UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
STANDING ORDER FOR CIVIL CASES BEFORE JUDGE EUMI K. LEE
(Updated August 28, 2025)
I. CONFORMITY TO RULES ........................................................................................ 1
II. COMMUNICATION WITH THE COURT ................................................................. 1
III. EMERGENCY APPLICATIONS ................................................................................. 1
IV. PRONOUNS AND TITLES ......................................................................................... 1
V. SCHEDULING ............................................................................................................. 1
VI. CASE MANAGEMENT CONFERENCES ................................................................. 2
VII. FILINGS AND CHAMBERS COPIES........................................................................ 5
VIII. MOTIONS AND HEARINGS ..................................................................................... 7
IX. SUMMARY JUDGMENT ......................................................................................... 10
X. DISCOVERY...............................................................................................................11
XI. CLASS ACTION SETTLEMENTS ........................................................................... 12
XII. REQUESTS FOR MAGISTRATE JUDGE SETTLEMENT CONFERENCES ....... 13
XIII. UNREPRESENTED PARTIES .................................................................................. 13
ATTACHMENT A ........................................................................................................................ 14
I. CONFORMITY TO RULES
Parties and counsel shall comply with 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Local Rules, and the General Orders of the Northern District of California, except as superseded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.
II. COMMUNICATION WITH THE COURT
Parties and counsel shall not engage in any ex parte communication with Judge Lee or
her chambers staff by telephone, facsimile, e-mail, or any other means, unless such contact has
been authorized in advance. Parties and counsel may contact Judge Lee’s Courtroom Deputy at
[email protected] with any inquiries regarding scheduling or other administrative
matters. All counsel and unrepresented parties shall be included on any e-mail communications
with Judge Lee’s Courtroom Deputy.
Judge Lee does not review or respond to letters or letter briefs providing case information
or seeking relief from the Court, even if the letter is filed on the docket. All requests requiring
the Court to take action shall be made either by stipulation and proposed order or by an
appropriate motion filed pursuant to the Civil Local Rules.
III. EMERGENCY APPLICATIONS
Counsel should call and email Judge Lee’s Courtroom Deputy at (408) 535-5330 and
[email protected] to notify her if they submit an application for a temporary restraining
order, a stipulation that requires a response from the Court within 24 hours, or any other
emergency request.
A party moving for emergency relief must demonstrate that it made every reasonable
effort to notify the opposing party and the opposing party’s counsel, at the earliest possible time,
of its intent to seek emergency relief. Failure to do so will likely result in denial of the request.
IV. PRONOUNS AND TITLES
If they so choose, litigants and lawyers may indicate their pronouns (e.g., she/her, he/him,
they/their) and honorifics (e.g., Mr., Ms., Mx., Dr.) by adding the information in the name block
or signature line of the pleadings, by filing a letter on the public docket, or by informing the
Court at the start of a hearing.
V. SCHEDULING
Parties should review Judge Lee’s calendar and scheduling notes on the website
(https://cand.uscourts.gov/judges/ekl/lee-eumi-k) for the most recent information regarding when
and where hearings are held and specific date availability.
Civil motions are heard by reservation only. After reviewing the website, parties and
counsel shall meet and confer to identify proposed hearing dates that are amenable to all relevant
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parties and counsel. Parties shall jointly contact Judge Lee’s Courtroom Deputy via email at
[email protected] to reserve a hearing date. When reserving a hearing date, parties must
indicate the number and type(s) of motions to be filed.
Once a hearing date is reserved, the motion(s) shall be filed within fourteen (14) days
thereafter. Failure to timely file any motion will result in the expiration of the hearing
reservation without further notice to the parties, and the moving party must obtain a new
reservation before filing the motion(s).
After the Court issues a scheduling order, continuances in civil cases are granted only
upon a showing of good cause. See Fed. R. Civ. P. 16(b)(4). Any request for a continuance or
extension of time (other than an extension that the Rules allow the parties to arrange between
themselves without a court order) must be filed not later than three (3) court days prior to the
deadline that the party wishes to extend. Parties and counsel must demonstrate good cause; they
may not simply stipulate that good cause has been shown. The caption of any request for a
continuance or extension shall indicate how many previous extensions have been requested (e.g.,
“First Request for Extension”). The request must state whether the Court has granted those
extensions and whether the Court has stated that no further extensions will be granted.
