Judge Orrick's Case Management Conference Order pdf, 82.94 KB; Judge Orrick's Civil Standing Order pdf, 155.09 KB; Judge Orrick's Standing Order For Criminal Cases pdf, 24.08 KB; Judge Orrick's Standing Order on Administrative Motions to Seal pdf, 119.30 KB; Standing Order For All Judges Of The Nort

=== Judge Orrick's Case Management Conference Order pdf, 82.94 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 Plaintiff, Case No. v. Defendants. CASE MANAGEMENT CONFERENCE ORDER IT IS HEREBY ORDERED that, pursuant to Fed.R.Civ.P. 16(b) and Civil L. R. 16-10, a Case Management Conference will be held in this case before the Honorable William H. Orrick on <<DATE>> at <<TIME>> via Zoom Webinar. This conference shall be attended by lead trial counsel for parties who are represented. Parties who are proceeding without counsel must appear personally. 1. Case Management Conference Requirements a. Plaintiffs 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, plaintiffs shall file a certificate of service with the Clerk of this Court. b. 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 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 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. c. Each party shall be represented at the Case Management Conference by counsel with authority to commit to determinations on all matters referred to in the aforementioned Standing Order, Civil Local Rules, and Joint Case Management Statement. d. Any request to reschedule the above date should be made in writing, and by stipulation, if possible, not less than ten days before the conference date. Good cause must be shown. e. At the initial Case Management Conference, the parties should be prepared to set the dates for trial, pretrial conference, last day for hearing dispositive motions, cutoffs for expert and fact discovery, and the designation of experts. The parties should also be ready to discuss ADR. 2. Notice to Unrepresented (Pro Se) Parties in Non-Prisoner Cases a. Parties representing themselves should visit the link titled “If You Don’t Have a Lawyer” on the Court’s homepage, www.cand.uscourts.gov. The link discusses the Court’s “Legal Help Center” for unrepresented parties. In San Francisco, the Legal Help Center is located on the 15th Floor, Room 2796, of the courthouse at 450 Golden Gate Avenue. In Oakland, the Legal Help Center is located on the 4th Floor, Room 470S, of the courthouse at 1301 Clay Street. To make an appointment for San Francisco or Oakland, call 415-782-8982. b. If you are representing yourself and you have not been granted leave to proceed in forma pauperis (IFP) by the Court, you must comply with the service requirements 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 Rule 4 of the Federal Rules of Civil Procedure, as set forth below. Failure to follow the procedures may result, under Rule 4(m), in dismissal of your case: (i) It is your responsibility to obtain a valid summons from the clerk and to effect service of 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). (ii) Service may be affected 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 affect 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. (iii) 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. (iv) 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). Dated: May 25, 2023 ______________________________________ WILLIAM H. ORRICK United States District Judge 3

