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Judge Kang's Civil Standing Order pdf, 219.36 KB — Kang Peter H

N.D. Cal. Judge Practices (Kang Peter H) · Kang Peter H

1 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 2 SAN FRANCISCO DIVISION 3 STANDING ORDER FOR CIVIL CASES BEFORE MAGISTRATE JUDGE PETER H. KANG 4 (Effective and Last Revised on July 16, 2025) 5 I. APPLICABILITY OF STANDING ORDER 6 Unless otherwise indicated by the Court, this Standing Order applies to all categories of civil 7 cases before Magistrate Judge Peter H. Kang. The Parties shall follow the Federal Rules of Civil 8 Procedure, as well as the Northern District of California’s Local Rules and General Orders, except 9 as expressly modified herein. Counsel shall also comply with the Northern District of California’s 10 Guidelines for Professional Conduct. See https://www.cand.uscourts.gov/professional_ 11 conduct_guidelines. Counsel shall review and be familiar with this Standing Order. Failure to 12 comply with any of the applicable rules and orders, including this Standing Order, may be deemed Northern District of California United States District Court 13 sufficient grounds for sanctions (monetary or otherwise), revocation of pro hac vice admission, 14 referral to appropriate state or local bar authorities, dismissal, entry of default judgment, or other 15 appropriate sanctions. Plaintiff (or in the case of removed cases, any removing Defendant) is 16 directed: (a) to serve copies of this Standing Order and Judge Kang’s Standing Order for Discovery 17 in Civil Cases upon all other Parties to the action within seven (7) calendar days of the appearance 18 of these other Parties, including any subsequently joined Parties, pursuant to Federal Rules of Civil 19 Procedure 4 and 5; and (b) to file with the Clerk of the Court a certificate reflecting such service, in 20 accordance with Civil Local Rule 5-5. 21 II. CONSENT CASES 22 In civil cases that are randomly assigned to Judge Kang for all purposes, the Parties will be 23 provided a Clerk’s notice of the deadline to consent or decline magistrate judge jurisdiction. The 24 form for “Consent or Declination to Magistrate Judge Jurisdiction” is available at: 25 https://cand.uscourts.gov/mj_consent-declination_form_10-2020/. All Parties should promptly file 26 this form indicating their written consent to assignment of a magistrate judge for all purposes, or 27 their written declination of such consent. See Fed. R. Civ. P. 73(b)(2); Civil L.R. 73. 28 If a Party files a dispositive motion (such as a motion to dismiss or a motion for remand), 1 the moving party must file the consent or declination simultaneously with the motion. In no event 2 shall the consent or declination be filed later than the deadlines specified in Civil Local Rule 73- 3 1(a)(1) and (2). 4 The Parties are directed to inform the Court of all reasonable bases for recusal at the earliest 5 possible date. 6 III. AMENDED PLEADINGS 7 All proposed amended complaints, answers, counterclaims, or other pleadings shall be filed 8 contemporaneously with a separate red-line version of the amended document showing the changes 9 made to the previously operative pleading. 10 IV. SCHEDULING HEARINGS AND CONFERENCES 11 Civil Law and Motion is generally heard on Thursdays at 1:30 p.m. unless otherwise ordered 12 by the Court. When Judge Kang is on criminal duty, Civil Law and Motion is heard on Thursdays Northern District of California United States District Court 13 at 2:30 p.m. or as otherwise ordered by the Court. The Parties should notice civil motions for hearing 14 in accordance with the Civil Local Rules (however, with respect to discovery disputes, counsel 15 should review and follow the procedure in Judge Kang’s Standing Order for Discovery in Civil 16 Cases). Counsel need not reserve hearing dates but should check Judge Kang’s calendar (at 17 https://www.cand.uscourts.gov under “Calendar” and “Judges’ Weekly Calendars”) before noticing 18 civil motions for hearing to confirm the Court’s availability. The availability of the civil calendar 19 on Zoom does not constitute a hybrid hearing. All litigants must appear in person unless otherwise 20 ordered by the Court. 21 Criminal Law and Motion is heard on Tuesdays at 1:30 p.m. 22 Case Management Conferences are held on Wednesdays at 11:00 a.m. 23 Pretrial Conferences are held on Wednesdays at 1:30 p.m. 24 All counsel listed on the Parties’ pleadings and briefing must be fully apprised of the status 25 of the pending matter and must be authorized to respond to calendar settings and modifications to 26 the case schedule entered by the Court. 