VI. CASE MANAGEMENT CONFERENCES
Unless the Court orders otherwise, case management conferences will be held remotely
via Zoom. Parties may request an in-person hearing. The attorney appearing at a case
management conference must have full authority to make decisions about any issue that may
come up during the conference but need not be lead counsel.
If a defendant files a motion to dismiss that is dispositive of the entire case, the parties
can stipulate to move the initial case management conference 21 days after the hearing on that
motion. Otherwise, the initial case management conference generally will not be moved.
Parties must prepare a joint case management statement fourteen (14) days prior to the
date of any case management or status conference. The joint case management statement shall
comply with the “Standing Order for All Judges of the Northern District of California – Contents
of Joint Case Management Statement” and Civil Local Rule 16-9. In their joint case
management statement for the initial case management conference, the parties must propose a
full litigation schedule, including a proposed last day to amend pleadings as well as a deadline to
complete ADR, regardless of whether they have received a ruling on any motion to dismiss.
Target dates and deadlines are set forth below, including ranges to account for the
complex nature of the case. Proposals that deviate from the timeline set forth below must be
explained. The Court may vacate a case management conference and issue a scheduling order
based on the parties’ written submission.
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Case Stage Deadline
Deadline to Request Leave to No later than 60 days after the initial case management
Amend Pleadings (per Fed. R. Civ. conference
P. 15)
Deadline to Complete Initial ADR Generally 120 days after the initial case management
Session conference
Further Case Management Four to eight (4-8) weeks before the close of fact
Conference discovery
Close of Fact Discovery Four to eight (4-8) months after the initial case
management conference
Close of Expert Discovery No more than four (4) months after the close of fact
discovery
Close of Briefing on Summary No more than ten (10) weeks after the close of expert
Judgment, Daubert, and Class discovery
Certification
Hearing on Summary Judgment, Four (4) weeks after the final brief is submitted
Daubert, and Class Certification
Pretrial Conference At least twelve (12) weeks after the last day to hear
summary judgment and Daubert motions, and at least
four (4) weeks before trial begins, with a joint pretrial
statement due two (2) weeks before the conference
Trial Twelve to twenty (12-20) months after the initial case
management conference
Mid-Discovery Case Management Statement: In cases involving at least six (6)
months of fact discovery, the Court will set a deadline for the filing of a further case management
statement not to exceed ten (10) pages. This deadline shall be set at the approximate midpoint of
the fact discovery period. The statement should address the status of the case and any other
matters that warrant the Court’s attention. If any party believes a conference is needed, the party
shall identify the issue(s) that require the Court’s attention, explain the basis for the request, and
detail the efforts that the parties have made to address or resolve the issue. Such requests should
be made on an extremely limited basis after extensive efforts to meet and confer in person or by
videoconference.
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Further Case Management Conference: The Court will hold a further case
management conference approximately four to eight (4-8) weeks before the close of fact
discovery. No later than fourteen (14) days before the further case management conference, the
parties shall file a joint case management statement, not to exceed ten (10) pages, containing the
following information:
• Motions: All prior and pending motions, the status thereof, and any anticipated
motions. If no briefing schedule has been set for summary judgment, Daubert, class
certification, and any other motions, the parties shall jointly propose a schedule.
• Status of Discovery: If discovery has not been completed, the scope of any
anticipated further discovery, proposed modifications to the discovery plan, and a
realistic estimate of when discovery will be complete.
• Settlement and ADR: A description of all ADR efforts to date and whether further
ADR efforts should be pursued prior to trial.
• Bifurcation and Separate Trial of Issues: A statement addressing whether bifurcation
or a separate trial of specific issues is appropriate or desired.
• Trial: A brief statement describing each party’s readiness for trial, whether the case
will be tried before a jury or to the Court, and a realistic estimate of the length of the
trial.