=== Judge Orrick's Civil Standing Order pdf, 155.09 KB ===

(Effective 5/2023) JUDGE ORRICK’S STANDING ORDER FOR CIVIL CASES 1. Conformity to Rules Parties shall follow the Federal Rules of Civil Procedure, the Civil Local Rules, and the General Orders of the Northern District of California, except as superseded by this Court’s Standing Orders. 2. Communication with the Court Unless otherwise authorized, parties shall not attempt to make ex parte contact with the Judge or his Chambers staff by telephone, facsimile, letter, or any other means but may contact Judge Orrick’s Courtroom Deputy, Jean Davis, at [email protected] or 415-522-2077 with appropriate inquiries. 3. Weekly Calendars and Scheduling Civil Law and Motion is generally conducted on Wednesdays at 2:00 p.m. Unless a request is made for an in-person argument that is granted by Judge Orrick, all civil law and motion hearings will be conducted by Zoom videoconference. Prior to the hearing date, the Courtroom Deputy will publish a notice on the case docket explaining how the hearing will be conducted and providing access information for counsel and for members of the public and press. Hearings may be vacated and determined on the papers. Counsel need not reserve motion hearing dates but should check Judge Orrick’s calendar (at www.cand.uscourts.gov under “Calendar” and “Judges’ Weekly Calendars”) to determine the next available law and motion calendar date. Motions may be reset as the Court’s calendar requires. The order of call on each calendar will be determined by Judge Orrick. See Judge Orrick’s Scheduling Notes for any updated information. When appearing by Zoom, counsel should be attired as they would if they were in the courtroom. Civil Case Management Conferences are generally conducted on Tuesdays at 2:00 p.m. Unless specially set, all Initial and Further Case Management Conferences will be conducted by Zoom videoconference. When appearing by Zoom, counsel should be attired as they would if they were in the courtroom. Case Management Statements must be filed one week prior to the Case Management Conference. Prior to the Case Management Conference, the Courtroom Deputy will publish a notice on the case docket explaining how the Conference will be conducted and providing access information for counsel and for members of the public and press. After reviewing the parties’ Case Management Statement, Judge Orrick may vacate the Conference and issue a Case Management Order based on the parties’ Statement. See Judge Orrick’s Scheduling Notes for any updated information. At the initial conference, the parties should be prepared to set the dates for trial, pretrial conference, last day for hearing dispositive motions, cutoffs for expert and fact discovery, and the designation of experts. The parties should also be ready to discuss ADR. Pretrial Conferences are generally conducted in person on Mondays at 2:00 p.m. in Courtroom 2 on the 17th floor. See Judge Orrick’s Standing Pretrial Conference Order. (Effective 5/2023) Notice Prohibiting Recording of all Telephone or Videoconferences. Persons granted remote access to court proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings (including those held by telephone or videoconference). See General Order 58 at Paragraph III. Any recording of a court proceeding held by video or teleconference, including “screen-shots” or other visual copying of a hearing, is absolutely prohibited. Violation of these prohibitions may result in sanctions, including removal of court-issued media credentials, restricted entry to future hearings, or any other sanctions deemed necessary by the court. Please see https://www.cand.uscourts.gov/zoom/ for information on preparing for and participating in a Zoom Meeting or Webinar. Counsel are instructed to familiarize themselves with and practice Zoom functions, and to test their internet, video, and audio capabilities prior to the hearing. 4. Discovery Disputes In the event of a discovery dispute, lead trial counsel for the parties shall meet and confer in person or by videoconference to attempt to resolve their dispute informally. A mere exchange of letters, e-mails, telephone calls, or facsimile transmissions 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 five pages or less, stating the nature and status of all pending disputes and certifying that they have met the meet-and-confer requirement. 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 two pages or less. In addition to the certification of compliance with the meet-and-confer requirement, the individual statement shall include an explanation of why a joint statement was not possible. The joint statement or individual statements shall be e-filed in the Civil Events category of Motions and Related Filings > Motions-General > Discovery Letter Brief. The Court will advise the parties of the need, if any, for more formal briefing or a hearing, pursuant to Civil Local Rule 7-1(b). The Court may also elect to refer the matter to a magistrate judge or special master. If a magistrate judge is assigned to a case for discovery, that judge shall handle any future discovery disputes in that case and the parties shall comply with the procedures set by that judge for discovery. 5. Stipulated Protective Orders and Orders Re: Discovery of ESI Parties who seek a protective order or order re: discovery of ESI shall use one of the model stipulated orders available at https://cand.uscourts.gov/model-protective-orders or https://cand.uscourts.gov/eDiscoveryGuidelines, unless good cause exists to depart from the model order. Parties who submit a stipulated proposed order that differs from the model order shall also submit a declaration justifying the departure from the model order, along with a redline version comparing the proposed order with the model order. 6. Courtesy Copies No courtesy copies shall be provided, except: (1) courtesy copies of electronic media manually filed shall be provided to chambers; and (2) if the exhibits submitted in support of motions for temporary restraining orders, preliminary injunctions, or summary judgment exceed 100 pages, courtesy copies shall be provided in binders with tabs separating each exhibit. (Effective 5/2023) 7. 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. 8. Class Action Settlements Counsel are reminded to review and comply with the Northern District’s Procedural Guidance for Class Action Settlements available on the Court’s website at www.cand.uscourts.gov/ClassActionSettlementGuidance. 9. Service of Standing Order Plaintiff (or in the case of removed cases, any removing defendant) is directed to serve copies of all Judge Orrick Standing Orders at once upon all parties to the action, and upon those subsequently joined, in accordance with the provisions of Federal Rules of Civil Procedure 4 and 5 and to file with the Clerk of Court a certificate reflecting such service, in accordance with Civil Local Rule 5-5(a). 10. Unrepresented (Pro Se) Parties Parties representing themselves should visit the link titled “If You Don’t Have a Lawyer” on the Court’s homepage, www.cand.uscourts.gov. The link discusses the Court’s “Legal Help Center” for unrepresented parties. The Legal Help Center can be reached at 415-782-8982. In San Francisco, the Legal Help Center is located on the 15th Floor, Room 2796, of the courthouse at 450 Golden Gate Avenue. In Oakland, the Legal Help Center is located on the 4th Floor, Room 470S, of the courthouse at 1301 Clay Street. 11. Pronouns/Titles Parties and attorneys may indicate their pronouns and titles (e.g., Mr., Ms., Mx.) by including them in the name block or signature line of their pleadings, or by submitting a letter directed to chambers. IT IS SO ORDERED. Dated: May 25, 2023 William H. Orrick United States District Judge