27 Noticed dates may be reset by the Court as Judge Kang’s calendar requires or as otherwise 28 ordered by the Court. Parties (including their counsel) shall not attempt to make ex parte contact 2 1 with Judge Kang or his chambers staff by email, telephone, fax, text or messaging app, or any other 2 means. With the exception of discovery disputes (see Judge Kang’s Standing Order for Discovery 3 in Civil Cases), or unless expressly permitted by the Court, Parties shall not submit letters to the 4 Court, and any communication with the Court must be in pleading form filed manually or e-filed 5 with the Clerk of Court, including but not limited to status reports, requests for continuances, and 6 requests for remote appearances. 7 No changes to the Court’s schedule shall be made except by order of the Court. Parties 8 seeking to continue hearings, request special status conferences, modify briefing schedules, or make 9 any other procedural or scheduling changes shall submit a proposed order and fully executed 10 stipulation explaining the need for the requested modification, or, if stipulation is not possible, a 11 motion for administrative relief. See Civil L.R. 7-11. A Party seeking to enlarge a filing deadline 12 or other matter by way of a motion for administrative relief is admonished to file such a motion Northern District of California United States District Court 13 sufficiently in advance of the filing deadline sought to be enlarged to allow time for any opposition 14 to be filed under Civil Local Rule 7-11(b), and to allow time for the Court to review prior to the 15 original deadline, rather than at the last minute (such as only a day or two before a brief or other 16 matter is due). Continuances are generally disfavored and will be granted only upon a showing of 17 good cause, with a particular focus on diligence (or lack thereof) by the Party seeking the 18 continuance and prejudice that may result if the continuance is denied (or granted). 19 Parties should address all questions regarding scheduling to Judge Kang’s Courtroom 20 Deputy (“CRD”) via email at [email protected]. 21 V. CHAMBERS COPIES 22 Pursuant to General Order 78, no paper or hard courtesy copies will be accepted by Judge 23 Kang pending further order of the Court. Instead, courtesy copies of as-filed documents may be 24 emailed to [email protected]. In addition, any proposed stipulation or proposed order in 25 a case subject to electronic filing shall be sent in Word format by email to 26 [email protected]. This address is to be used only for these purposes, unless otherwise 27 directed by the Court. 28 3 1 VI. CASE MANAGEMENT CONFERENCES 2 The Parties to an action shall file their joint case management conference statement no later 3 than seven (7) calendar days in advance of the case management conference date. The statement 4 must include all elements requested in the “Standing Order for All Judges of the Northern District 5 of California – Contents of Joint Case Management Statement.” See Civil L.R. 16-9. To the extent 6 not already included, the joint case management conference statement may also discuss any issues 7 under Federal Rule of Civil Procedure 16(c)(2) which any of the Parties desire the Court to consider 8 at or in connection with the case management conference. 9 As discussed further herein, the Court recognizes that generative AI (including related 10 technologies and tools) are an evolving area impacting the practice of law and clients. In addition 11 to issues relating to electronic discovery, counsel and parties shall meet and confer on any concerns, 12 issues, and proposals for handling generative AI-related issues specific to or anticipated in their Northern District of California United States District Court 13 case, and shall report on and raise any such AI-related issues in their Joint Case Management 14 Conference and Pretrial Statements. 15 The Parties shall caption their filing to read either “Initial Joint Case Management 16 Statement” or “Further Joint Case Management Statement,” as appropriate. 17 In the joint case management conference statement, any law firm with more than 25 lawyers 18 nationwide shall submit a specific plan for how that firm intends, in this case, to provide 19 opportunities for less experienced lawyers (six years or less out of law school) to develop skills by 20 participating meaningfully in court and in the case, including a plan for such lawyers to argue 21 motions in court, to take and defend depositions, to represent a Party in court at case management 22 and other conferences, to present Party positions at settlement conferences, to present argument 23 during pretrial conferences and during trial, to examine (including cross-examine) witnesses at trial, 24 and to participate meaningfully at any other court proceeding. Specific junior lawyers shall be 25 identified. 26 In cases involving pro se litigants, the Parties shall attempt to file a joint case management 27 statement; if after due diligence, an agreement cannot be reached, the Parties may file separate case 28 management statements, with each statement complying with Civil L.R. 3-4, 16-9, and this Standing 4 1 Order, where each statement shall be limited to seven (7) pages in length. 