Judge White's Civil Standing Order pdf, 165.42 KB; Judge White's Deposition Standing Order pdf, 65.11 KB; Judge White's Patent Standing Order pdf, 80.55 KB; Judge White's Criminal Standing Order pdf, 1.20 MB; Standing Order For All Judges Of The Northern District Of California pdf, 86.54 KB

=== Judge White's Civil Standing Order pdf, 165.42 KB ===

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA CIVIL STANDING ORDERS 1. 2. Conformity to Rules. Counsel are expected to consult and comply with all provisions of the Local Rules and the Federal Rules of Civil Procedure relating to motions, briefs, continuances, and all other matters, unless specifically superseded by these Standing Orders. Any failure to comply with any of the rules and orders may be deemed sufficient grounds for monetary sanctions, dismissal, entry of default judgment, or other appropriate sanctions. Communication with Court. Counsel shall not attempt to make contact by telephone or any other ex parte means with the Court or its chambers staff, but may contact the Courtroom Deputy Clerk at (510) 637-3541 or by email at [email protected] with appropriate inquiries. The Courtroom Deputy is unable to provide parties with updates regarding the status of rulings. Parties are therefore advised to avoid contacting the Courtroom Deputy to make such inquiries. Counsel should list their email addresses as well as their telephone numbers on their papers to facilitate communication with the Courtroom Deputy. All counsel listed on the parties’ briefing must be fully apprised of the status of the pending matter and must be authorized to respond to calendar settings by the Court. With the exception of discovery disputes (see Standing Order ¶ 7) or by permission of the Court, Counsel shall not submit letters to the Court. Any communication with the Court must be on pleading paper, including but not limited to, status reports, requests for continuances, and requests for telephonic appearances. Scheduling days. Prior to noticing a motion, counsel shall check the scheduling information on this Court’s website to confirm open and available dates. If the case in which a party is noticing a motion is a related case, the parties must use the terminal digit from lowest numbered case of the related cases for motion filing purposes. Noticed days may be reset as the Court’s calendar requires, with order of call to be determined by the Court. Motions shall be noticed in accordance with the following times: • Civil Law and Motion calendar and case management conferences are conducted on Fridays at 9:00 a.m. 3. 4. 5. 6. • Pretrial conferences are conducted on Mondays at 2:00 p.m. Trials are set to commence on Mondays at 8:00 a.m. In general, jury selection takes place at 8:00 a.m. the Wednesday preceding the start of a trial. Before appearing for a matter before this Court, all parties shall check the Court’s calendar at https://www.uscourts.gov or the posting in the Clerk’s Office to confirm that their matter is still on calendar. Changes to Court Calendar. No changes to the Court’s schedule shall be made except by signed order of the Court and only upon a showing of good cause. Parties seeking to continue hearings, request special status conferences, modify briefing schedules, or make any other procedural changes shall submit a signed stipulation and proposed order, or, if stipulation is not possible, a Motion for Administrative Relief, as contemplated by Civil Local Rule 7-11. Continuances will be granted only upon a showing of good cause, particularly focusing on evidence of diligence by the party seeking delay and of prejudice that may result if the continuance is denied. Briefing schedules may not be changed by stipulation; the parties must obtain leave of court and show good cause for such a request. Parties seeking to enlarge a filing deadline by way of a Motion for Administrative Relief are admonished to file such a motion in advance of the filing deadline, rather than on the day a brief or other matter is due. Chambers Copy. Unless the Court directs otherwise the parties shall not submit chambers copies of materials that are filed electronically. If the parties manually file an item that is contained on some form of electronic media, e.g., a CD-ROM or a thumb drive, they shall provide the Clerk with the original and shall provide the Court with a copy of that electronic media. Case Management Conference Statements. Joint case management statements are required and must be filed seven (7) days in advance of the case management conference date. Counsel shall conform to all elements requested in the “Standing Order for All Judges of the Northern District of California – Contents of Joint Case Management Statement.” See N.D. Civ. L.R. 16-9. In cases involving pro se litigants, the parties may file separate case management statements. Motions. Except for motions for summary judgment and claim construction briefs, all briefs, whether in support of, in opposition to, or in reply to any motio may not exceed fifteen (15) pages in length. The title page, indices of cases, table of contents, and exhibits are not included in this page limitation. Notices of motion which contain substantive argument are included in this page limitation. All written text, including footnotes and quotations, must conform with the requirements of Civil Local Rule 3-4(c)(2). All declarations shall be filed as separate documents. Except for objections to requests for judicial notice or evidence submitted with a reply brief, all evidentiary objections to evidence submitted shall be contained in the parties’ briefs. See N.D. Civ. L.R. 7-3(a), (c). If a party fails to comply with this requirement, 2 the Court may not consider the objections. This Court will not apply Civil Local Rule 7- 3 to motions to exclude expert testimony. See id. 7. Discovery and Discovery Motions. Except as specifically set forth below, no motions regarding discovery disputes may be filed without prior leave of Court. After the parties have met and conferred, the parties shall prepare a joint letter brief of not more than eight (8) pages explaining the dispute. Up to twelve (12) pages of attachments may be added. The joint letter must be electronically filed under the Civil Events Category of “Motions and Related Filings > Motions – General > Discovery Letter Brief.” Discovery disputes may be referred to a Magistrate Judge. If the Court refers discovery disputes to a Magistrate Judge, the Magistrate Judge to whom the matter is assigned will advise the parties of how that judge intends to proceed. The Magistrate Judge may issue a ruling, order more formal briefing, or set a telephone conference or a hearing. After a Magistrate Judge has been assigned, all further discovery matters shall be filed pursuant to that Judge’s procedures. If this Court retains supervision of discovery, the Court will then advise the parties if additional briefing or a telephonic conference will be necessary. If this Court has retained supervision of discovery, and if a dispute arises during a deposition that involves a persistent obstruction of the deposition or a refusal to answer a material question on the basis of any ground other than privilege or the work product doctrine, counsel may arrange a telephonic conference with the Court through contact with Chambers at (510) 637-1820. Any such conference shall be attended by the court reporter recording the deposition. 8. 9. Motions for Summary Judgment. All issues shall be contained within one motion, shall not exceed twenty-five (25) pages in length, and shall conform with Civil Local Rule 7-2. Absent of a showing of good cause, the Court will address only one motion for summary judgment per side. Separate statements of undisputed facts will not be considered by the Court. Joint statements of undisputed facts are not required but are helpful if completely agreed upon. In the event parties intend to cross-move for summary judgment, the Court strongly prefers a four-brief schedule. Proposed Orders Required. Each party filing or opposing a motion shall also electronically file and serve a proposed order that sets forth the relief or action sought and a short statement of the rationale of decision, including citation of authority, that the party requests the Court to adopt. The proposed order should be electronically filed at the same time as the motion or opposition. A word version of the proposed order should be sent to [email protected]. 3 10. Grounds for Recusal. Parties are directed to inform the Court of any and all reasonable bases for recusal at the earliest possible date, and no later than the initial case management conference. See also Standing Order on Recusal. 11. Service of Standing Orders. Plaintiff (or in the case of removed cases, any removing defendant) is directed to serve copies of these standing orders at once upon all parties to their action, and upon those subsequently joined, in accordance with the provisions of Federal Rules of Civil Procedure, Rules 4 and 5, and to file with the Clerk of the Court a certificate reflecting such service, in accordance with Civil Local Rule 5-6(a). IT IS SO ORDERED JEFFREY S. WHITE United States District Court 3/2025 Rev. 4

