Hon. Lisa J. Cisneros · U.S. District Court for the Northern District of California
=== Judge Cisneros's Pretrial Conference Standing Order pdf, 135.79 KB ===
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA STANDING ORDER FOR CIVIL PRETRIAL CONFERENCES FOR MAGISTRATE JUDGE LISA J. CISNEROS (Effective June 28, 2024) This Standing Order is intended to allow parties to prepare for pretrial conferences in civil cases before Judge Cisneros. In most cases, the Court will also issue an order in advance of trial addressing trial procedures in greater detail. Parties shall comply with the Federal Rules of Civil and Criminal Procedure, the Northern District of California’s Local Rules and General Orders, and this Standing Order, all of which are available at www.cand.uscourts.gov/rules/. Failure to comply may result in the imposition of sanctions, including monetary sanctions, dismissal, and/or entry of judgment. See Civ. L.R. 1-4. 1. Civil pretrial conferences are heard on Fridays at 1:30 p.m. 2. Not less than twenty-eight days prior to the pretrial conference, counsel shall exchange (but not file or lodge) the papers described in Civil Local Rule 16-10(b)(7), (8), (9), and (10), and their motions in limine. At least twenty-one days before the final pretrial conference, lead counsel who 3. will try the case shall meet and confer with respect to: (a) Preparation and content of the joint pretrial conference statement; (b) Resolution of any differences between the parties regarding the preparation and content of the joint pretrial conference statement and the preparation and exchange of pretrial materials to be served and lodged pursuant to this Order for Pretrial Preparation. To the extent such differences are not resolved, the parties will present the issues in the pretrial conference statement so that the judge may rule on the matter during the pretrial conference; and (c) Settlement of the action. Not less than fourteen days prior to the pretrial conference, counsel shall file the 4. following: (a) Pretrial Conference Statement. The parties shall file a joint pretrial conference statement containing the following information: (1) The Action. (A) Substance of the Action. A brief description of the substance of claims and defenses which remain to be decided. (B) Relief Prayed. A detailed statement of all the relief claimed, particularly itemizing all elements of damages claimed. (2) The Factual Basis of the Action. 1 (A) Undisputed Facts. A plain and concise statement of all relevant facts not reasonably disputed. (B) Disputed Factual Issues. A plain and concise statement of all disputed factual issues which remain to be decided. (C) Agreed Statement. A statement assessing whether all or part of the action may be presented upon an agreed statement of facts. (D) Stipulations. A statement of stipulations requested or proposed for pretrial or trial purposes. (3) Disputed Legal Issues. Without extended legal argument, a concise statement of each disputed point of law concerning liability or relief. (4) Further Discovery or Motions. A statement of all remaining discovery or motions. (5) Trial Alternatives and Options. (A) Settlement Discussions. A statement summarizing the status of settlement negotiations and indicating whether further negotiations are likely to be productive. (B) Bifurcation, Separate Trial of Issues. A statement of whether bifurcation or a separate trial of specific issues is feasible and desired. (6) Miscellaneous. Any other subjects relevant to the trial of the action, or material to its just, speedy and inexpensive determination. (b) Exhibit List and Objections. The exhibit list shall list each proposed exhibit by its number (see Civil L.R. 30-2(b , description, and sponsoring witness, followed by blanks to accommodate the date on which it is marked for identification and the date on which it is admitted into evidence. No party shall be permitted to offer any exhibit in its case-in-chief that is not disclosed in its exhibit list without leave of the Court for good cause shown. Parties shall also deliver a set of premarked exhibits to the Courtroom Deputy at the Clerk’s Office. Do not deliver these exhibits directly to chambers. The exhibit markers shall each contain the name and number of the case, the number of the exhibit, and blanks to accommodate the date admitted and the Deputy Clerk's initials. Any objections to exhibits which remain after the pretrial meeting shall be indicated in the pretrial statement. Exhibit numbers should be assigned by block to each party to fit the needs of the case. (E.g., Plaintiff has Exhibits 1 through 100, and Defendant has Exhibits 101 through 200.) Exhibits should be labeled as “Trial Exhibit No. __,” not “Plaintiff’s Exhibit” or “Defendant’s Exhibit,” to avoid any implication of “ownership” to the jury. A sample exhibit list is included at the end of this Standing Order. A sample exhibit marker is as follows: 2 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA TRIAL EXHIBIT No. _______ Case No.: _____________ Date Admitted _________ By:___________, Deputy