2 Unless proceeding pro se, each Party shall be represented at each case management 3 conference by counsel knowledgeable about the case and its status, and with full and complete 4 authority to address all of the matters referred to in: (1) the joint case management statement; (2) 5 Federal Rules of Civil Procedure 16(c) and 26(f); (3) the “Standing Order for All Judges of the 6 Northern District of California – Contents of Joint Case Management Statement;” and (4) the orders 7 issued in the instant action, including this Standing Order. Counsel must also have full and complete 8 authority to enter stipulations and make admissions. 9 No scheduled or noticed case management, status, or pretrial conference will be continued 10 by stipulation or agreement of the Parties alone. Noticed conference dates may be continued only 11 as ordered by the Court. If a Party files a motion that would be dispositive of the entire case (e.g., 12 a motion to dismiss or remand), the Parties may file a stipulation and proposed order to continue the Northern District of California United States District Court 13 initial case management conference to fifteen (15) calendar days after the hearing on that case- 14 dispositive motion. If the motion to dismiss (or remand) is not entirely case dispositive, the initial 15 case management conference will not be continued. In their joint case management statement for 16 the initial case management conference, the Parties shall propose a full schedule for their action, 17 including a proposed last day to amend pleadings, regardless of whether they have received a ruling 18 on any such motion to dismiss or remand. 19 Parties shall indicate in their joint case management conference statement (or by a separate 20 notice filed contemporaneously therewith) if they intend to have a less experienced lawyer present 21 a Party’s positions on an issue in dispute or identified for discussion at the case management 22 conference and may request the case management conference be conducted in person for that 23 purpose. 24 Subject to the Court’s calendar, the Court generally encourages in-person appearances for 25 case management, status, and pretrial conferences. Permission for a Party to attend by remote means 26 (e.g., videoconference/Zoom or telephone) may be granted, in the Court’s discretion and on a case- 27 by-case basis, only upon a Party’s filing a motion for administrative relief at least two (2) weeks in 28 advance of the conference should the Court determine that good cause exists to excuse personal 5 1 attendance and that personal attendance is not needed in order to have an effective conference. The 2 facts establishing good cause must be set forth in the motion for administrative relief and supported 3 by declaration(s) under oath establishing those facts. Absent compelling circumstances, the Court 4 will generally not grant a motion for administrative relief to appear by videoconference or 5 telephonically for Parties or counsel who reside or have an office located within any of the Bay Area 6 counties (Alameda, Contra Costa, Marin, Napa, San Francisco, San Mateo, Santa Clara, and 7 Sonoma) or are otherwise located within 100 miles of the courthouse. In addition, the Court 8 generally will not grant a request to appear remotely made by a Party that has raised or identified an 9 issue for discussion or dispute in a case management conference statement. 10 If a motion for administrative relief to appear by remote means is granted, the Party granted 11 remote appearance must contact Judge Kang’s CRD by email for specific instructions on appearing 12 remotely. To ensure the quality of the record, the Parties should avoid the use of mobile phones, Northern District of California United States District Court 13 speakerphones, public telephone booths, or the use of laptops, tablets, or cellphones in other public 14 places. All case management, status and pretrial conferences are audio recorded; they are not 15 reported by a court reporter unless counsel requests a court reporter in advance. 16 VII. MOTIONS 17 A. Form of Filing Motions and Supporting Papers 18 All motions and declarations shall be filed as separate documents. This includes motions 19 and declarations e-filed with the Court. All exhibits to motions should be separately filed on ECF. 20 For example, if the motion is Docket No. 30, and a supporting declaration with 10 exhibits is Docket 21 No. 31, Exhibit A should be filed as Docket No. 31-1, Exhibit B should be Docket No. 31-2, and so 22 on. Electronically filed documents must be text-searchable PDFs whenever possible. In situations 23 where leave of Court has been granted to electronically file a declaration with its exhibits as a single 24 .pdf file, that combined declaration and exhibits must be bookmarked (i.e., if the declaration 25 references an exhibit, the declaration must contain a hyperlink to the corresponding exhibit). The 26 foregoing applies regardless of page length. 