Judge Illston's Initial Case Management Guideline & Clerk's Notice pdf, 77.37 KB; Judge Illston's Standing Order pdf, 165.76 KB; Standing Order For All Judges Of The Northern District Of California pdf, 86.54 KB

=== Judge Illston's Initial Case Management Guideline & Clerk's Notice pdf, 77.37 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 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA Plaintiffs, Case No. << Case Number >> (SI) v. Defendants. INITIAL CASE MANAGEMENT GUIDELINE AND CLERK'S NOTICE ON REASSIGNMENT IT IS HEREBY ORDERED that, pursuant to Rule 16(b), Federal Rules of Civil Procedure, and Civil L.R. 16-10, a Case Management Conference will be held in this case before the Honorable Susan Illston on _______________ at 2:30 p.m. by “Public Hearing” Zoom webinar: https://www.cand.uscourts.gov/judges/illston-susan-si/. Counsel wishing to appear on the record will register for Zoom appearances by _______________ at 2 pm by emailing [email protected] with the case name, case number, name of attorney, party they represent and date of hearing. Plaintiff(s) shall serve copies of this Order at once on all parties to this action, and on any parties subsequently joined, in accordance with the provisions of Fed. R. Civ. P. 4 and 5. Following service, plaintiff(s) shall file a certificate of service with the Clerk of this Court. Counsel are directed to confer in advance of the Case Management Conference. Not less than seven days before the conference, counsel shall file a joint case management statement in compliance with the Civil Local Rules and the Standing Order for All Judges of the Northern District of California. Failure to file a joint statement shall be accompanied by a signed declaration setting forth the grounds for such failure. Failure to show good cause for such failure may subject the parties to sanctions. Each party shall be represented at the Case Management Conference by counsel prepared 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 to address all of the matters referred to in this Order, and with authority to enter stipulations and make admissions pursuant to this Order. The parties are encouraged to attend. Any request to reschedule the above dates should be made in writing, and by stipulation, if possible, not less than ten days before the conference date. Good cause must be shown. At the case management conference the parties should be prepared to address and resolve the following: setting the date and the estimated length of the trial; setting the date for discovery cutoff; setting the date to designate experts and other witnesses; and setting the date for the pretrial conference. Standing Orders: All parties shall comply with the Standing Order for All Judges of the Northern District of California concerning the contents of the joint case management conference statement and Judge Illston’s Standing Order. Standing Orders can be found at: https://cand.uscourts.gov/judges/illston-susan-si/. Failure to comply with this Order or the Local Rules of this Court may result in sanctions. See Fed. R. Civ. P. 16(f), Civil L.R. 1-4. Paper Courtesy Copies: All parties in civil cases are directed to provide paper courtesy copies of case management statements, the briefing on motions, and pretrial conference filings in the manner and at the time specified in Judge Illston’s Standing Order. See Judge Illston’s Standing Order for further instructions. NOTICE TO PRO SE LITIGANTS IN NON-PRISONER ACTIONS: If you are proceeding in this lawsuit without an attorney, and have not been granted leave to proceed in forma pauperis, then the following directives apply to you in the prosecution of your case. The court hereby ORDERS you to comply with the service requirements of Rule 4 of the Federal Rules of Civil Procedure as set forth below. Failure to follow the procedures set forth in this order may result, under Rule 4 (m), in dismissal of your case. It is your responsibility to obtain a valid summons from the clerk and to effect service of 2 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 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 the summons and complaint on all defendants in accordance with Rule 4 of the Federal Rules of Civil Procedure. If you have named the United States government, a federal agency, a federal official or a federal employee as a defendant, you must comply with the special requirements of Rule 4 (i). Service may be effected by any person who is not a party and who is at least 18 years of age, which means that you, as a party, may not effect service. If service of the summons and complaint is not made upon a defendant within 90 days after the filing of the complaint, your action will, under Rule 4 (m), be dismissed as to that defendant. Within 95 days after the filing of the complaint, you must file proof of service indicating which defendants were served within the 90 days allowed under Rule 4 (m) and showing, in accordance with