Judge Hamilton's Criminal Standing Order pdf, 97.88 KB; Judge Hamilton's Patent Standing Order pdf, 117.88 KB; Judge Hamilton's Standing Order re: Discovery Disputes, Protective Orders, and ESI Orders pdf, 86.98 KB; Judge Hamilton's Standing Order re: Removal pdf, 46.80 KB; Standing Order For All Ju

=== Judge Hamilton's Criminal Standing Order pdf, 97.88 KB ===

Judge Phyllis J. Hamilton Courtroom 3, 3rd Floor Kelly Collins, Courtroom Deputy (510) 637-1296 STANDING ORDER Criminal Cases 1. CALENDAR Criminal matters are heard on Wednesdays -- in custody matters at 1:30 p.m. and out of custody matters at 2:30 p.m. If either party wishes to have a matter placed on the Court’s calendar and if the defendant is in custody, counsel must contact the courtroom deputy by 1:30 p.m., the day before the defendant is to be transported to court by the U.S. Marshal. 2. MOTIONS Except for hearing and briefing dates set by the court, the parties may stipulate to any briefing schedule they wish as long as all briefing is complete at least 7 days in advance of the hearing. In the absence of a stipulation, motions (except those pertaining to sentencing) shall be filed at least 21 days in advance of the hearing date. Opposition briefs shall be filed at least 14 days in advance of the hearing date. Reply briefs shall be filed at least 7 days in advance of the hearing date. Motions pertaining to sentencing and sentencing memoranda shall be filed at least 7 days before the date on which Judgment and Sentencing is scheduled. Responses or objections shall be filed at least 5 days before the date on which Judgment and Sentencing is scheduled. A courtesy copy of all briefs shall be submitted in accordance with Civil L.R. 5- 1(e). 3. CHANGE OF PLEA Judge Hamilton does not use an Application for Entry of Plea. However, counsel for the government shall deliver a copy of the Plea Agreement to chambers by 5:00 p.m., the day before the plea is to be entered. Should the plea not involve a Plea Agreement, counsel for the defendant shall notify the courtroom deputy of the entry of an open plea by 5:00 p.m., the day before the plea is to be entered. 4. CONFORMITY WITH LOCAL RULES RE: EVIDENTIARY SUBMISSIONS All motions and oppositions to motions shall comply with Crim. L.R. 47-2(b), which requires that motions “presenting issues of fact . . . be supported by affidavits or declarations which comply with the requirements of Civil L.R. 7-5.” Civil L.R. 7-5, in turn, requires that “[f]actual contentions made in support of or in opposition to any motion must be supported by an affidavit or declaration and by appropriate references to the record.” Moreover, other evidence in support of or in opposition to any motion “must be appropriately authenticated by an affidavit or declaration.” That rule further requires that affidavits and declarations contain factual contentions only, avoiding conclusions and legal argument, and “conform as much as possible to the requirements of FRCivP 56(e).” Revised 5-12-2021