27 For motions to seal, any Party who submits a request to file a document or material under 28 seal pursuant to Civil Local Rule 79-5 shall include a statement to inform the Court: (1) whether the 6 1 document, or portion thereof, has been the subject of a previous request to file under seal; and (2) if 2 so, provide the docket numbers of the request and order on the request, and identify whether the 3 request was granted or denied. Parties shall also submit by email to [email protected] a 4 complete unredacted chambers copy of any brief or supporting papers lodged under seal with all 5 confidential material highlighted or otherwise clearly indicating which portions the Parties seek to 6 seal. Parties shall not submit redacted versions of the documents that they seek to seal as chambers 7 copies. 8 Each Party filing a motion shall also file and serve a proposed order that sets forth the relief 9 or action sought and a short statement of the rationale of decision. Each Party opposing a motion 10 may file and serve a proposed order (with a short statement of the rationale of decision) if that Party 11 seeks a specific ruling by the Court other than mere denial of the motion. Any proposed order 12 should be filed contemporaneously with the motion or opposition. As noted above, any proposed Northern District of California United States District Court 13 stipulation or proposed order in a case subject to electronic filing shall also be sent in Word format 14 by email to [email protected]. 15 For discovery motions, see Judge Kang’s Standing Order for Discovery in Civil Cases. 16 B. Summary Judgment Motions 17 For summary judgment motions, each Party or side in an action is presumptively limited to 18 filing one summary judgment motion. Any Party wishing to exceed this limit must request leave of 19 the Court well in advance of the dispositive motions deadline. Counsel are encouraged and expected 20 to raise any such issue in connection with case management statements and conferences. Briefing 21 shall comply with Civil Local Rules 7-2 through 7-5. Separate statements of proposed undisputed 22 facts and/or conclusions of law are prohibited, and thus, will not be considered by the Court. Joint 23 statements of undisputed facts are encouraged and should be filed if agreed upon. If Parties submit 24 excerpts of deposition transcripts in support of or opposition to a motion for summary judgment, 25 they shall highlight the relevant portions for ease of reference. 26 Unless otherwise ordered, the Parties shall meet and confer no later than forty-five (45) 27 calendar days before the end of fact discovery to determine if they will file cross-motions for 28 summary judgment. If so, only four briefs will be allowed: (1) opening brief by the plaintiff side; 7 1 (2) opening/opposition brief by the defense side; (3) opposition/reply brief by the plaintiff side; and 2 (4) reply brief by the defense side. The Parties may agree to reverse the briefing sequence, and may 3 have the defense side file its opening brief first, without order of the Court. The first two briefs are 4 limited to twenty-five (25) pages each; the third brief is limited to twenty (20) pages; and the fourth 5 brief is limited to fifteen (15) pages. Before the first brief is filed, the Parties shall submit a 6 stipulation and proposed order setting a briefing schedule for the cross-motions and a general, one- 7 sentence description of the subject matter of each of the cross-motions. The proposed schedule shall 8 require that the fourth brief must be filed at least twenty-one (21) calendar days before the hearing 9 date on the cross-motions. If the parties agree to change the procedure or scheduling for cross- 10 motions for summary judgment, they may submit a stipulation and proposed order explaining the 11 grounds for such requested change. 12 C. Artificial Intelligence (AI) and Filings with the Court Northern District of California United States District Court 13 The Court is aware of recent developments regarding generative AI and its impact on 14 litigation. Accordingly, the Court provides the following guidance for parties and their counsel in 15 this evolving area. If parties have specific proposals for modifying, adding to, or addressing AI- 16 related issues in their matter, counsel are encouraged and expected to raise such proposals as part of 17 the case management procedures above and as appropriate during the progress of an action. 