Clerk (c) Witness List. In addition to the requirements of Fed. R. Civ. P. 26(a)(3)(A), parties must also submit a brief joint statement describing the substance of the testimony to be given by each witness who may be called at trial, as well as an estimated duration for direct examination off each witness. No party shall be permitted to call any witness in its case-in-chief who is not disclosed in its pretrial statement without leave of Court for good cause shown. (d) Use of Discovery Responses. In addition to the requirements of Fed. R. Civ. P. 26(a)(3)(A), parties must identify any designations of excerpts from interrogatory answers or from responses for admissions intended to be offered at trial. Within seven days from when the disclosures are filed with the Court, counsel shall indicate any objections to use of these materials and that counsel have conferred respecting such objections. (e) Trial briefs. Briefs on all significant disputed issues of law, including foreseeable procedural and evidentiary issues, which remain after the pretrial meeting. (f) Motions in Limine. Any motions in limine that could not be settled at the pretrial meeting shall be filed with the pretrial statement. All motions in limine shall be contained within one jointly filed document, limited to twenty- four pages, with each motion listed as a subheading. Opposition to the motions in limine shall be contained within one document, limited to twenty- four pages, with corresponding subheadings, and filed seven days thereafter. (g) Joint Proposed Voir Dire (jury trials only). The attached voir dire questionnaire will be given to the venire members, and copies of the responses will be made available to counsel at the beginning of voir dire. Counsel may submit a set of additional requested voir dire, to be included in the questionnaire or posed by the Court, to which they have agreed at the pretrial meeting. Any voir dire questions on which counsel cannot agree shall be submitted separately. Counsel may be allowed brief follow-up voir dire after the Court's questioning. 3 (h) Joint Proposed Jury Instructions (jury trials only). As applicable, jury instructions 1.2 through 1.21, 2.1 through 2.13, and 3.1 through 3.3 from the Manual of Model Civil Jury Instructions for the Ninth Circuit (most recent edition) will be given absent objection. Counsel shall jointly submit one set of additional proposed jury instructions, to which they have agreed at the pretrial meeting. The instructions shall be ordered in a logical sequence, together with a table of contents. Any instruction that is based on a form or model instruction (including but not limited to Ninth Circuit model jury instructions and Judicial Council of California Civil Jury Instructions (CACI must indicate the number of the form instruction and any alterations made by the parties. Any instruction on which counsel cannot agree shall be marked as “disputed,” and shall be included within the jointly submitted instructions and accompanying table of contents, in the place where the party proposing the instruction believes it should be given. Argument and authority for and against each disputed instruction shall be included as part of the joint submission, on separate pages directly following the disputed instruction. The parties shall email to [email protected] a copy of their proposed jury instructions in Word format. The subject of the email should include the case name, the case number and a description of the document. (i) Proposed Verdict Forms, Joint or Separate (jury trials only). (j) Proposed Findings of Fact and Conclusions of Law (bench trials only). Each party shall file proposed findings of fact and conclusions of law, presenting in numbered paragraphs all findings of fact followed by all conclusions of law. The parties shall email to [email protected] a copy of their proposed findings of fact and conclusions of law in Word format. The subject of the email should include the name of the case, the case number and a description of the document. The Court requests that the parties hyperlink each proposed Finding of Fact to any supporting evidence, and arrange for either electronic file transfer or delivery of a USB drive containing the hyperlinked exhibits. 4 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA Trial Exhibit List for Magistrate Judge Lisa J. Cisneros Case Name: ________________________________________________________________ Case No.: _________________ Trial Date: _________________ Plaintiff’s Exhibit Range: __________ Defendant’s Exhibit Range: __________ Exhibit Number Description Sponsoring Witness Date Marked for Identification Date Admitted in Evidence Page ___ of ___
=== Judge Cisneros's Settlement Conference Standing Order pdf, 124.28 KB ===