=== Judge White's Deposition Standing Order pdf, 65.11 KB ===

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA STANDING ORDER FOR DEPOSITIONS This Standing Order applies to all depositions in all matters assigned to Judge Jeffrey S. White and is intended to supplement Northern District Civil Local Rules 30-1 and 30-2. Depositions shall be conducted in accordance with the following rules: 1. Conduct. Counsel are expected to cooperate with and be courteous to each other and deponents. Each party should designate one attorney to conduct the principal examination of the deponent. Counsel should cooperate in the allocation of time to comply with any time limit set by the Court. 2. Stipulations. Unless contrary to an order of the Court, the parties may stipulate in writing to modify any practice relating to noticing or conducting a deposition. Stipulations for extension of discovery cut-offs set by the Court are not permitted, absent leave of Court. If counsel enter into stipulations at the beginning of the deposition, the terms of the stipulation should be fully stated on the record. 3. Scheduling. Absent extraordinary circumstances, before noticing a deposition, the noticing party must consult with opposing counsel and unrepresented proposed deponents to schedule depositions at mutually convenient times and places. Where an agreement cannot be reached and barring exigent circumstances, the party seeking the deposition may notice it at least twenty (20) days in advance. If the noticed date and place is unacceptable to the deponent or deponent’s counsel, the deponent or deponent’s counsel shall within ten (10) days of receipt of the notice, reply and counter-propose in writing with an alternative date and place falling within thirty (30) days of the date noticed by the party seeking the deposition. 4. Objections, Instructions Not to Answer, and Private Consultation. Counsel shall comply with Federal Rule of Civil Procedure 30(c)(2). Deposition objections may be made as to privilege or may be made only where required in order to preserve the objection. Speaking objections or those calculated to coach the deponent are prohibited. A person may instruct a deponent not to answer a question only when necessary to preserve a privilege, to enforce a limitation directed by the Court, or to present a motion under Federal Rule of Civil Procedure 30(d)(3). When a privilege is claimed, the witness should nevertheless answer questions relevant to the existence, extent or waiver of the privilege, such as the date of the communication, who made the statement, to whom and in whose presence the statement was made, other persons to whom the contents of the statement have been disclosed, and the general subject matter of the statement, unless such information itself is privileged. Counsel may be subject to sanctions if they consistently impede, or otherwise unreasonably delay, the fair examination of the deponent. Private conferences between deponents and their attorneys in the course of deposition are improper and prohibited except for the sole purpose of determining whether a privilege should be asserted. 5. Documents. Witnesses subpoenaed to produce documents should ordinarily be served at least 30 days before the scheduled deposition and arrangements should be made to permit inspection of the documents before the deposition commences. Extra copies of documents used during the deposition should ordinarily be provided to opposing counsel and the deponent. Deponents should be shown a document before being examined about it except when counsel seek to impeach or test the deponent’s recollection. 6. Marking of Exhibits. Counsel shall comply strictly with Civil Local Rule 30-2, and, at the outset of the case, shall meet and confer regarding the sequential numbering system that will be used for exhibits throughout the litigation and during trial. Documents shall be referred to by the Bates-stamp number assigned by the document depository. 7. Waiver of Transcription and Filing. The parties and deponents are authorized and encouraged to waive transcription and filing of depositions that prove to be of little or no usefulness in the litigation or to agree to defer transcription and filing until the need for using the deposition arises. 8. Requests for Intervention by the Court. If a dispute arises during a deposition and involves a persistent obstruction of the deposition or a refusal to answer a material question on the basis of any ground other than privilege or the work product doctrine, counsel may arrange a telephonic conference with he Court through Chambers at (510) 637-1820. Any such conference shall be attended by the court reporter recording the deposition. IT IS SO ORDERED. 6/2019 Rev. JEFFREY S. WHITE UNITED STATES DISTRICT JUDGE 2