Close of Fact Discovery: The close of fact discovery is the date by which all discovery
must be completed, including motions to compel, hearings on discovery motions, and any
additional discovery resulting from orders on discovery motions. Accordingly, all discovery
requests shall be served sufficiently in advance of the close of fact discovery to allow the
discovering party enough time prior to the cut-off date to challenge allegedly deficient responses
via motion to compel and to receive the necessary responses if the motion is granted. Notice of
depositions must be given at least 30 days prior to the close of fact discovery.
Daubert and Summary Judgment Motions: Motions challenging the reliability of
expert testimony pursuant to Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579
(1993), shall be noticed for hearing no later than the deadline for hearings on summary judgment
motions. The parties must allow at least twelve to sixteen (12-16) weeks between the proposed
summary judgment hearing date and the proposed final pretrial conference.
Trial Date: Generally, counsel should budget no more than twelve to twenty (12-20)
months between the initial case management conference and trial. Counsel requesting longer
pretrial periods must be prepared to justify that request at the initial case management
conference. A trial date typically will be set at the initial case management conference, except
for class action and patent cases. In such cases, the Court will set a trial date after ruling on class
certification or claim construction, respectively. Trial dates will not be continued absent a strong
showing of good cause.
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VII. FILINGS AND CHAMBERS COPIES
A. Amended Pleadings
All amended pleadings shall attach as an exhibit a redlined or highlighted document
showing the changes made to the previously-filed pleading.
B. Documents Filed on ECF
When filing documents on ECF, each motion, supporting declaration, and exhibit should
be filed as a separate text-searchable PDF. A declaration, along with any exhibits, should
generally be filed as one docket entry, with the declaration as the “Main Document” in ECF, and
each exhibit filed separately as “Attachments.” For example, if the motion is Docket No. 20, and
the supporting declaration is Docket No. 21, Exhibit A would be filed as Docket No. 21-1,
Exhibit B would be Docket No. 21-2, and so on. When filing motions, declarations, and
exhibits, the ECF “Description” of each document should include the name of the document.
Where each party relies on the same exhibit, the later-filing party should cite to the earlier-filed
exhibit and should not file a duplicate exhibit. If possible, the parties should meet and confer
prior to filing a motion and submit a joint appendix of evidence.
C. Chambers Copies
The parties are required to submit one (1) chambers copy of all filings except for
administrative motions. Chambers copies for sealing motions are addressed below in Section
VII.D.
Chambers copies should be double-sided and should bear the ECF filing “stamp” (case
number, docket number, date, and ECF page number) along the top of the page. All exhibits
shall be clearly delineated with labels along the right side. If the filing includes exhibits over
two-inches thick, the parties shall place the copies in a binder. Binders should not exceed three
inches. The copies shall be marked “Chambers Copy” and submitted to the Clerk’s Office, in an
envelope marked with “Judge Lee,” the case number, and “Chambers Copy.” Chambers copies
shall be mailed for receipt or delivered to the Clerk’s Office within two (2) court days after the
materials are filed.
For Social Security appeals, the Court requests that the Commissioner submit one
chambers copy of the administrative record within five court days after electronically filing it.
The chambers copy should be placed in one or more binders. Each document should be tabbed
with labels along the right side. The chambers copy should be submitted to the Clerk’s Office
and labeled with the case number, “Judge Lee,” and “Chambers Copy.”
D. Sealed Documents
The Court requires strict compliance with Civil Local Rule 79-5. Public access to court
records is a fundamental aspect of our democracy and justice system. The filing party must
make a specific showing as to each statement or document to be sealed. Blanket requests that
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make generic reference to “competitive harm” are almost always insufficient. If a party files a
request that is significantly overbroad or fails to provide a specific reason for sealing, the Court
will consider denying the request in its entirety.
Each document filed under seal must be highlighted to show the proposed redactions. If
a party believes it is appropriate to seal an entire document, the filed document should be labeled
to indicate that sealing is sought in full.