UNITED STATES DISTRICT COURT NOTHERN DISTRICT OF CALIFORNIA SETTLEMENT CONFERENCE STANDING ORDER FOR MAGISTRATE JUDGE LISA J. CISNEROS (Effective December 7, 2023) This Standing Order governs cases referred to Magistrate Judge Lisa J. Cisneros for settlement. Settlement conferences are generally held in-person. Prior to the settlement conference, the Court will hold at least one telephonic pre-settlement conference meeting with counsel. This meeting may be used to schedule the settlement conference, discuss logistics, field questions, and address any other issue that the parties or the Court raises to facilitate an effective settlement conference. Telephonic pre-settlement conference meetings and settlement conferences will be set by Clerk’s Notice. For questions, contact Judge Cisneros’s Courtroom Deputy (CRD), Brittany Sims, at [email protected] or (415) 522-2043. A. MEET AND CONFER REQUIREMENT No later than 14 days prior to the settlement conference, and prior to the preparation of their exchanged settlement conference statements and confidential settlement letters, counsel for the parties shall meet and confer (in person, by video conference, or by phone) to discuss matters pertinent to improving the prospects that the settlement negotiations will be productive. Counsel may address any subjects they feel are appropriate, but must discuss the following: 1. Who will attend the conference on behalf of each party, including counsel and identification of the person(s) with full authority to decide whether any settlement offer is made, accepted, or rejected (e.g., either the party or another person(s) if full authority does not rest with the party). 2. Which persons or entities must approve a proposed settlement agreement before it can be executed, as well as the nature and duration of any such approval process. 3. Whether insurance is available to cover all or part of the claimed losses or to fund all or part of any party’s defense; whether tenders have been made to any insurance companies; and if insurance is available, the name and position held by each claims representative who will be attending the settlement conference. 4. Whether it would be useful for settlement demands and/or offers to be made before the settlement conference is convened. 5. Whether there are particular documents or other tangible things that should be brought to the conference (e.g., to educate the settlement judge or to support or explain significant contentions). 1 6. Any unusual issues or factors that could come into play in settlement negotiations or any especially sensitive matters that other counsel should be alerted to before the conference. B. SETTLEMENT CONFERENCE STATEMENTS No later than 7 days prior to the settlement conference, counsel for each party shall email a pdf of their settlement conference statement to [email protected]. Counsel shall serve a copy of the settlement conference statement on all parties. Counsel is strongly encouraged to share with their client(s) the contents of the opposing party’s settlement conference statement(s) prior to the settlement conference. The settlement conference statement shall not exceed ten pages of text. Parties are encouraged to include as exhibits any key documents and deposition excerpts. The exhibits to the settlement conference statement shall not exceed twenty pages. The settlement conference statement must include the following: 1. A brief statement of the facts of the case. 2. A brief statement of the claims and defenses including, but not limited to, the statutory or other grounds upon which the claims or defenses are founded. 3. A description of the key factual and legal issues that are in dispute and a plain and concise statement of the specific evidence relevant to their determination. Portions of any exhibits relied upon by the parties shall be referenced and highlighted. 4. A summary of the proceedings to date and any pending motions. 5. The relief sought, the basis for any damage calculations, and a description of any non- monetary relief sought or non-monetary components of settlement offers or demands. 6. A list of the names, titles, positions, and email addresses of all persons who will be attending the conference on behalf of each party. 7. Where the party is a governmental entity, a description of which persons or entities must approve a proposed settlement agreement before it can be executed, as well as the nature and duration of that approval process. C. CONFIDENTIAL SETTLEMENT LETTERS No later than 7 days prior to the settlement conference, each counsel shall email a pdf of their confidential settlement letter to [email protected]. The confidential settlement letter shall not be served upon the other parties. The confidential settlement letter, not to exceed five pages of text, must include the following: 2 1. Separately for each principal claim and defense, a forthright evaluation of the strengths and weaknesses and likelihood that the party submitting the confidential settlement letter will prevail. Citations to any key legal authorities relied upon by the parties as part of this evaluation shall be provided. 2. An estimate of out-of-pocket expenses, attorneys’ fees, and time: (a) spent to date and (b) to be expended for further discovery, pretrial preparation, and trial. If plaintiff seeks attorneys’ fees and costs, counsel shall be prepared at the conference to provide sufficient information to enable the fee claim to be evaluated for settlement purposes. 