Judge Breyer's Standing Order pdf, 129.88 KB; Standing Order For All Judges Of The Northern District Of California pdf, 86.54 KB

=== Judge Breyer's Standing Order pdf, 129.88 KB ===

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 t r u o C t c i r t s i D s e t a t S d e t i n U a i n r o f i l a C f o t c i r t s i D n r e h t r o N IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA GENERAL STANDING ORDER FOR CIVIL AND CRIMINAL CASES BEFORE JUDGE CHARLES R. BREYER I. RULES APPLICABLE TO ALL CASES A. Conformity to rules. Parties shall follow the Federal Rules, the Local Rules, and the General Orders of the Northern District of California, except as superseded by this Court's Standing Orders. B. Scheduling 1. Criminal calendar is generally conducted on Wednesdays at 10:00 a.m. for sentencing and 1:30 p.m. for all other matters. 2. Civil law and motion calendar is generally conducted on Fridays at 10:00 a.m. 3. Case management conferences are generally conducted on Fridays at 8:30 a.m. 4. Pretrial conferences are generally conducted at 2:00 p.m. on days determined by the Court. 5. For all hearing and conferences, order of call is determined by the Court. 6. Counsel need not reserve a hearing date for motions. However, counsel is advised to check the Court website scheduling notes for unavailable dates. Noticed dates may be reset as the Court’s calendar requires. 7. No changes in the Court’s schedule shall be made except by signed order of the Court and upon a showing of good cause. Parties seeking to continue hearings, request special status conferences, modify 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 t r u o C t c i r t s i D s e t a t S d e t i n U a i n r o f i l a C f o t c i r t s i D n r e h t r o N briefing schedules, or make other procedural changes shall submit a signed stipulation and proposed order, or, if stipulation is not possible, an ex parte application in writing. C. Motion practice. Briefs or Memoranda of Points and Authorities in support of, or in opposition to, any motions filed in an action must be typed on 28- line, double-spaced pleading paper and, except for summary judgment motions, may not exceed 15 pages in length, exclusive of title pages, indexes of cases, table of contents, exhibits, affidavits and summaries of argument, if required. Briefs exceeding10 pages in length must contain an additional summary of argument, including reference to any important cases cited. Summary judgment memoranda may not exceed 25 pages. Each party is limited to filing one summary judgment motion. Any party wishing to exceed this limit must request leave of the Court and must show good cause. Counsel shall submit a proposed form of order with all motion and opposition papers. D. Less-experienced attorneys and attorneys from underrepresented groups. Junior lawyers and lawyers from groups that have been historically underrepresented in the legal profession are invited to argue motions they have helped prepare and to question witnesses with whom they have worked. Opportunities to train young attorneys and attorneys from underrepresented groups in oral advocacy are rare because of the decline of trials. Where such lawyers are familiar with the matter under consideration, but have little experience arguing before a court, they should be encouraged to speak by the law firms involved in the case. This Court is amenable to permitting a number of lawyers to argue for one party if this creates an opportunity for a junior lawyer or lawyers from underrepresented groups to participate. Of course, the ultimate decision of who speaks on behalf of the client is for the lawyer in charge of the case, not for the Court. 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 t r u o C t c i r t s i D s e t a t S d e t i n U a i n r o f i l a C f o t c i r t s i D n r e h t r o N E. Courtesy copies. Parties must file a single (no duplicates) courtesy chambers copy of all filings. The courtesy copy must be delivered to the Clerk's Office no later than noon on the court day following the day that the document was electronically filed. (Note: This deadline differs from those in Civil Local Rule 5-1(e)(7)(A).) All chambers copies should be three-hole punched along the left side of the page, and should bear the ECF filing “stamp” (case number, docket number, date, and ECF page number) along the top of the page. All exhibits shall be clearly delineated with tabs along the right side (e.g., “1”, “2”, “3”). If the filing includes exhibits over three inches thick, the parties shall place the chambers copy in a binder. The Court prefers double-sided printing for voluminous chambers copies of exhibits, if possible. F. Filing under seal. Parties are reminded that court proceedings are presumptively public, and no document shall be filed under seal without request for a court order that is narrowly tailored to cover only the document, the particular portion of the document, or category of documents which meet the applicable legal standard for sealing. To the extent that filings include under seal materials, chambers copies should include all material—both redacted and unredacted—so that the chambers staff does not have to re- assemble the whole brief or declaration, although chambers copies should clearly delineate which portions are confidential (via highlighting). G. Protective orders. If parties believe that a protective order is necessary, they shall, where practicable, use one of the model stipulated protective orders (available at http://cand.uscourts.gov/stipprotectorder). If the parties’ proposed protective offer differs materially from the model protective order, the parties shall file a statement explaining each modification to the model order, along with a redline version comparing the proposed protective order with the model order. 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 t r u o C t c i r t s i D s e t a t S d e t i n U a i n r o f i l a C f o t c i r t s i D n r e h t r o N II. RULES APPLICABLE ONLY TO CIVIL CASES A. Motions to compel discovery are referred to a Magistrate Judge for assignment. Therefore, counsel are required to file a notice of discovery disputes to initiate a referral in lieu of filing discovery motions before this Court. B. Amended pleadings. If a party files an amended pleading, it shall concurrently file a redlined version comparing the amended pleading to the prior operative pleading. C. Unrepresented (pro se) parties. Parties representing themselves should visit https://www.cand.uscourts.gov/pro-se. The page discusses the Court’s “Legal Help Center,” which provides free assistance at the San Francisco, Oakland, and San Jose courthouses for unrepresented parties. It also links to the Court’s Pro Se Handbook. Parties may visit the Legal Help Centers at the San Francisco and Oakland courthouses, or call (415)-782-8982 to make an appointment. D. Case management conferences. The attorney appearing at a case management conference need not be lead counsel, but must have full authority to make decisions about any issue that may come up during the conference, including trial dates. III. SPECIAL RULES FOR 11(C)(1)(B) PLEA AGREEMENTS Plea agreements pursuant to Federal Rule of Criminal Procedure 11(c)(1)(B) must include the following: 1. If the agreement includes a Sentencing Guidelines calculation, then it must also state that the parties agree that the adjusted offense level results in a Guidelines range of ___ to ___ months depending on the defendant’s Criminal History Category. 2. If the agreement includes a waiver of appellate rights, it must also reserve the 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 t r u o C t c i r t s i D s e t a t S d e t i n U a i n r o f i l a C f o t c i r t s i D n r e h t r o N defendant’s right to appeal the judgment of the Court as it pertains to any alleged error in sentencing as well as any claim to ineffective assistance of counsel. IT IS SO ORDERED. Dated: July 17, 2025 /s/ CHARLES R. BREYER United States District Judge 5

