Judge Illman's Standing Order pdf, 117.18 KB; Standing Order For All Judges Of The Northern District Of California pdf, 86.54 KB

=== Judge Illman's Standing Order pdf, 117.18 KB ===

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA EUREKA DIVISION GENERAL STANDING ORDER OF JUDGE ROBERT M. ILLMAN (effective Sep. 19, 2022) 1. Compliance with Federal Rules, General Orders, Local Rules and Standing Orders: All parties shall consult and comply with all applicable Federal Rules, as well as the General Orders and Local Rules of the U.S. District Court for the Northern District of California, except as expressly modified herein. Failure to comply with any applicable rule or order may be deemed sufficient grounds for monetary sanctions, dismissal, entry of default judgment, or other appropriate sanctions. 2. Consent/Declination to Proceed Before a Magistrate Judge: In civil cases that are assigned to Judge Illman for all purposes, each party should file a consent to the assignment of a United States Magistrate Judge for all purposes, or a request for reassignment to a district judge, as soon as possible. If a party files a dispositive motion (such as a motion to dismiss or a motion for remand), the moving party must file the consent/declination simultaneously with the motion. The consent/declination form is available at https://www.cand.uscourts.gov/mj_consent- declination_form_10-2020/ 3. Location: Judge Illman primarily presides over matters at the courthouse at 3140 Boeing Avenue in McKinleyville, California, but regularly allows the parties to appear by video or teleconference for most hearings. Judge Illman also schedules certain matters in San Francisco at the convenience of the parties. 4. Discovery Disputes: All parties with a discovery dispute in a case pending before, or referred to, Judge Illman shall comply with the following: (a) In lieu of filing formal discovery motions, lead trial counsel for the parties shall meet and confer in a good faith effort to resolve the matter. Within five (5) business days of the meet and confer session, the parties shall file a detailed joint letter. It shall not exceed five (5) pages, excluding the cover page, without prior leave of court. This joint letter shall include a description of every issue in dispute, and a detailed summary of each party’s final position on each issue. The joint letter may not be accompanied by exhibits or affidavits other than exact copies of interrogatories, requests for production of documents and/or responses, privilege logs, and relevant deposition testimony. On receipt of the joint letter, the court will determine what further proceedings are necessary. (b) In the event that counsel are unable to meet and confer as directed above, or a moving party is unable to obtain the opposing party’s portion of a joint letter after the meet and confer session, the moving party shall file a written request for a telephonic conference for the purpose of enforcing the court’s meet and confer requirement, or for the court to fashion an alternative procedure. The written request shall include a declaration which explains any attempt to meet and confer and/or obtain the joint letter, as well as the reasons for the inability to comply with the standing order. The moving party may attach exhibits to the declaration, not to exceed seven (7) pages. (c) In emergencies during discovery events (e.g., depositions), the court is available pursuant to Civil L.R. 37-1(b). Any party seeking court intervention during a discovery event must contact Judge Illman’s Courtroom Deputy Clerk, Ms. Knudson, at 707-445-3612, or [email protected] prior to filing any documents. (d) Any party seeking an award of attorney fees or other expenses as sanctions in connection with a discovery dispute shall file a separate motion as required by Civil L.R. 37-3. (e) If a party wishes to file a document under seal, that party shall first file a written request for a sealing order setting forth the good cause and accompanied by a proposed order, as provided by Civil L.R. 79-5. 5. Civil Law and Motion: Judge Illman’s civil law and motion calendar generally takes place on Tuesdays at 11:00 a.m.. 6. Settlement Conferences: All parties appearing before Judge Illman for a settlement conference shall comply with Judge Illman’s Settlement Conference Standing Order, which is available at https://www.cand.uscourts.gov/judges/illman-robert-m-rmi/ 7. Chambers Copy and Proposed Orders: Chambers copies should not be submitted unless otherwise ordered by the court. Proposed orders should be emailed in MS Word format to [email protected]. This address is to be used only for proposed orders unless otherwise directed. 8. Pro Se Assistance: Parties representing themselves should consult the Representing Yourself page of the court’s website which can be found at https://www.cand.uscourts.gov/pro-se- litigants/ IT IS SO ORDERED. Dated: September 19, 2022 ROBERT M. ILLMAN United States Magistrate Judge 2

=== 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