3. A history of past settlement discussions (without revealing communications whose disclosure to a settlement judge is prohibited), a description of the principal impediments (factual, legal, or other) to reaching agreement, and the reason the parties’ assessments of the settlement value of the case differ. 4. A realistic settlement figure or terms (including any non-monetary terms) that, given all the circumstances, the party submitting the confidential settlement letter would consider seriously. 5. Where the party is insured or is a governmental entity, any foreseeable barriers to insurance coverage or approval of a proposed settlement, or special concerns that the insurer or governmental entity might want addressed. 6. A brief discussion of any of the subjects identified in Section A of this Order that might be significant in the settlement dynamic. D. ATTENDANCE REQUIREMENTS Lead trial counsel must attend the settlement conference with the parties and persons having full authority to negotiate and settle the case. 1. Corporation or Other Non-Government Entity A party other than a natural person (e.g., a corporation or association) satisfies the attendance requirement if represented by a person (other than outside counsel) who is knowledgeable about the case and has final authority to settle up to the full amount of the opposing party’s existing settlement demand or offer. If authority to settle is vested in a governing board, claims committee, or equivalent body and cannot be delegated, a party must designate a person with authority to participate in the settlement conference and, if a tentative settlement agreement is reached, to recommend the agreement to the appropriate body for approval. See N.D. Cal. ADR L.R. 7-3(a). 3 2. Government Entity A party that is a government entity satisfies the attendance requirement if represented by a person (in addition to counsel of record) who (a) has, to the greatest extent feasible, authority to settle, (b) is knowledgeable about the facts of the case, the government entity’s position, and the positions and policies under which the government entity decides whether to accept proposed settlements, and (c) has the authority, if a tentative settlement agreement is reached, to recommend the agreement to the government entity for approval. See N.D. Cal. ADR L.R. 7- 3(b). If the action is brought by the government on behalf of one or more individuals, at least one such individual also must attend. See id. 3. Insured Party An insured party must appear with a representative of the carrier who has full authority to negotiate up to the limits of coverage. See N.D. Cal. ADR L.R. 7-3(c). A person who needs to call another person, not present, before agreeing to any settlement does not have full authority. E. MISCELLANEOUS 1. Settlement Conferences Settlement conferences regularly last three or more hours. During the settlement conference, parties should be prepared to discuss such issues as: (1) their settlement objectives; (2) any impediments to settlement they perceive; (3) whether they have enough information to discuss settlement and, if not, what additional information is needed; and (4) the possibility of a creative resolution of the dispute. Statements made during the conference are confidential and will not be admissible at trial if the case does not settle. See N.D. Cal. ADR L.R. 7-4. 2. Zoom and Hybrid Settlement Conferences The Court will consider requests to hold the settlement conference entirely on Zoom, or for an individual or subset of individuals to be excused from in-person attendance and allowed to participate via Zoom or telephone. Such requests must be made at a pre-settlement conference meeting with the Court, or well in advance of the settlement conference. If a request is not made at a pre-settlement conference meeting, the request shall be submitted at least 30 days in advance of the settlement conference by filing either a Motion for Administrative Relief (if the request is opposed) or Stipulation (if the request is unopposed), pursuant to Civil Local Rules 7-11 and 7- 12, respectively. The Court will resolve such requests by order. For settlement conferences in which all parties or some individuals have been allowed by the Court to participate via Zoom, counsel must provide to the CRD the names and email addresses for those settlement conference participants. Without these email addresses, a Zoom Invitation to join the settlement conference cannot be sent. This contact information shall be emailed to [email protected] no later than 7 days before the settlement conference. 4 3. Continuances Any request to continue the settlement conference must be filed on ECF as soon as possible after meeting and conferring with opposing counsel, and well in advance of the scheduled date. The request must demonstrate a compelling reason for a continuance and state whether it is joined or opposed by the other party(ies). The original settlement conference date will remain on calendar and the parties must appear on that date unless they receive an order from the Court continuing the matter. 4. Additional Requirements The parties shall notify chambers immediately at (415) 522-4020 if the case settles prior to the date of the settlement conference. Counsel must provide a copy of this order to all participating parties. Counsel must review Northern District of California ADR Local Rule 7, available at https://www.cand.uscourts.gov/about/court-programs/alternative-dispute-resolution- adr/adr-local-rules. 5