=== Judge Hamilton's Patent Standing Order pdf, 117.88 KB ===

Judge Phyllis J. Hamilton Courtroom 3, 3rd Floor Kelly Collins, Courtroom Deputy (510) 637-1296 STANDING ORDER FOR PATENT CASES The following instructions shall apply to all patent cases assigned to Judge Phyllis Hamilton. Joint Claim Construction Statement 1. The joint claim construction statement required by Pat. L. R. 4-3 must be truly joint. Disputed terms, phrases, and clauses must be clearly designated as disputed. All other terms will be presumed undisputed. For any term in dispute, the parties must agree on what the term actually is. With regard to disputed terms, phrases, or clauses, the joint statement must list each disputed term, phrase, or clause (listed by claim); each party’s proposed construction; and support for each party’s proposed construction side by side. A model joint claim construction statement is attached to this order. 2. Parties must attach to the joint claim construction statement copies of all patents in dispute. Parties must also make a complete prosecution history for each patent available to the court upon request. Claim Construction 3. As an initial matter, the court will construe no more than ten terms. If more than ten terms are in dispute, the parties must meet and confer before the preparation of the joint claim construction statement on narrowing the selection of terms to be construed by the court and must jointly propose the ten terms requiring construction. 4. If a party genuinely believes that it will require that more than approximately ten terms be construed, that party may move pursuant to Civ. L. R. 7-11 for leave to designate additional terms for construction. The requesting party must demonstrate good cause and explain why other methods of limiting the claims at issue (such as selecting representative claims or grouping claims by issues presented) would be ineffective. The request must be filed no later than two weeks before the deadline for filing the joint claim construction statement. If good cause is shown, the court will either agree to construe all terms or, if necessary, schedule a second claim construction proceeding on the terms that exceed ten. If more than ten terms are submitted for construction without leave of court, the court will construe the first ten terms listed in the joint claim construction statement and sanctions may be imposed. 1 5. Claim construction briefs must address each disputed term, but only those that are truly disputed. The disputed terms must be addressed by both parties in the same order as they appear in the joint claim construction statement. Additionally, the parties shall advise the court terms disputed in the joint claim construction statement are no longer disputed in the briefs. And of course, the briefs may not address disputes that are not set forth in the joint claim construction statement. The court anticipates that a meaningful meet and confer preceding the preparation of the joint claim construction statement will obviate the need for a party to propose in its briefs a claim construction that differs from that proposed in the statement. While the court encourages the parties to negotiate mutually agreeable constructions, the court discourages the parties from proposing new constructions for the first time in reply briefs or other filings which do not afford the opposing party an opportunity to respond. However, if it becomes necessary for a party to propose a different construction in its brief than that found in the joint claim construction statement, that party must clearly set forth the new construction and explain the basis for the change. Additionally, that party shall revise the joint claim construction statement, so that the court will have one document reflecting all current proposed constructions. Tutorial and Claim Construction Hearing 6. The court will schedule a tutorial to occur two to four weeks prior to the claim construction hearing. Each side will be permitted 30-45 minutes to present a summary of the background of the technology involved, an explanation of the nature of the problem the inventor sought to solve, and reference to the prior art in existence at the time of conception. The patent holder will make the first presentation. Visual aids are encouraged. The court prefers that someone other than counsel make the presentation. No argument or examination will be permitted. The proceeding is not recorded and statements made during the tutorial may not be cited as judicial admissions against a party. 7. Prehearing conferences are not generally held. However, either party may request a telephone conference within two weeks prior to the hearing, or the parties may address any prehearing issues at the tutorial. 8. The patent holder will act as the moving party for the purposes of claim construction. Opening briefs in support of claim construction must be filed at least six weeks before the date of the claim construction hearing, and the briefing schedule set forth at Patent L. R. 4-5 will apply. 9. The court will not ordinarily hear extrinsic evidence at the claim construction hearing. Should it become apparent that testimony will be necessary, counsel may request a telephone conference with the court within two weeks of the hearing to seek the court’s approval. 10. Demonstrative exhibits and visual aids are permissible at the hearing as long as they are based on information contained in the papers already filed. Counsel shall exchange copies of exhibits no later than forty eight hours prior to the hearing. 2 11. The claim construction hearing will generally be scheduled for no longer than 3 hours on Wednesday’s law and motion calendar. However, the court will specially set the hearing on a different day and for a longer period of time if warranted. Counsel should request a telephone conference with the court as soon as it is apparent that a special setting is necessary. Subsequent Case Management Conference 12. Upon issuance of the claim construction ruling, the court will also set a date for a further case management conference. In the case management statement to be filed 7 calendar days prior to the conference, the parties must address the following topics: anticipated post-claim construction discovery; the filing of dispositive motions; if willful infringement has been asserted, whether the allegedly- a) b) c) infringing party wishes to rely on the advice of counsel defense. If so, the parties should be prepared to address proposals for resolving any attorney-client privilege issues that arise, and whether the parties believe bifurcation of the trial into liability and damages phases would be appropriate; d) e) the progress of settlement discussions, if any; any other pretrial matters. 3 Claim Language (Disputed Terms in Bold) ‘xxx Patent 1. A method for counting ducks, comprising the steps of: [or] ducks Found in claim numbers: ‘xxx Patent: y, z ‘yyy Patent: a, b Sample Claim Construction Statement Plaintiff’s Proposed Construction and Evidence in Support Defendant’s Proposed Construction and Evidence in Support duck duck PROPOSED CONSTRUCTION: a bird that quacks. PROPOSED CONSTRUCTION: a bird that swims DICTIONARY/TREATISE DEFINITIONS: Webster’s Dictionary (“duck: bird that quacks”); Field Guide (“bird call: quack”); INTRINSIC EVIDENCE: ‘xxx Patent col. _:__ (“distinctive honking”); Prosecution History at __ (“This patent is distinguished from the prior art in that the quacking of the bird is featured”). EXTRINSIC EVIDENCE: McDonald Depo. at xx:xx (“I’d say the quacking makes it a duck”); ‘123 Patent at col _:__; Donald Decl. at ¶ __ . DICTIONARY/TREATISE DEFINITIONS: Random House Dictionary (“an aquatic bird”); Field Guide (same) INTRINSIC EVIDENCE: ‘xxx Patent col _:__ (“ducks may be found on or near bodies of water”); Prosecution History at __ (“water fowl are particularly amenable to being counted by this method”). EXTRINSIC EVIDENCE: G. Marx Depo at xx:xx (“like a duck to water”); ‘456 Patent at col _:__; Daffy Decl. at ¶ __. (Or any other substantively similar format that permits the court to compare terms side by side) NOT: Claim Language (Disputed Terms in Bold) Plaintiff’s Proposed Construction and Evidence in Support Defendant’s Proposed Construction and Evidence in Support ‘xxx Patent 1. A method for counting ducks . . . duck counting ducks 4