18 AI and specifically generative AI (as referred to herein) denote a category of automated tools 19 that are capable of formulating unique content, such as text that has not been expressly programmed 20 into the computer system at issue. Generative AI is thus distinguishable from other categories of AI, 21 which may operate based on pre-established algorithms and, of particular relevance to the 22 administration of justice, do not generate original content or text. The Court recognizes that 23 generative AI, AI tools, and the applications using such technology are evolving areas, with 24 changing terminology and technical approaches. Therefore, these provisions are to be reasonably 25 construed as these AI tools develop further, with the overarching purpose of the provisions in mind. 26 At one end of the spectrum of available software tools, the provisions herein do not apply to the use 27 of applications, solutions, or tools which implicate AI for tasks unrelated to or at best tangentially 28 related to the practice of law and not involved in or responsible for the creation or drafting of text 8 1 for submissions to the Court. For example, these provisions do not apply to counsel’s use of 2 software, applications, or vendors’ offerings which may in some way incorporate a technology 3 labeled as “AI” in performing law firm or lawyer administrative or ministerial tasks (e.g., 4 timekeeping, invoicing, HR, accounting, business development, and similar back office or business 5 of law solutions). Nor do these provisions apply to counsel’s or a pro se party’s use of traditional 6 legal research, word processing, spellchecking, grammar checking, or formatting software tools 7 (e.g., Lexis, Westlaw, Microsoft Word, or Adobe Acrobat). 8 AI and Briefs/Pleadings Filed with the Court: As a baseline matter, consistent with 9 Federal Rule of Civil Procedure 11, the Court’s Education Guidelines as set forth in ESI Guideline 10 3.01, and any other applicable legal or ethical guidelines, it is expected that counsel for the parties, 11 including all counsel who have appeared, as well as all others responsible for making representations 12 to the Court or opposing counsel (whether or not they make an appearance) and pro se parties, shall Northern District of California United States District Court 13 competently and responsibly use automated, computer-based software or hardware applications in 14 drafting briefs, pleadings, or other documents to be submitted to the Court, whether such tools are 15 labelled as AI, generative AI, language model, natural language processing tool, machine learning 16 tool, artificial neural network, deep learning neural network, or any other automated generator of 17 text. Counsel and pro se parties shall make use of such tools with competent training, knowledge, 18 and understanding of the limitations and risks of such automated tools. Counsel are expected to 19 abide by existing and evolving California State Bar guidance and advisory opinions on the use of 20 AI in the legal profession, and counsel should conduct themselves in a manner consistent with ABA 21 Resolution 604’s (Feb. 6, 2023) admonishment regarding accountability of individuals and 22 organizations for any use of AI products, systems, and capabilities (and the Resolution’s provisions 23 regarding operators of AI systems and capabilities). See https://perma.cc/A6WC-6X6P. As with 24 any prudent approach in an evolving area of law, counsel and pro se parties are expected to be 25 competent and knowledgeable about evolving judicial and legal standards in the use of generative 26 AI tools, including case law and opinions addressing such issues (not limited to case law imposing 27 sanctions for failure to use generative AI in an ethical manner). 28 Any brief, pleading, or other document submitted to the Court the text of which was created 9 1 or drafted with any use of an AI tool shall be identified as such in its title or pleading caption, in a 2 table preceding the body text of such brief or pleading, or by a separate Notice filed 3 contemporaneously with the brief, pleading, or document. Counsel shall maintain records sufficient 4 to identify, if requested by the Court, those portions of the text of a pleading, brief, or document 5 submitted to the Court which was created or drafted by an AI tool. Parties and counsel shall not file 6 or otherwise present to the Court any briefs, pleadings, materials, other documents, or argument 7 which contain AI-hallucinated citations to law, case or legal citations which are fictitious or non- 8 existent, or any uncorroboratable assertions of law or fact. A pro se party or a counsel’s failure to 9 confirm or double-check the accuracy, veracity, or even existence of a case or legal citation (or 10 assertion of fact) created by an AI tool is grounds for potential sanctions. 