=== Judge Cisneros's Civil Standing Order pdf, 133.89 KB ===
UNITED STATES DISTRICT COURT NOTHERN DISTRICT OF CALIFORNIA CIVIL STANDING ORDER FOR MAGISTRATE JUDGE LISA J. CISNEROS Parties shall comply with the Federal Rules of Civil Procedure, the Northern District of California’s Civil Local Rules and General Orders, and this Standing Order, all of which are available at www.cand.uscourts.gov/rules/. Failure to comply may result in the imposition of sanctions, including monetary sanctions, dismissal, and/or entry of judgment. See Civ. L.R. 1-4. A. CALENDAR DATES AND SCHEDULING Civil motions are heard on Tuesdays at 10:30 a.m., except that when Judge Cisneros is on criminal duty, civil motions are heard on Thursdays at 1:30 p.m. Motion hearings are in person unless otherwise ordered by the Court; any request for a remote hearing must be made by administrative motion or by stipulation and proposed order. Hybrid hearings, with some counsel in person and others appearing remotely, are disfavored. Parties should notice motions pursuant to the local rules. Parties need not reserve a hearing date but should confirm the Court’s availability by viewing the calendar and scheduling notes available at https://www.cand.uscourts.gov/lisa-j-cisneros/. Hearing dates may be reset as the Court’s calendar requires or matters may be decided without a hearing. For scheduling requests that fall within the parameters for Civil Local Rules 6-1, 6-2, and 6-3, including requests to advance or enlarge time to hear a motion, such request shall be made through the procedures set forth in those rules. For other administrative questions concerning the Court’s schedule, contact Judge Cisneros’s Courtroom Deputy (“CRD”) at [email protected] or (415) 522-2043. For further information on contact with chambers, see section I below. Civil case management conferences are heard Thursdays at 1:30 p.m. via Zoom webinar videoconference. Settlement conferences are held on Mondays, Wednesdays and Fridays, starting at 10:30 a.m. Telephonic pre-settlement conference meetings are held Thursdays at 10:30 a.m. Claim construction hearings are held on Fridays, staring at 10:30 a.m. B. CHAMBERS COPIES AND PROPOSED ORDERS 1. Chambers Copies of Voluminous Filings. Chambers copies are required only for filings that necessitate action by the Court and exceed 50 pages inclusive of supporting declarations and exhibits. Chambers copies must bear the PACER/ECF header (with case number, docket number, date, and page number) and be clearly marked with the judge’s initials (LJC) and the designation “Chambers Copy.” Chambers copies must be bound at the top or side; 1 voluminous filings (those over two inches in thickness) should be placed in binders. Exhibits must be tabbed. Chambers copies may be accompanied by a flash drive where appropriate. Chambers copies shall arrive at the Court within 48 hours after e-filing. 2. Chambers Copies of Sealed Material. The Court may request electronic chambers copies of material filed under seal, particularly when a filing includes multiple sealed docket entries or sub-entries. Parties filing material under seal should be prepared to send PDF chambers copies via email or (at a party’s option) their own secure file transfer systems if requested by the Court. 3. Proposed Orders. A proposed order is required for all filings that necessitate action by the Court. Proposed orders in civil cases shall be submitted in Word format (.doc or .docx) via email to [email protected] on the day of filing. This email address is to be used only for civil proposed orders unless otherwise directed by the Court. Proposed orders should state with specificity the relief that a party proposes to be ordered, without extraneous analysis or commentary. C. CONSENT CASES In civil cases assigned to Judge Cisneros for all purposes, the parties should file their written consent to the assignment of a United States Magistrate Judge for all purposes or their written declination of consent as soon as possible and in no event later than the deadlines specified in Civil Local Rule 73-1. The form is available at www.cand.uscourts.gov/civilforms. D. CASE MANAGEMENT 1. Case Management Conference Statements. The parties shall file a joint case management statement at least 7 days prior to the case management conference. In cases involving unrepresented litigants, the parties may file separate statements. The statements shall address all matters set forth in the Standing Order for All Judges of the Northern District of California – Contents of Joint Case Management Statement, which is available at https://www.cand.uscourts.gov/rules/judges-standing-orders/. See Civ. L.R. 16-9(a). Unless proceeding pro se (in which case, the party must personally appear), each party shall be represented at the conference by counsel who has full authority and is fully prepared to: (a) address the matters set forth in the Standing Order for All Judges of the Northern District of California – Contents of Joint Case Management Statement, as well as in Federal Rules of Civil Procedure 16(c) and 26(f); (b) enter into stipulations and make admissions as contemplated in Rule 16(c); and (c) select an ADR process (if one has not been selected). 