=== Judge Hamilton's Standing Order re: Discovery Disputes, Protective Orders, and ESI Orders pdf, 86.98 KB ===

Judge Phyllis J. Hamilton Courtroom 3, 3rd Floor Kelly Collins, Courtroom Deputy (510) 637-1296 STANDING ORDER REGARDING DISCOVERY DISPUTES, PROTECTIVE ORDERS, AND ESI ORDERS Discovery Disputes 1. If meeting and conferring by email, letter, or phone call proves unsuccessful in resolving a discovery dispute, the parties must confer face-to-face by videoconference before seeking relief from the court. Any party refusing to participate in the videoconference will do so at the risk of sanctions. If the dispute is not resolved, then, within ten business days of the videoconference, the parties must file a Joint Letter with the court. The Joint Letter may not exceed five pages. The Joint Letter must include a description of every issue in dispute and, with respect to each such issue, a detailed summary of each party’s final substantive position and its respective proposed resolution on each issue. On receipt of the Joint Letter, the court will determine what, if any, future proceedings are necessary. The procedures in this order apply to disputes among the parties to this action as well as disputes between parties and non-parties served with subpoenas. Proposed Protective Orders 2. The court will not approve a broad protective order that essentially gives each party carte blanche to decide which portions of the record will be sealed and, therefore, not made part of the public record. See Civ. L.R. 79-5; Citizens First Nat'l Bank v. Cincinnati Ins. Co., 178 F.3d 943 (7th Cir. 1999). Fed. R. Civ. P. 26(c) as well as the local rules require the court to determine whether good cause exists to seal any portion of the record. Therefore, all proposed protective orders submitted for court approval which contain provisions for filing documents under seal, must also provide a procedure for obtaining the sealing order that complies with Civ. L.R. 79-5. Redline Comparisons 3. This district maintains a model stipulated protective order and a model order regarding the discovery of electronically stored information (“ESI”).1 When filing a proposed stipulated protective order or ESI order, the parties must also file a redline comparison of their proposed order against its respective model order. 1 https://www.cand.uscourts.gov/forms/model-protective-orders/ https://cand.uscourts.gov/forms/e-discovery-esi-guidelines/ The subject redline must clearly show all tracked changes from the model order. Additionally, as required for all proposed orders, the parties must also send a Microsoft Word version of their order to [email protected]. Use of Confidential Documents at Trial 4. Any document will lose its confidential status if offered as an exhibit at trial, absent a showing of the “most compelling” reasons. See Manual for Complex Litigation § 21.432; Foltz v. State Farm Mut. Auto. Ins. Co., 331 F.3d 1122, 1135- 36 (9th Cir. 2003). This rule applies despite any provision of a protective order to the contrary or any prior confidentiality designation assigned to such a document. Any party believing that a document, portions thereof, or witness testimony should remain confidential during trial must request in advance of trial that the court take extraordinary measures to protect the confidentiality of that information. The request must be made in writing and filed no later than the date on which pretrial papers are due. Rev. 10-04-2021

=== Judge Hamilton's Standing Order re: Removal pdf, 46.80 KB ===

Judge Phyllis J. Hamilton Courtroom 3, 3rd Floor Kelly Collins, Courtroom Deputy (510) 637-1296 STANDING ORDER RE REMOVED CASES The following instructions shall apply to all removed cases assigned to Judge Phyllis Hamilton. Upon removal of this action, the removing defendant or defendants shall, within ten (10) days of the date of removal, file and serve a submission providing the following information: 1. 2. 3. 4. Whether all defendants served at the time of removal joined in the notice of removal. Whether the notice of removal was dated more than thirty (30) days after the first defendant was served. If the action has been removed on the grounds of diversity jurisdiction, whether any defendant served at the time of removal is a citizen of California. If the action has been removed on the grounds of diversity jurisdiction, the citizenship of all named plaintiffs and all named defendants (including the citizenship of all members or partners in any non-corporate party). If plaintiff wishes to respond to defendant’s submission, such response, if any, shall be filed and served within ten (10) days of defendant’s submission. Any motion to remand the action to state court based on any defect other than lack of subject matter jurisdiction shall be filed within thirty (30) days after removal. See 28 U.S.C. § 1447(c). Rev. 3-9-2015

=== 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