In addition to complying with Civil Local Rule 79-5, each motion to seal must include a
chart, in the format set forth below, which includes the following columns: (1) ECF number or
exhibit number of the document sought to be sealed; (2) description or name of the document
sought to be sealed; (3) portion(s) of the document to seal; and (4) reason(s) why the document
should be sealed, including citation to the applicable declaration. Each separate document for
which sealing is sought shall have its own row in the table.
ECF No. Document Portion(s) to Seal Reason(s) for Sealing
252 Plaintiff’s Motion Highlighted portions Contains confidential information
for Summary at 4:9-12; 10:2-7. relating to the parties’ licenses and
Judgment negotiations with third parties, and
Plaintiff’s internal financial and
business strategies. See Doe Decl.
¶¶ 3-7. Public disclosure of this
information would cause harm to
Plaintiff. Id.
In addition, the motion must be accompanied by a proposed order that complies with
Civil Local Rule 79-5 and is organized in the following format. Proposed orders should be filed
in PDF form on ECF and sent in Microsoft Word format to
[email protected].
ECF No. Document Portion(s) to Seal Granted/Denied
252 Plaintiff’s Motion Highlighted portions [Leave blank]
for Summary at 4:9-12; 10:2-7.
Judgment
Chambers copies of sealing motions shall include only unredacted documents;
chambers copies of redacted documents need not and shall not be submitted to the Court.
Chambers copies of unredacted documents shall clearly indicate with yellow highlighting the
portions that the party is requesting to seal.
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VIII. MOTIONS AND HEARINGS
A. Meet and Confer Requirement
At least seven (7) days before filing any motion, the moving party must meet and confer
with the opposing party or parties in person or by videoconference. During the parties’
conference, the moving party shall disclose the bases for its anticipated motion. The purpose of
this conference is to resolve or narrow disputed issues where possible to reduce motion practice.
In the notice of motion, counsel for the moving party must certify that this meet-and-
confer requirement has been satisfied, citing specifically to this section of the Civil Standing
Order. If the notice of motion does not include such a certification, the Court may strike the
motion and order the moving party to re-file the motion with a certification once the meet-and-
confer requirement has been met.
The meet-and-confer requirement will be excused only under emergency circumstances
where the moving party cannot reasonably comply. In such cases, the moving party must still
certify that it has notified all other relevant parties in advance of filing its motion, and must detail
the efforts made to meet and confer.
B. Page Limits
Absent leave of court, the page limits for the following types of motions and proceedings
shall be 25 pages for the motion or opening brief, 25 pages for the opposition or response brief,
and fifteen (15) pages for the reply brief: motions brought under Federal Rules of Civil
Procedure 12, 23, 50, 56, 59, or 65; motions for certification of a collective action under the Fair
Labor Standards Act; motions brought under California’s anti-SLAPP statute; Social Security
appeals; and claim construction briefing.
Absent leave of court, the page limits for all other types of motions and proceedings,
except for those addressed above or those as to which specific page limits are set forth in the
Civil Local Rules or the Court’s Standing Orders, shall be ten (10) pages for the motion or
opening brief, ten (10) pages for the opposition or response brief, and five (5) pages for the reply
brief. Motions subject to these limits include motions for sanctions, motions to stay, and motions
to compel arbitration.
If a party files its own motion and joins in another party’s motion, both the party’s own
motion and the joined motion will count toward the party’s page limits. Where multiple parties
are represented by the same counsel, all motions filed by those parties are limited to a single
brief which complies with the page limits set forth above, absent leave of court.
These page limits are maximums, not minimums. Counsel and parties are encouraged to
be concise. Excess pages will not be considered by the Court.
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Footnotes shall not be used to cite to legal authorities or evidence. All citations to legal
authorities or evidence shall be in the body of the brief. Excessive footnotes will be disregarded.
In general, no more than five (5) footnotes per brief should be necessary.
All factual and legal bases for a party’s position with respect to a motion must be
presented in the briefing on that motion. Arguments presented in earlier-filed briefs or
documents may not be incorporated by reference.