=== Standing Order For All Judges Of The Northern District Of California pdf, 86.54 KB ===

STANDING ORDER FOR ALL JUDGES OF THE NORTHERN DISTRICT OF CALIFORNIA CONTENTS OF JOINT CASE MANAGEMENT STATEMENT All judges of the Northern District of California require identical information in Joint Case Management Statements filed pursuant to Civil Local Rule 16-9. The parties must include the following information in their statement which, except in unusually complex cases, should not exceed ten pages: 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. Jurisdiction and Service: The basis for the court’s subject matter jurisdiction over plaintiff’s claims and defendant’s counterclaims, whether any issues exist regarding personal jurisdiction or venue, whether any parties remain to be served, and, if any parties remain to be served, a proposed deadline for service. Facts: A brief chronology of the facts and a statement of the principal factual issues in dispute. Legal Issues: A brief statement, without extended legal argument, of the disputed points of law, including reference to specific statutes and decisions. Motions: All prior and pending motions, their current status, and any anticipated motions. Amendment of Pleadings: The extent to which parties, claims, or defenses are expected to be added or dismissed and a proposed deadline for amending the pleadings. Evidence Preservation: A brief report certifying that the parties have reviewed the Guidelines Relating to the Discovery of Electronically Stored Information (“ESI Guidelines”), and confirming that the parties have met and conferred pursuant to Fed. R. Civ. P. 26(f) regarding reasonable and proportionate steps taken to preserve evidence relevant to the issues reasonably evident in this action. See ESI Guidelines 2.01 and 2.02, and Checklist for ESI Meet and Confer. Disclosures: Whether there has been full and timely compliance with the initial disclosure requirements of Fed. R. Civ. P. 26, and a description of the disclosures made. Discovery: Discovery taken to date, if any, the scope of anticipated discovery, any proposed limitations or modifications of the discovery rules, a brief report on whether the parties have considered entering into a stipulated e-discovery order, a proposed discovery plan pursuant to Fed. R. Civ. P. 26(f), and any identified discovery disputes. Class Actions: If a class action, a proposal for how and when the class will be certified, and whether all attorneys of record for the parties have reviewed the Procedural Guidance for Class Action Settlements. Related Cases: Any related cases or proceedings pending before another judge of this court, or before another court or administrative body. Relief: All relief sought through complaint or counterclaim, including the amount of any damages sought and a description of the bases on which damages are calculated. In addition, any party from whom damages are sought must describe the bases on which it contends damages should be calculated if liability is established. Updated November 30, 2023 1 12. Settlement and ADR: Prospects for settlement, ADR efforts to date, and a specific ADR plan for the case, including compliance with ADR L.R. 3-5 and a description of key discovery or motions necessary to position the parties to negotiate a resolution. 13. Other References: Whether the case is suitable for reference to binding arbitration, a special master, or the Judicial Panel on Multidistrict Litigation. 14. Narrowing of Issues: Issues that can be narrowed by agreement or by motion, suggestions to expedite the presentation of evidence at trial (e.g., through summaries or stipulated facts), and any request to bifurcate issues, claims, or defenses. The parties shall jointly identify (in bold or highlight) one to three issues which are the most consequential to the case and discuss how resolution of these issues may be expedited. 15. 16. Scheduling: Proposed dates for designation of experts, discovery cutoff, hearing of dispositive motions, pretrial conference and trial. Trial: Whether the case will be tried to a jury or to the court and the expected length of the trial. 17. Disclosure of Non-party Interested Entities or Persons: Whether each party has filed the “Certification of Interested Entities or Persons” required by Civil Local Rule 3-15. In addition, each party must restate in the case management statement the contents of its certification by identifying any persons, firms, partnerships, corporations (including parent corporations) or other entities known by the party to have either: (i) a financial interest in the subject matter in controversy or in a party to the proceeding; or (ii) any other kind of interest that could be substantially affected by the outcome of the proceeding. In any proposed class, collective, or representative action, the required disclosure includes any person or entity that is funding the prosecution of any claim or counterclaim. 18. Professional Conduct: Whether all attorneys of record for the parties have reviewed the Guidelines for Professional Conduct for the Northern District of California. 19. Such other matters as may facilitate the just, speedy and inexpensive disposition of this matter. Updated November 30, 2023 2