Judge Illston's Standing Order
- Date
- 2020-08-27
Summary
Judge Illston's Standing Order, filed as Document 15-1 in Case 3:20-cv-05787-SI in the U.S. District Court for the Northern District of California on August 27, 2020, and dated March 11, 2020 with the signature of United States District Judge Susan Illston. The order sets scheduling days for civil and criminal law and motion calendars, case management conferences and pretrial conferences. It sets deadlines for sentencing memoranda, requires in-person or telephone meet-and-confer before a joint discovery statement of 5 pages or less, and limits parties to one summary judgment motion. It also covers courtesy copies, telephonic appearances and filing under seal under Civil Local Rule 79-5, citing Ctr. for Auto Safety v. Chrysler Grp., LLC, 809 F.3d 1092.
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Case 3:20-cv-05787-SI Document 15-1 Filed 08/27/20 Page 1 of 3
1 (03/20)
JUDGE ILLSTON’S STANDING ORDER
2
1. Scheduling Days:
3
4 Civil Law and Motion Calendar is conducted on Fridays at 10:00 a.m.
5 Criminal Law and Motion Calendar is conducted on Fridays at 11:00 a.m.
6 Civil Case Management Conferences are generally conducted on Fridays at 2:30 p.m.
with the order of call determined by the Court.
7
Pretrial Conferences are generally conducted on Tuesday afternoons at 3:30 p.m.
8
9 Counsel need not reserve motion hearing dates, but may call the clerk to obtain the
next available law and motion calendar. Motions may be reset as the Court’s calendar
10 requires.
11 All parties are directed to comply with the Civil Local Rules except as identified in this
Order.
12
United States District Court
2. Sentencing Memorandum and/or Request to Continue Sentencing:
13
14 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
15 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
Northern District of California
16 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 sentence must be filed
17 no later than 7 days prior to the scheduled date.
18 3. Discovery Disputes:
19
The parties shall meet and confer in person, or, if counsel are located outside the Bay
20 Area, by telephone, to attempt to resolve their dispute informally. A mere exchange of
letters, e-mails, telephone calls, or facsimile transmissions does not satisfy the
21 requirement to meet and confer.
22 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
23 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
24 thereto.
25
If a joint statement is not possible, each side may submit a brief individual statement
26 of 2 pages or less. The joint statement or individual statements shall be filed or e-filed,
if in an e-filing case, and courtesy copies submitted as provided by the Civil Local
27 Rules.
28 The Court will advise the parties regarding the need, if any, for more formal briefing or
Case 3:20-cv-05787-SI Document 15-1 Filed 08/27/20 Page 2 of 3
a hearing, pursuant to Civil Local Rule 7-1(b).
1
4. Courtesy Copies:
2
3 All courtesy copies must be unstapled and three-hole punched at the left margin. All
courtesy copies must bear the ECF stamp (case number, document number, date and
4 page number) on the top of each page.
5 The parties shall observe the timelines for delivering courtesy copies as set by Civil
Local Rule 5-1(e)(7). This includes the requirement that courtesy copies of
6 documents filed in connection with a hearing or proceeding to be held within 7 days of
the filing must be delivered to the Clerk’s Office no later than noon on the court day
7 following the day that the documents were electronically filed. See Civil Local Rule 5-
8 1(e)(7)(E).
9 5. Summary Judgment Motions:
10 Parties are limited to filing one motion for summary judgment. Any party wishing to
exceed this limit must request leave of Court.
11
6. Courtroom Technology Information:
12
United States District Court
13 All parties are instructed to review the information regarding the use of courtroom
technology and electronic evidence presentation (EEPS) which is provided on the
14 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
15 Courtroom Clerk.
Northern District of California
16 7. Requests to Appear Telephonically:
17 Telephonic Appearances for court hearings are permitted without the need of filing a
formal request or motion. Counsel shall contact the Courtroom Clerk, Teddy Van
18
Ness, at (415) 522-2028, to obtain further instructions.
19
8. Filing Documents Under Seal in Civil Cases:
20
Motions to seal shall be filed in accordance with Civil Local Rule 79-5. Failure to
21 follow the local rules may result in summary denial of the motion.
22 a. Designating information as confidential:
23 Before designating any specific information “Confidential” or “Confidential-Attorneys’
24 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
25 Procedure. The burden of establishing confidentiality shall be on the designating
party.
26
Before seeking to file under seal a document or portion of a document that another
27 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
28 document have been unnecessarily designated as confidential or no longer require
2
Case 3:20-cv-05787-SI Document 15-1 Filed 08/27/20 Page 3 of 3
confidential treatment, counsel shall meet and confer with counsel for the designating
1 party to attempt to resolve the issue.
2
b. Declarations in support:
3
The declaration in support of sealing or in support of redaction must make a specific
4 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
5 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
6 F.3d 1092, 1099, 1101 (9th Cir. 2016).
7 c. Courtesy copies:
8
For documents submitted in connection with administrative motions to seal, parties
9 shall provide courtesy copies of the unredacted documents with proposed redacted
material highlighted, as required by Civil Local Rule 79-5(d)(1)(D), only. Do not
10 submit courtesy copies of the redacted versions of documents sought to be sealed.
11 To the extent that filings include both sealed and non-sealed materials, courtesy
copies should include all material, including the unredacted version of proposed
12 sealed material integrated with the non-sealed material. For instance, a courtesy copy
United States District Court
13 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
14 highlighted; Exhibit 3; etc.
15 d. Proposed orders:
Northern District of California
16 Proposed orders on administrative motions to seal must conform to the following
format:
17
Document or Portion of Evidence Offered in Support Order
18
Document Sought to Be of Sealing
19 Sealed
Motion at page 2, lines 10-11 Jones Declaration ¶ 1
20 Motion at page 5, lines 4-7 Jones Declaration ¶ 2
21 When a designating party files a declaration in support of another party’s motion to
seal, as required by Civil Local Rule 79-5(e)(1), and the designating party narrows the
22 submitting party’s original sealing request, the designating party shall submit a new
23 proposed order consistent with the narrowed request.
24 IT IS SO ORDERED.
25 Dated: 3/11/20
26
27 SUSAN ILLSTON
United States District Judge
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