Requests to enlarge page limits will rarely be granted. Stipulated requests must be filed
at least three (3) court days prior to filing the underlying motion. If the request is made by
administrative motion rather than stipulation, the motion must be filed at least five (5) court days
prior to filing the underlying motion and any opposition must be filed: (a) at least three (3) court
days before the underlying motion is filed; or (b) within the time allowed by Civil Local Rule 7-
11, whichever is sooner.
C. Proposed Orders
Each motion shall be accompanied by a proposed order pursuant to Civil Local Rule
7-2(c). Each proposed order shall comply with any applicable Civil Local Rule. See, e.g., Civil
L.R. 6-3 (proposed orders to change time), 7-11 (proposed orders for administrative relief), 16-9
(proposed case management orders), 65-1 (proposed temporary restraining orders), 72-2
(proposed orders for relief from a non-dispositive Magistrate Judge order), 79-5 (proposed orders
to seal documents). When any party requests a continuance or extension of time, the party must
file a proposed order listing, in chart format, all future deadlines and the proposed extensions,
illustrating how the requested relief would impact the case schedule. Proposed orders submitted
in connection with motions for injunctive relief should state the specific relief sought. A party
opposing a motion need not submit a proposed order.
All proposed orders should be filed in PDF form on ECF. In addition, the moving party
should submit a Microsoft Word chambers copy only if the proposed order relates to: (1) a
sealing motion; (2) a claim construction proceeding in a patent case; or (3) a motion for a
temporary restraining order or preliminary injunction. The Word version chambers copy should
be sent to
[email protected]. The Court’s signature block should not appear on a
standalone page. The subject line of the email should include the case number and name, along
with the title of the order. The email should not be used by litigants for substantive
communications.
D. Briefing Schedules
The parties may stipulate to and request Court approval of a briefing schedule that differs
from that set forth in the Civil Local Rules, noting the differences in their stipulation. Absent
good cause, however, the briefing schedule for any motion shall allow at least fourteen (14) days
between the final filing and the hearing date. The briefing schedule for summary judgment,
Daubert, and class certification motions shall allow at least 28 days between the final filing and
the hearing date.
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E. Hearing Attendance and Participation
Hearings on civil motions will be held in-person. The Court will consider requests to
appear via Zoom on a case-by-case basis. Joint requests are strongly preferred, and parties are
required to meet and confer regarding such requests. If a request is granted, it will generally be
applicable to all parties participating in the hearing as hybrid hearings are discouraged.
Parties wishing to appear via Zoom shall file and serve an administrative request to
appear via Zoom and a proposed order at least one (1) week prior to the scheduled hearing date.
If all parties wish to appear via Zoom, the parties should file a joint administrative request or
indicate that the request is unopposed. If a request is granted, the parties must follow the
directions provided on the Court’s website for remote participation
(https://cand.uscourts.gov/judges/ekl/lee-eumi-k). To ensure the quality of the record, any party
appearing remotely must have a good connection and must avoid participating from a public
space or any other environment with background noise that could disrupt the proceedings.
The Court welcomes and encourages oral argument by less-experienced attorneys on
any matters before the Court. More experienced counsel for the same party may still offer
argument for a few minutes at the end of the hearing.
The Court may provide tentative rulings in advance of a motion hearing. If the Court
determines that a hearing is not necessary, the hearing will usually be vacated no later than two
(2) court days before the scheduled hearing date.
F. Demonstratives and Presentations
Any demonstratives or audio-visual presentations to be used at a hearing must be
exchanged with opposing counsel and submitted to the Court at least 48 hours before the hearing.
If this date falls on a weekend, parties are required to exchange and submit them by Friday at
5:00 p.m. Parties shall email electronic copies of the demonstratives or presentations to Judge
Lee’s Courtroom Deputy at
[email protected].