Rule 4 (i), how each of those defendants was served (for example, by attaching appropriate certificates of service). You must also show cause why a defendant not served within the 90 days allowed under Rule 4 (m) should not be dismissed without prejudice. Failure to do these things within the designated time will result in the dismissal of your case under Rule 4 (m) and Rule 41 (b). For additional information on procedures for litigating in Federal Court, pro se litigants are encouraged to contact the Court’s Legal Help Center (415) 782-8982 or sign up for an appointment with the Center at 450 Golden Gate Avenue, 15th Floor, Room 2796, San Francisco, CA 94102. Dated: Mark B. Busby Clerk, United States District Court By: ________________________ Esther Chung, Deputy Clerk to the Honorable SUSAN ILLSTON (415) 522-2028 3

=== Judge Illston's Standing Order pdf, 165.76 KB ===

Rev. (09/25) JUDGE ILLSTON’S STANDING ORDER 1. Scheduling Days: Civil Law and Motion Calendar is conducted on Fridays at 10:00 a.m. Criminal Law and Motion Calendar is conducted on Fridays at 11:00 a.m. Civil Case Management Conferences are generally conducted on Fridays at 2:30 p.m., with the order of call determined by the Court. Initial and further CMCs will take place over Zoom. A clerk’s notice will be issued with the login and registration information within a week of the CMC. Parties shall consult the Court calendar several days prior to the CMC, as the Court may move the CMC calendar to earlier in the day on Friday if scheduling allows. Pretrial Conferences are generally conducted on Tuesday afternoons at 3:30 p.m. Counsel need not reserve motion hearing dates but may call the Courtroom Deputy to obtain the next available law and motion calendar. Motions may be reset as the Court’s calendar requires. All parties are directed to comply with the Civil Local Rules except as identified in this Order. Parties MUST NOT set hearing dates on days where the Court has indicated dates are closed for further settings. Before setting a hearing, parties MUST check the Court’s scheduling notes where dates closed for further settings are listed. (https://apps.cand.uscourts.gov/CEO/cfd.aspx?7133#Notes) 2. Sentencing Memorandum and/or Request to Continue Sentencing: Counsel must comply with Crim. L.R. 32-5 (b) and (c). The sentencing memorandum must be filed no later than 7 days prior to the date set for sentencing and any response must be filed no later than 3 days prior to the date set for sentencing. In the event counsel determines that no sentencing memorandum is necessary, a notice indicating such must be filed no later than 7 days prior to the date set for sentencing. Any request to continue a date set for sentencing must be filed no later than 7 days prior to the scheduled date. 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 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 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 3. Discovery Disputes: The parties shall meet and confer in person, or, if counsel are located outside the Bay Area, by telephone or videoconference, to attempt to resolve their dispute informally. A mere exchange of letters, e-mails, voicemails, text messages, etc. does not satisfy the requirement to meet and confer. If, after a good faith effort, the parties have not resolved their dispute, they shall prepare a concise joint statement of 5 pages or less, stating the nature and status of their dispute. Absent an order of this Court, parties shall not file affidavits or exhibits, other than copies of the written requests for discovery and the answers or objections thereto. If a joint statement is not possible, each side may submit a brief individual statement of 2 pages or less. The first paragraph of the joint statement or individual statement must describe the parties’ meet and confer efforts, including when the parties met and conferred and by what means (i.e., in person, by videoconference, by phone). The joint statement or individual statements shall be filed or e-filed, if in an e-filing case, and courtesy copies submitted as provided in this Standing Order. The Court will advise the parties regarding the need, if any, for more formal briefing or a hearing, pursuant to Civil Local Rule 7-1(b). 4. Paper Courtesy Copies: This requirement does not apply to self-represented litigants. If you are representing yourself, you do not need to mail paper courtesy copies to the Court. Notwithstanding Civil Local Rule 5-1(d)(7), one set of paper courtesy copies (“chambers copies”) is required for any filing exceeding ten pages in length. This includes—but is not limited to— copies of complaints, briefing on motions (civil or criminal), sentencing documents (criminal), and case management statements (civil). For pretrial conference filings, two sets of paper courtesy copies are required, regardless of page length. Courtesy copies must be unstapled and three-hole punched at the left margin (not in binders). All courtesy copies must bear the ECF stamp (case number, document number, date and page number) on the top of each page. Courtesy copies shall be delivered to the Clerk’s Office no later than noon 2 days after filing of the document. (E.g., courtesy copies due at noon on Tuesday for 2 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 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 papers filed the Friday prior.) For motions to seal, the parties shall refer to the specific instructions regarding courtesy copies contained in Section 9(c) of Judge Illston’s Standing Order. Please direct any questions regarding courtesy copies to [email protected]. 