=== Judge White's Patent Standing Order pdf, 80.55 KB ===

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA STANDING ORDER FOR PATENT CASES The following instructions shall apply to all patent cases assigned to Judge Jeffrey S. White. 1. 2. 3. 4. 5. Joint Claim Construction Statement The initial joint claim construction statement required by Patent Local Rule 4-3 shall be truly joint. Disputed terms, phrases, and clauses shall be designated as disputed. All other terms shall be presumed undisputed. For any term in dispute, the parties must agree on the identity of the term. With regard to disputed terms, phrases, or clauses, the joint statement shall list each disputed term, phrase, or clause (listed by claim); each party’s proposed construction; and support for each party’s proposed construction in table format. Parties shall attach to the joint claim construction statement copies of all patents in dispute. Parties shall also make a complete prosecution history for each patent available to the Court upon request. Claim Construction As an initial matter, the Court will construe no more than ten terms. If more than ten terms are at issue, the parties shall 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 shall jointly propose the ten terms requiring construction. If a party genuinely believes that it will require that more than ten terms be construed, that party may request leave to designate additional terms for construction, pursuant to Civil Local Rule 7-11(b). The requesting party must demonstrate good cause and explain why other methods of limiting the claims at issue (such as the selection of representative claims or any grouping of 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 schedule a second claim construction proceeding on the excess terms. 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. Claim construction briefs shall address each disputed term, but only those that are truly disputed, following the order of the joint statement. The opening and opposition briefs shall not exceed 25 pages; the reply brief shall not exceed 15 pages. The Court anticipates that a meaningful meet and confer between the parties 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 that do not afford the opposing party an opportunity to respond. However, if it becomes necessary for a party to propose a construction that is different from the one 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. At the time of filing the reply briefs, the parties shall file an amended, final joint claim construction statement, including only the remaining disputed terms, phrases, and clauses. Tutorial and Claim Construction Hearing The Court will schedule a tutorial to occur one week prior to the claim construction hearing. Tutorials will be scheduled for Thursdays at 10:00 a.m. Each side will be permitted 45-60 minutes to present a short summary and explanation of the technology at issue. The Court encourages counsel to meet and confer and, if possible, to present a joint tutorial. If the parties cannot agree on a joint presentation, then the patent holder makes the first presentation. Visual aids are encouraged. The Court prefers that someone other than counsel make the presentation. Counsel will be permitted to make opening remarks and then a brief summation following the presentation. No argument will be permitted. The proceeding is not recorded and parties may not rely on statements made at the tutorial in other aspects of the litigation. The Court does not conduct prehearing conferences. The parties may address any prehearing issues at the tutorial. 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 Local Rule 4-5 will apply. The Court will not ordinarily hear extrinsic evidence at the claim construction hearing. Should it become apparent that testimony will be necessary, counsel may submit a request within two weeks of the hearing to seek the Court’s prior approval for such a request. 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. 6. 7. 8. 9. 10. 11. 12. Claim construction hearings will take place one week following tutorials. Claim construction hearings generally will be scheduled for no longer than two hours on 2 Thursdays at 10:00 a.m. However, the Court will specially set the hearing on a different day and for a longer period of time if warranted. Counsel should make a written request to the Court as soon as it is apparent that a special setting is necessary. Subsequent Case Management Report 13. Upon issuance of the claim construction ruling, the Court will also set a date for the filing of a further joint case management status report. In that report, the parties must address the following topics: • whether either party wishes to certify the claim construction ruling for immediate appeal to the Federal Circuit; • the filing of dispositive motions and timing of those motions; • if willful infringement has been asserted, whether the allegedly-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; • anticipated post-claim construction discovery; • any other pretrial matters; and • the progress of settlement discussions, if any. The Court will review the report and, if necessary, schedule a further case management conference and enter any appropriate orders. Miscellaneous 14. All stipulated protective orders and filings shall comply with Civil Local Rule 79-5. Parties shall also submit a complete unredacted chambers copy of any brief or supporting papers lodged under seal with all confidential material highlighted. IT IS SO ORDERED. Rev. 6/2019 JEFFREY S. WHITE UNITED STATES DISTRICT JUDGE 3

=== 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