G. Duty of Candor
All case citations and factual statements must be completely accurate. A citation to a
case, statute, or other authority is counsel’s representation to the Court that the authority stands
for the proposition asserted and is good law. A quotation of a case or other authority is counsel’s
representation that the quoted language is complete and present in the authority cited. Counsel
must ensure that the use of ellipses or elisions in quotes does not mislead the Court or
misrepresent the substance of the holding or other authority. Counsel’s representations of facts
are subject to the same requirements of completeness and accuracy. Misrepresentations of law or
fact, however subtle, may result in sanctions and a referral to the District’s Standing Committee
on Professional Conduct.
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H. Use of Generative AI Tools
Counsel is responsible for providing the Court with complete and accurate
representations of the record, procedural history, and cited legal authorities. Use of ChatGPT or
other such generative artificial intelligence tools is not prohibited, but counsel must personally
confirm for themselves the accuracy of any research conducted by these means, and counsel
alone bears ethical responsibility for all statements made in filings. Any submission containing
AI-generated content must include a certification that lead trial counsel has personally verified
the content’s accuracy. Failure to include this certification or comply with this verification
requirement will be grounds for sanctions. Counsel is responsible for maintaining records of all
prompts or inquiries submitted to any generative AI tools in the event those records become
relevant at any point.
IX. SUMMARY JUDGMENT
Each party is limited to filing one (1) motion for summary judgment. Any party wishing
to exceed this limit must request leave of court. Unless otherwise ordered, the parties must meet
and confer to determine if they will file cross-motions for summary judgment. The Court will
schedule a hearing for approximately four (4) weeks after the final brief has been submitted.
Where the parties are submitting cross-motions for summary judgment, only the
following briefs will be allowed: (1) opening brief by the plaintiff side; (2) opening/opposition
brief by the defense side; (3) opposition/reply brief by the plaintiff side; and (4) reply brief by the
defense side. The parties may agree to reverse the order, and to have the defense side file its
opening brief first, without order of the Court. Before the first brief is filed, the parties must
submit a stipulation and proposed order setting a briefing schedule for the cross-motions. The
first two briefs are limited to 25 pages; the third brief is limited to twenty (20) pages; and the
fourth brief is limited to fifteen (15) pages. The fourth brief must be filed at least 28 days before
the hearing date.
Moving Separate Statement: Any party moving for summary judgment, partial
summary judgment, or summary adjudication must include a separate, short and concise
statement identifying each claim or defense to which the moving party contends there is no
genuine issue to be tried. In most cases, the statement should not exceed fifteen (15) pages. For
each claim, defense, or part thereof, the moving separate statement must: (a) identify the
relevant elements or issues; (b) list the asserted material facts establishing those elements or
issues; and (c) cite to record evidence demonstrating that the asserted material facts are
undisputed (e.g., deposition testimony, declaration, or discovery response). Upon filing, the
moving party shall provide the moving separate statement to all other parties in Microsoft Word
format for ease of response thereto. The moving separate statement must be organized in the
form of a chart as shown in Attachment A.
Responsive Separate Statement: The papers opposing a motion for summary judgment,
partial summary judgment, or summary adjudication must include a responsive separate
statement which: (a) incorporates the moving separate statement; (b) indicates whether each of
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the facts listed in the moving separate statement is disputed or undisputed; and (c) identifies any
additional material facts the party contends will establish a genuine issue to be tried. If the
opposing party contends that a fact is in dispute, the opposing party must cite to evidence in the
record establishing the dispute.
In most cases, the responsive separate statement should add no more than five (5) pages
to the moving separate statement. The responsive separate statement must be organized in the
form of a chart as shown in Attachment A.
Reply Separate Statement: The moving party may file a reply separate statement which
incorporates and responds to the responsive separate statement in the same manner described
above. The reply separate statement shall not introduce any new asserted material facts.
Deemed Admitted Unless Controverted: Each numbered fact in the moving separate
statement will be deemed to be admitted, for purposes of the motion only, unless specifically
controverted by the opposing party, so long as the moving party meets its burden under Federal
Rule of Civil Procedure 56.
Attestation: Each separate statement must be signed by counsel or unrepresented party
who has reviewed the document and attests as follows: I attest that the evidence cited herein
fairly and accurately supports or disputes the facts as asserted.