5. Summary Judgment Motions: Parties are limited to filing one motion for summary judgment. Any party wishing to exceed this limit must request leave of Court. 6. Courtroom Technology Information: All parties are instructed to review the information regarding the use of courtroom technology and electronic evidence presentation (EEPS) which is provided on the Court’s web site at http://cand.uscourts.gov/courtroomtech, and to prepare accordingly. Questions and/or requests to pre-test equipment should be sent to the Courtroom Deputy. 7. Requests to Appear Telephonically: Telephonic Appearances for court hearings are permitted without the need of filing a formal request or motion. Counsel shall contact the Courtroom Deputy at [email protected] or (415) 522-2028 to obtain further instructions. 8. Skills Development: The Court welcomes and encourages oral argument by less-experienced attorneys on any matters argued before the Court. 9. Filing Documents Under Seal in Civil Cases: Motions to seal shall be filed in accordance with Civil Local Rule 79-5. Failure to follow the local rules may result in summary denial of the motion. (See following page for further instructions.) 3 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 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 a. Designating Information as Confidential: Before designating any specific information “Confidential” or “Confidential-Attorneys’ Eyes Only,” the designating party’s counsel shall make a good faith determination that the information warrants protection under Rule 26(c) of the Federal Rules of Civil Procedure. The burden of establishing confidentiality shall be on the designating party. Before seeking to file under seal a document or portion of a document that another party has designated as “Confidential” or “Confidential-Attorneys’ Eyes Only,” counsel shall review the document. If in counsel’s good faith judgment portions or all of the document have been unnecessarily designated as confidential or no longer require confidential treatment, counsel shall meet and confer with counsel for the designating party to attempt to resolve the issue. b. Declarations in Support: The declaration in support of sealing or in support of redaction must make a specific showing explaining why the document or excerpt sought to be sealed may justifiably be sealed, rather than making a blanket statement about the grounds for sealing or redaction. The declaration must state whether the “compelling reasons” or “good cause” standard applies and why. See Ctr. for Auto Safety v. Chrysler Grp., LLC, 809 F.3d 1092, 1099, 1101 (9th Cir. 2016). c. Courtesy Copies: For documents submitted in connection with administrative motions to seal, parties shall provide courtesy copies of the unredacted documents with proposed redacted material highlighted, as required by Civil Local Rule 79-5(d)(2). Do not submit courtesy copies of the redacted versions of documents sought to be sealed. To the extent that filings include both sealed and non-sealed materials, courtesy copies should include all material, including the unredacted version of proposed sealed material integrated with the non-sealed material. For instance, a courtesy copy of a declaration in which the parties sought to seal Exhibit 2 would contain: the declaration; Exhibit 1; unredacted version of Exhibit 2 with proposed redacted material highlighted; Exhibit 3; etc. 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 d. Proposed Orders: Proposed Orders on administrative motions to seal must conform to the following format: Document or Portion of Document Sought to Be Sealed Motion at page 2, Lines 10 – 11 Motion at page 5, Lines 4-7 Evidence Offered in Support of Sealing Order Jones Declaration ¶ 1 Jones Declaration ¶ 2 When a designating party files a declaration in support of another party’s motion to seal, and the designating party narrows the submitting party’s original sealing request, the designating party shall submit a new proposed order consistent with the narrowed request. 10. Class Actions: Parties MUST comply with the Northern District’s Guidelines for Procedural Guidance for Class Action Settlements. IT IS SO ORDERED. Dated: September 23, 2025 SUSAN ILLSTON 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