2. Pronouns and Honorifics. Litigants and lawyers may indicate their pronouns, titles (e.g. Mr., Ms., Mx., Dr.), or pronunciation of their names by any reasonable means, including but not limited to in signature of blocks of filings, at the time of appearance in court, or by sending an email or passing a note to the Courtroom Deputy. Lawyers may similarly advise the Court regarding appropriate identification of clients or witnesses. Judge Cisneros’s pronouns are she/her. 2 3. Lawyer Development. The Court encourages parties to contribute to the development of the bar by permitting lawyers with less than five years of experience to argue motions, have a significant participatory role in settlement conferences, and examine witnesses at trial. E. MOTION PRACTICE 1. Meet and Confer Requirement. The parties shall meet and confer (in person, by video conference, or by phone) before filing any motion or non-stipulated request. All motions or non-stipulated requests shall include a certification, which may be submitted separately or included in the body of the filing, that the parties have complied with this meet and confer requirement. The Court may strike filings that do not comply. 2. Failure to Oppose. The failure of the opposing party to file a timely response to any motion or non-stipulated request may be construed as consent to the granting of the motion or request as unopposed. 3. Summary Judgment Motions. Absent prior leave of Court, the parties are limited to filing one summary judgment motion per side, not to exceed 25 pages in length. Aligned parties (e.g., co-defendants) are to file joint briefs. If the parties wish to depart from the standard briefing schedule and page limits set by Civil Local Rule 7-2 and 7-3 (for example, to set a schedule involving one party’s motion followed by another party’s consolidated opposition and cross-motion), they shall make this proposal in a joint case management statement that is filed in advance of a case management conference, or file an administrative motion or stipulation and proposed order no later than three weeks before the first motion for summary judgment will be filed. 4. Technological Assistance. Counsel and parties appearing without legal representation are responsible for providing complete and accurate representations in any submission to the Court to the extent required by Rule 11 of the Federal Rules of Civil Procedure, the California Rules of Professional Conduct, and any other applicable legal or ethical guidance. Parties are not categorically prohibited from using any sort of lawful technological assistance in researching or drafting briefs, including artificial intelligence (AI) tools that assist in the preparation of material for submission to the Court. That said, attorneys and unrepresented parties must understand the limitations of any tools that they use, and they remain fully responsible for the final products they submit to the Court. The Court will impute any errors by computer-based tools to the attorney or unrepresented party whose signature appears on the document containing those errors. Failure to verify the accuracy of briefs, and 3 particularly the accuracy of citations to law and evidence, may be grounds for sanctions and/or striking a filing.1 F. DISCOVERY 1. General. Parties shall propound disclosures and discovery in accordance with Federal Rules of Civil Procedure 26 through 37 and the corresponding Civil Local Rules for the Northern District of California. A copy of the Local Rules is available at the Clerk’s Office and at the Court’s website (http://www.cand.uscourts.gov). No exceptions to the limitations established in the Federal and Local Rules shall be permitted except pursuant to stipulation of the parties or order of the Court. 2. Evidence Preservation. After a party has notice of this order, it must take the steps needed to preserve information relevant to the issues in question in the litigation, including suspending any document-destruction programs. 