Additional Guidance: The separate statements shall not include argument in support of
the summary judgment motion and shall not be used to circumvent the page limits that apply to
summary judgment briefing. Parties should include only those facts that are actually cited in the
briefs. Facts that are not cited in the summary judgment briefs will not be considered.
Objections to Evidence: Objections to evidence shall be contained within the objecting
party’s brief and shall not be filed as a separate pleading.
X. DISCOVERY
Discovery in almost all cases will be referred to a magistrate judge. The parties must
follow the magistrate judge’s procedures. Upon the development of an impasse with respect to
discovery, the parties must first meet and confer; that is, counsel for each party shall meet and
confer in person or via videoconference to attempt to resolve their dispute informally. A mere
exchange of letters, emails, or telephone calls does not satisfy the meet and confer requirement.
Parties requesting a protective order are encouraged to base any proposed order on the
model protective orders on the Northern District of California’s website
(https://www.cand.uscourts.gov/forms/model-protective-orders/). When filing a proposed
protective order, at the very beginning of their stipulation or motion, parties must indicate
whether they have based their proposed order on one of the Northern District’s model orders. If
they have, they must identify any deviations from the model order by submitting as an exhibit a
redlined or highlighted comparison of their proposed order and the model order.
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XI. CLASS ACTION SETTLEMENTS
In connection with motions for approval of class settlements, the parties shall comply
with the requirements set forth in the Northern District’s Procedural Guidance for Class Action
Settlements, available at https://www.cand.uscourts.gov/forms/procedural-guidance-for-class-
action-settlements/. In addition, the following shall apply.
A. Preliminary Approval
The Court conducts a searching inquiry at the preliminary approval stage to avoid the
costs and pitfalls of proceeding to final approval of a settlement that is unlikely to satisfy Rule
23(e). Release language should make clear that the class members are releasing claims based
only on the identical factual predicate. Hesse v. Sprint Corp., 598 F.3d 581, 590 (9th Cir. 2010).
Each proposed notice should make that clear as well.
If a proposed notice to class members (or prospective class members) requires a written
objection as a prerequisite to appearing in court to object to the settlement, the notice must
specify that this requirement may be excused upon a showing of good cause. The Court will
require only substantial compliance with the requirements for submitting an objection, and this
should be made clear in any notice to class members.
B. Notice and Claims Procedure
The proposed notices, claims forms, and other documents associated with preliminary
approval should be sent in Microsoft Word format to
[email protected]. For large
settlements, the parties are encouraged to include an opt-out form and an objection form.
Proposed notices must be written in plain language without unnecessary acronyms. The
parties should consider using the Federal Judicial Center’s model notices, which are available at
https://www.fjc.gov/content/301253/illustrative-forms-class-action-notices-introduction. The
motion must discuss whether notice by email and/or social media, use of online claims and opt-
out forms, and a website for the settlement are appropriate, and if not, explain why not.
In a proposed settlement involving the distribution of money to a class, the motion must
discuss whether unclaimed funds should be redistributed to class members who claimed their
share, and if not, explain why not. If the settlement requires class members to file claims, as
opposed to simply receiving checks, the motion must address why that is appropriate.
C. Final Approval
In proposing a schedule for final approval of a class settlement, the parties must ensure
that the motion for attorneys’ fees is filed at least 35 days before the deadline for objecting to the
settlement. The Court will order parties to re-send notices if the motion for attorneys’ fees is
filed late. The proposed order granting final approval should list all dates relating to the
administration of the settlement, including the dates for when the checks distributing the
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settlement fund payments will be mailed to class members. The parties shall file a proposed
judgment separately from their proposed order granting final approval.
Within 21 days after the settlement funds have been fully distributed to class members
(but before distribution to cy pres recipients), class counsel will be required to file a Post-
Distribution Accounting, as described in the Northern District’s Procedural Guidance for Class
Action Settlements. In addition to the information contained in the Guidance, the Post-
Distribution Accounting must discuss any significant or recurring concerns communicated by
class members to the settlement administrator or counsel since final approval, any other issues in
settlement administration since final approval, and how any concerns or issues were resolved.
