Courtesy copies are required for settlement demands and settlement offers. Details: 1 copy, delivery within 2 days, by hand delivery or fax. Settlement demand/offer letters must be delivered to chambers 2 days before conference; not to be filed.
Judge Virginia M. Kendall's rule states these limits: 5 pages. Joint initial status report limited to 5 pages.
The rule requires written offer. Defendant must submit written settlement offer 7 days before settlement conference.
The rule requires settlement demand, itemization of damages, and written itemization. Plaintiff must submit settlement demand and damages itemization 14 days before settlement conference.
A fee is required for covered filings. Chief Judge Kendall presumptively requires a $1,000 bond per defendant for temporary restraining orders.
Proof of service is required for the covered service rule. Third parties not named in the complaint cannot be named in active concert with defendants unless active concert is proven and they receive advance notice and opportunity to be heard.
Defendant must submit written settlement offer 7 days before settlement conference.
Plaintiff must submit settlement demand and damages itemization 14 days before settlement conference.
Settlement demand/offer letters must be delivered to chambers 2 days before conference; not to be filed.
Parties with settlement authority must personally attend settlement conference.
Settlement conference follows mediation format with joint and private sessions.
Settlement conference statements are inadmissible at trial.
Parties must be prepared to discuss 8 specific issues at settlement conference.
Joint initial status report limited to 5 pages.
Joint initial status report due 3 business days before initial status conference.
Joint initial status report not required in mortgage foreclosure cases.
Plaintiff’s attorney must file a single signed declaration under penalty of perjury meeting specific content requirements for TRO, joinder, and personal jurisdiction in Schedule A cases.
Plaintiffs in utility patent TRO or preliminary injunction motions should not seek asset restraints unless the ABC Prods. order does not apply.
Chief Judge Kendall presumptively requires a $1,000 bond per defendant for temporary restraining orders.
Third parties not named in the complaint cannot be named in active concert with defendants unless active concert is proven and they receive advance notice and opportunity to be heard.
Plaintiff’s attorney must file a signed declaration under penalty of perjury stating if defendants’ addresses are known and efforts to discover them for electronic service under FRCP 4 and 5.
Plaintiff’s attorney must file a signed declaration under penalty of perjury certifying service, notice, opportunity to respond, and response status for default or default judgment entry.
Foreign language exhibits must be filed with an admissible English translation; Google Translate is insufficient.
Counsel are encouraged to include case-specific analysis in briefing for IP infringement claims instead of broad exhibit citations, which may delay or deny motions.
Plaintiff must file a single concise declaration to satisfy the applicable conditions.
All proposed orders must comply with the Court’s standing order on submitting proposed orders, and orders with drafting or proofreading errors will be summarily rejected.