3. Document Disclosures. To the maximum extent feasible, all party files and records should be retained and produced in their original form and sequence, and the originals should remain available for inspection by any counsel on reasonable notice. Except for good cause, no item will be received in evidence if the proponent failed to produce it in the face of a reasonable and proper discovery request covering the item, regardless of whether a motion to overrule any objection thereto was made. 4. Written Discovery. The Court encourages the party propounding discovery to provide courtesy copies of all requests for written discovery (i.e., interrogatories, document requests, requests for admission) to the responding party in an electronic format (e.g., Microsoft Word, or other word processing application) that easily permits the responding party to copy the requests for purposes of responding to them. 5. Discovery Disputes. This order’s meet and confer and joint letter procedures for discovery disputes apply to disputes among the parties to this action and to disputes between parties and non-parties who have been served with subpoenas. All discovery disputes before the Court shall proceed as follows: when there is a discovery dispute, the parties must first make a good faith effort to resolve the dispute before seeking Court intervention. After attempting to address the issue(s) via letter, phone call, and/or email, any party or non-party may demand a formal meet and confer within two weeks’ notice. Counsel for each party must meet and confer in person or by videoconference. A mere exchange 1 This Standing Order should not be construed as reducing an attorney’s duty of care under any rule of professional conduct, or as creating an exception to any such rule or other authority that might limit the use of AI or other technological assistance. 4 of letters, e-mails, or telephone calls does not satisfy the meet and confer requirement. If disagreements remain, the parties shall file a joint letter no later than five business days after the formal meet and confer, unless otherwise directed by the Court. Lead trial counsel for both parties must sign the letter, which shall include an attestation that the parties met and conferred in person or by video regarding all issues prior to filing the letter. The joint letter must include a paragraph listing relevant discovery dates and case management deadlines, such as: (1) the fact and expert discovery cut-off dates; (2) the last day to hear or file dispositive motions; (3) the claim construction or class certification briefing deadlines and hearing dates; and (4) pretrial conference and trial dates. Going issue-by-issue, the joint letter shall describe each unresolved issue, summarize each party’s position with appropriate legal authority, and provide each party’s final proposed compromise before moving to the next issue. In the rare instance that a joint letter is not possible, each side may submit a letter not to exceed two pages, which shall include an explanation of why a joint letter was not possible. The parties shall submit one exhibit that sets forth each disputed discovery request in full, followed immediately by the objections and/or responses thereto. No other information shall be included in the exhibit. An additional set of exhibits is allowed for declarations or other documents relevant to the discovery dispute. Such exhibits shall not exceed twenty-five pages without leave of the Court. Joint letters must be filed in ECF under the Civil Events category of Motions and Related Filings > Motions: General > Discovery Letter Brief. Joint letters shall be in text-searchable PDF format and shall not exceed five pages (12-point font or greater; single-spaced, margins no less than one inch) without leave of the Court. The Court will review the submission(s) and determine whether formal briefing or proceedings are necessary. The Court expects the parties to cooperate in the preparation of their joint letter so that each side has adequate time to prepare its own arguments and address its adversary’s arguments before submission of the letter. Unjustified delay or refusal to participate meaningfully in the formal meet and confer or in the preparation of the joint letter may be grounds for entry of an order adverse to the delaying or non-participating party. If necessary, the Court will set a hearing to address the discovery dispute. Hearings concerning discovery disputes are generally held via Zoom and set on the Civil Law & Motion calendar. See Part A (Calendar Dates and Scheduling). 5 6. Protective Orders. If parties believe a protective order is necessary, they are encouraged to use one of the Court’s model protective orders (available at http://cand.uscourts.gov/model-protective-orders). Parties shall file one of the following with their proposed protective order: (1) a declaration stating that the proposed order is identical to one of the model orders except for the addition of case-identifying information or the elimination of language denoted as optional; (2) a declaration explaining each modification to the model order, along with a redline version comparing the proposed protective order with the model order; or (3) a declaration explaining why use of one of the model orders is not practicable. 