=== Judge Orrick's Standing Order For Criminal Cases pdf, 24.08 KB ===

(Effective 6/2013) JUDGE ORRICK'S STANDING ORDER FOR CRIMINAL CASES 1. Conformity to Rules Parties shall follow the Federal Rules of Criminal Procedure, the Criminal Local Rules, and the General Orders of the Northern District of California, except as superseded by this Court's Standing Orders. 2. Communication with the Court Unless otherwise authorized, parties shall not attempt to make ex parte contact with the Judge or his chambers staff by telephone, facsimile, letter or any other means but may contact his Courtroom Deputy Jean Davis at 415-522-2077 or [email protected] with appropriate inquiries. 3. Scheduling Criminal Law and Motion Calendar is conducted on Thursdays at 1:30 p.m. Pretrial Conferences are generally conducted on Mondays at 2:00 p.m. 4. Motions All motions shall comply with Crim. L.R. 47-2. Before filing any motion, counsel for defendant and for the government shall confer concerning any matter covered by Crim. L.R. 17.1-1(b) relevant to the case, in particular, subparagraphs (1) - (3). The party filing any motion or other paper in this case shall show on the first page beneath the file number which, if any, of the exclusions under 18 U.S.C. § 3161 may be applicable to the action sought or opposed by the motion or other paper, and his or her calculation of the amount of excludable time to the hearing date. The party filing an opposition or other paper shall also show on the first page beneath the file number which, if any, of the exclusions under 18 U.S.C. § 3161 may be applicable to the action sought or opposed by the motion or other paper, and his or her calculation of the amount of excludable time to the hearing date. Crim. L.R. 47-2 (c). 5. Courtesy Copies All courtesy copies must be three-hole punched at the left margin. All courtesy copies of e-filed documents must bear the ECF stamp (case number, document number, date and page number) on the top of each page. IT IS SO ORDERED. ________________________ William H. Orrick United States District Judge

=== Judge Orrick's Standing Order on Administrative Motions to Seal pdf, 119.30 KB ===