The Court will typically withhold between 10% and 20% of the attorneys’ fees granted at final
approval until after the Post-Distribution Accounting has been filed. The proposed order
granting final approval should specify what percentage class counsel believes it is appropriate to
withhold. With the Post-Distribution Accounting, class counsel should submit a proposed order
releasing the remainder of the fees.
XII. REQUESTS FOR MAGISTRATE JUDGE SETTLEMENT CONFERENCES
The Court generally does not refer cases for settlement with a magistrate judge unless the
parties have already completed one of the other processes set forth in ADR Local Rule 3-4 (i.e.,
Early Neutral Evaluation, Mediation, or Private ADR). Parties who complete one of these
processes without reaching a settlement may request referral to a magistrate judge at that time. If
the parties believe their case merits an exception to this rule, they should discuss their views in
the initial case management statement.
XIII. UNREPRESENTED PARTIES
Parties representing themselves may wish to contact the Federal Pro Se Program, a free
program that offers limited legal services to pro se litigants. The Federal Pro Se Program has an
office in the San Jose Courthouse in Room 2070 on the 2nd Floor. Parties may make
appointments by visiting the office or calling (408) 297-1480. Additional information is
available at https://cand.uscourts.gov/pro-se-litigants/the-federal-pro-se-program-at-the-san-jose-
courthouse/.
IT IS SO ORDERED.
Dated: August 28, 2025
EUMI K. LEE
United States District Judge
13
ATTACHMENT A
Template for Moving Separate Statement
Claim or Defense Moving Party’s Undisputed Facts Opposing Party’s Response &
& Supporting Evidence Supporting Evidence
Claim 3: Breach of Contract
Issue 1. Plaintiff did Fact 1. Defendant issued a [Left blank for opposing party’s
not perform under homeowner’s insurance policy to response]
the contract Plaintiff.
Jones Decl. ¶¶ 4-5 and Ex. A
(policy).
Fact 2. Plaintiff failed to pay
premiums required by the policy.
Jones Decl. ¶ 6
Issue 2. Defendant Fact 3. The policy expressly
did not breach the excludes coverage for loss resulting
contract from theft.
Jones Decl. ¶¶ 9-10 and Ex. A
(policy).
Punitive Damages
Issue 1. Plaintiff Fact 4. Defendant timely
cannot establish that investigated Plaintiff’s insurance
Defendant acted claim.
with oppression, Jones Decl. ¶¶ 18-20.
fraud, or malice
14
Template for Responsive Separate Statement
Claim or Defense Moving Party’s Undisputed Facts Opposing Party’s Response &
& Supporting Evidence Supporting Evidence
Claim 3: Breach of Contract
Issue 1. Plaintiff did Fact 1. Defendant issued a Undisputed.
not perform under homeowner’s insurance policy to
the contract Plaintiff.
Jones Decl. ¶¶ 4-5 and Ex. A
(policy).
Fact 2. Plaintiff failed to pay Disputed. Plaintiff timely paid
premiums required by the policy. the premiums required by the
policy. Smith Dep. 22:4-23:19.
Jones Decl. ¶ 6
Opposing Party’s Additional Material Facts on this Issue
Additional Fact 1. Defendant has [Left blank for moving party’s
failed to record Plaintiff’s timely reply]
premium payments on two prior
occasions.
Smith Dep. 72:8-14.
Issue 2. Defendant Fact 3. The policy expressly Disputed. The policy does not
did not breach the excludes coverage for loss resulting exclude coverage for loss
contract from theft. resulting from theft.
Jones Decl. ¶¶ 9-10 and Ex. A Jones Decl. Ex. A (policy).
(policy).
Punitive Damages
Issue 1. Plaintiff Fact 4. Defendant timely Disputed. Defendant waited
cannot establish that investigated Plaintiff’s insurance more than 4 months before
Defendant acted claim. investigating Plaintiff’s claim.
with oppression, Jones Decl. ¶¶ 18-20. Smith Dep. 79:15-80:4.
fraud, or malice
15
