Judge Cousins' Civil Standing Order pdf, 74.44 KB; Judge Cousins' Settlement Conference Standing Order pdf, 86.47 KB; Standing Order For All Judges Of The Northern District Of California pdf, 86.54 KB

=== Judge Cousins' Civil Standing Order pdf, 74.44 KB ===

CIVIL STANDING ORDER: CHIEF MAGISTRATE JUDGE NATHANAEL M. COUSINS LOCATION All matters will be heard in Courtroom 5, 4th Floor, San Jose Federal Courthouse. SCHEDULING Case Management Conferences,10:00 a.m. each Wednesday, held via Zoom Webinar https://cand.uscourts.gov/judges/cousins-nathanael-nc/ Civil hearings, 11:00 a.m. each Wednesday in person. Criminal hearings, 11:30 a.m. each Wednesday in person, except during duty months. Criminal duty calendar is held weekdays at 1:00 p.m. Pretrial Conferences, 11:30 a.m. each Wednesday in person. Settlement Conferences are held at 9:30 a.m. on Tuesday, Thursday, and Friday, in person. Requests for conference participation by Zoom or telephone must be made within 7 days after a settlement conference referral. Parties are not required to reserve a hearing date but should confirm the Court’s availability at http://www.cand.uscourts.gov. For questions regarding scheduling, please contact courtroom deputy Lili Harrell at 408.535.5343 or [email protected]. CONSENT TO MAGISTRATE JUDGE JURISDICTION In civil cases, each party must file written consent to the jurisdiction of a magistrate judge or a written request for reassignment to a district judge as soon as possible but no later than the deadlines specified in Civil Local Rule 73-1(a). PROPOSED ORDERS In addition to e-filing, the parties must email a copy of all stipulations and proposed orders in Word format to [email protected] on the same day they e-file these documents. DISCOVERY For all discovery disputes, the parties must meet and confer to attempt to resolve their dispute. The meet and confer must be a direct conversation in person or by telephone or video. A mere exchange of letters, emails, or messages does not satisfy the requirement to meet and confer. If the parties are unable to reach a resolution, they must file a joint statement of five pages or less that: (1) describes each unresolved issue; and (2) states each party’s final proposed compromise with respect to each unresolved issue. The parties may not attach declarations, exhibits, or proposed orders to the statement absent leave of Court. In the rare event that the parties are unable to file a joint statement, each party may file a statement of two pages or less. The statement(s) must be filed in ECF under the Civil Events category of Motions and Related Filings > Motions: General > Discovery Letter Brief. Upon review of the statement(s), the Court will advise the parties regarding the need for more briefing and a hearing. IT IS SO ORDERED. February 4, 2026 ______________________________ Nathanael M. Cousins Chief United States Magistrate Judge

=== Judge Cousins' Settlement Conference Standing Order pdf, 86.47 KB ===

SETTLEMENT CONFERENCE STANDING ORDER MAGISTRATE JUDGE NATHANAEL M. COUSINS SCHEDULING To coordinate scheduling, please contact courtroom deputy Lili Harrell at [email protected] or 408.535.5343. Settlement conferences typically are held on Tuesday, Thursday, and Friday at 9:30 a.m. Requests for conference participation by Zoom or telephone must be made within 7 days after a settlement conference referral. A party seeking to continue a settlement conference must file a request in ECF as soon as possible after meeting and conferring with opposing counsel. The request must demonstrate a compelling reason for the continuance and state whether the opposing parties object to the continuance. Any party that objects to the continuance must file an opposition in ECF within two days of the filing date of the request. Contact courtroom deputy Lili Harrell immediately if the case settles before the settlement conference. PERSONS REQUIRED TO ATTEND SETTLEMENT CONFERENCE All parties and their counsel are required to attend the settlement conference in person, not by telephone. Non-natural persons must be represented by a person with unlimited authority to negotiate a settlement. An insured party must appear with a representative of the carrier with full authority to negotiate up to the limits of coverage. A person who must call another person not present at the conference before agreeing to a settlement does not have unlimited authority. SETTLEMENT CONFERENCE STATEMENT No later than seven days prior to the conference, each party must submit a settlement conference statement via email in PDF format to [email protected]. Each party must also serve its statement on opposing counsel. The statement must not be filed in ECF. The statement must include: (a) (b) (c) (d) the identity of the attorney(s) and clients attending the settlement conference; a brief statement of the facts of the case; a brief statement of the claims and defenses raised, including statutory or other grounds upon which the claims are founded; a candid evaluation of the parties’ likelihood of prevailing on the claims and defenses; (e) (f) (g) (h) (i) a description of the major issues in dispute and any discrete issue that, if resolved, would facilitate the resolution of the case; a summary of the proceedings to date; a listing of all pending motions; the relief sought; the party’s position on settlement, including present demands, offers, and a history of past settlement discussions. No further materials should be submitted to the Court unless requested. IT IS SO ORDERED. Updated: June 20, 2023 _____________________________ Nathanael M. Cousins U.S. Magistrate Judge

=== 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