(Effective 9/2022) JUDGE ORRICK’S STANDING ORDER ON ADMINISTRATIVE MOTIONS TO FILE UNDER SEAL Any party seeking to file material under seal must comply with this Order and Civil Local Rule 79-5. The party that has designated material as confidential (“Designating Party”) also must file a declaration in support of sealing that rebuts the strong presumption in favor of public access that applies to all documents other than grand jury transcripts and pre-indictment warrant materials. See Kamakana v. City & Cnty. of Honolulu, 447 F.3d 1172, 1178 (9th Cir. 2006). A. Administrative Motions to File Under Seal Administrative motions to file materials under seal must contain the following information, presented in the following sequence: 1. A statement certifying that the filing party has reviewed and complied with this Order. 2. A statement certifying that the filing party has reviewed and complied with Civil Local Rule 79-5. 3. An identification of each document, documents, or portions of documents proposed to be sealed or redacted. 4. A statement identifying the entity that has designated the materials to be sealed as confidential. If a party seeks to seal numerous documents, the party shall provide a chart identifying the entity that designated each document as confidential. 5. A statement identifying the basis for sealing each document or portion of a document. If a party seeks to seal numerous documents, the party shall provide a chart identifying the basis for sealing each document or portion of a document. If the portions of documents sought to be sealed are voluminous, the Court will consider a single statement covering multiple documents if the basis for sealing those materials is the same. 6. All other materials required by the Local Rule. See CIVIL L.R. 79-5(c). B. Justification for Filing Under Seal The Designating Party must establish that the following requirements are met: 1. 2. The document or document portion sought to be sealed is privileged, protectable as a trade secret or otherwise entitled to protection under the law. Supporting declarations or statements must “‘articulate [ ] reasons supported by specific factual findings’” to warrant sealing. Kamakana, 447 F.3d at 1178. Note that “[r]eference to a stipulation or protective order that allows a party to designate certain documents as confidential is not sufficient to establish that a document, or portions thereof, are sealable.” CIVIL L.R. 79- 5(c). Conclusory assertions of harm are insufficient. The “strong presumption of access to judicial records” is rebutted under the appropriate legal standard, i.e., the “good cause” or “compelling reasons” standard. The standard that applies depends on whether the underlying motion at issue “is more than tangentially related to the merits of a case.” Ctr. for Auto Safety v. Chrysler Group, LLC, 809 F.3d 1092, 1101 (9th Cir. 2016). The Administrative Motion or declaration must identify the 1 (Effective 9/2022) appropriate standard and articulate why the materials to be sealed satisfy that standard. “The mere fact that the production of records may lead to a litigant’s embarrassment, incrimination, or exposure to further litigation will not, without more, compel the court to seal its records.” Kamakana, 447 F.3d at 1179. 3. The request is “narrowly tailored to seek sealing only of sealable material” and does not indiscriminately seek to seal documents or portions of documents which do not contain sealable material. CIVIL L.R. 79-5(c)(3). C. Proposed Orders and Service 1. 2. 3. Proposed Orders must identify with specificity each document, documents, or portions of documents proposed to be sealed or redacted in compliance with Civil Local Rule 79- 5(c)(3). Electronic copies of proposed orders must be sent in Word format to [email protected]. The filing party must serve the above items, this Order, and a copy of Civil Local Rule 79-5 upon (i) any party who is not on ECF, and (ii) any non-party that has designated as confidential any material to be sealed. The filing party must then file a certificate of service to confirm that it has complied. D. E-filing 1. 2. For instructions on how to e-file the Administrative Motion to File Under Seal or Administrative Motion to Consider Whether Another Party’s Material Should Be Sealed, see the directions on the Court’s homepage at http://cand.uscourts.gov/ecf/underseal. If the document sought to be filed under seal is a motion (for example, a motion to dismiss, a motion for summary judgment), counsel shall e-file, separately from the contents and attachments of the Administrative Motion to File Under Seal discussed above, a redacted version of the Motion. That separate filing will allow counsel to select a hearing date for the substantive Motion. FAILURE TO COMPLY WITH THIS STANDING ORDER AND THE LOCAL RULES MAY RESULT IN SUMMARY DENIAL OF ADMINISTRATIVE MOTIONS TO FILE UNDER SEAL. Dated: September 2, 2022 William H. Orrick United States District 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