7. Privilege Logs. If a party withholds responsive information by claiming that it is privileged or otherwise protected from discovery, that party shall produce a privilege log. See Fed. R. Civ. P. 26(b)(5). Privilege logs must be sufficiently detailed for the opposing party to assess whether the assertion of privilege is justified. Unless the parties agree to alternative logging methods, the log should include: (1) the title and description of the document, including number of pages or Bates number range; (2) the subject matter addressed in the document; (3) the identity and position of its author(s); (4) the identity and position of all addressees and recipients; (5) the date the document was prepared and, if different, the date(s) on which it was sent to or shared with persons other than its author(s); and (6) the specific basis for the claim that the document is privileged or protected. The privilege log will be produced as quickly as possible, but no later than fourteen (14) days after its disclosures or discovery responses are due, unless the parties stipulate to, or the Court sets, another date. 8. Depositions. Absent extraordinary circumstances, counsel shall consult in advance with opposing counsel and unrepresented proposed deponents to schedule depositions at mutually convenient times and places. Where an agreement cannot be reached as to any party deponent or a deponent represented by counsel of record, the following procedure may be invoked by the party seeking such any such deposition. The party seeking such a deposition may notice it at least thirty days in advance. If the noticed date and place is unacceptable to the deponent or the deponent’s counsel, then within ten days of receipt of the notice, the deponent or counsel for the deponent must reply and counter-propose in writing an alternative date and place falling within thirty days of the date noticed by the party seeking the deposition. 6 Counsel and parties must comply with Federal Rules of Civil Procedure 30(d)(1). Deposition objections must be as to privilege or form only. Speaking objections are prohibited. When a privilege is claimed, the witness should nevertheless answer questions relevant to the existence, extent, or waiver of the privilege, such as the date of a communication, who made the statement, to whom and in whose presence the statement was made, other persons to whom the contents of the statement have been disclosed, and the general subject matter of the statement, unless such information is itself privileged. Private conferences between deponents and attorneys in the course of interrogation, including a line of related questions, are improper and prohibited except for the sole purpose of determining whether a privilege should be asserted. 9. Emergencies. In emergencies during discovery events (such as depositions), any party may, after exhausting good faith attempts to resolve disputed issues, seek judicial intervention pursuant to Civil L.R. 37-1(b) by contacting the Court through the courtroom deputy. Before calling, the parties must first send a short email describing the nature of the dispute to [email protected]. If the Court is unavailable, the discovery event shall proceed with objections noted for the record. G. SETTLEMENT CONFERENCES Settlement conferences are governed by Judge Cisneros’s Settlement Conference Standing Order, available at https://www.cand.uscourts.gov/lisa-j-cisneros/. Please note that Settlement Conference Statements and Confidential Settlement Letters are to be lodged (not filed) by emailing to [email protected]. H. ELECTRONIC FILINGS Electronically filed documents must be text-searchable PDFs and compatible with text- to-speech readers, such as Adobe Acrobat, whenever possible. I. COMMUNICATIONS WITH CHAMBERS AND COURT STAFF Except as otherwise permitted by this Standing Order or by another order of the Court, parties and attorneys should not communicate with Judge Cisneros or her staff (including the Courtroom Deputy) about a case except in open court (including remote video proceedings) or through filings in the ECF docket. For example, requests to clarify an order, set or continue a hearing, or allow a remote appearance should be made through appropriate filings in the docket, which depending on circumstances might include administrative motions, noticed motions, or stipulations and proposed orders. Requests for clarification of purely administrative matters (e.g., if a motion previously set for a hearing does not appear on the Court’s public calendar) may be directed to the Courtroom Deputy at [email protected], with opposing counsel cc’d. If in doubt, any such request may also be made through an appropriate filing on the docket. 7 In an emergency, such as an individual’s inability to make a scheduled appearance due to last-minute factors beyond their control, counsel or parties may attempt to contact the Courtroom Deputy at [email protected] or (415) 522-2043. The limitations provided in this section do not apply to cases referred to Judge Cisneros for settlement proceedings, which are addressed in a separate standing order. 8
=== 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
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