11 AI and Evidence: The Court recognizes that, as AI tools proliferate generally in society, 12 there may arise situations in which AI-generated documents or materials (for example, created by a Northern District of California United States District Court 13 Party prior to the commencement of litigation) are or may become exhibits, evidence, or the subject 14 of factual disputes in an action. In such situations, a pro se party or counsel shall follow the 15 procedures below with regard to proffering evidence, documents, or other factual material which 16 that Party or counsel knows or has any reasonable basis to believe is or was created in whole by a 17 generative AI or any AI tool for creating text, documents, images, video, graphics, audio, or any 18 other material: 19 1) If a Party or counsel seeks to file or otherwise present to the Court any such AI-generated 20 evidentiary material, no such material shall be considered unless previously disclosed or 21 produced timely in discovery (or, with respect to demonstrative exhibits, by the deadline for 22 exchange or disclosure of demonstrative exhibits). 23 2) Contemporaneous with the production or disclosure of any such AI-generated evidentiary 24 material, counsel shall serve a Notice to the opposing Party or side identifying such material 25 with sufficient specificity to locate it (such as by Bates or production number, by attaching 26 a copy to such Notice, by promptly responding to any request for counsel to provide a copy 27 of such material, or by any other means which reasonably permits the other Party or side to 28 identify and locate the material promptly). Any such AI-generated material which does not 10 1 have an accompanying Notice shall not be considered by the Court. Absent stipulation 2 between the Parties or other order of the Court on scheduling, at the time of the submission 3 or filing of any such material to the Court, the Party or counsel proffering such AI-generated 4 material to the Court shall file and serve any declarations, affidavits, or sworn testimony to 5 address the material’s authenticity under the Federal Rules of Evidence. 6 3) If a Party or counsel chooses to use an AI or other automated tool as part of a process for 7 creating exhibits, demonstratives, or other material to be filed or presented to the Court, they 8 shall only do so consistent with their ethical and legal obligations and shall use such tools 9 responsibly and with competent training, knowledge, and understanding of the limitations 10 and risks of such automated tools. Parties and counsel shall not file, proffer, or otherwise 11 present to the Court exhibits, demonstratives, or other evidentiary or factual material which 12 contain AI-hallucinated assertions of fact, uncorroboratable statements as to factual matters Northern District of California United States District Court 13 or evidence, or any fictitious or non-existent references or citations to law or fact. A pro se 14 party’s or a counsel’s failure to confirm or double-check the accuracy, veracity, or even 15 existence of a basis for an assertion of fact or evidence created by an AI tool is grounds for 16 potential sanctions. Any exhibit, demonstrative, or other material to be filed or presented to 17 the Court which was created or drafted with any assistance or use of an AI tool shall be 18 identified as such in its title or caption, in a table preceding the body of exhibit, 19 demonstrative, or other material, or by a separate Notice filed contemporaneously with the 20 document or material. Counsel shall maintain records sufficient to identify, if requested by 21 the Court, those portions of that exhibit, document, or material created or drafted by use of 22 an AI tool. 23 AI and Confidentiality: Third parties and non-parties to an action may own and operate 24 publicly available AI tools such as large language models, machine learning tools, artificial neural 25 networks, deep learning neural networks, and all other forms of generative AI for creating text, 26 documents, or other materials. The owner or operator of any such AI tool may have access to, 27 ownership of, or otherwise retain information input or submitted to such AI tool, including queries 28 or prompts. Accordingly, in the course of preparing filings with the Court or other documents for 11 1 submission in an action, counsel and Parties choosing to use an AI or other automated tools shall 2 fully comply with any applicable protective order and all applicable ethical/legal obligations 3 (including issues relating to privilege) in their use, disclosure to, submission to, or other interaction 4 with any such AI tools. Such counsel and parties using any AI tool shall maintain records sufficient 5 to establish and corroborate their compliance with this Standing Order, if asked by the Court, such 6 as by keeping records of all prompts or inquiries submitted to any such third-party AI tools. 7 D. Motion Hearings 8 Parties shall indicate in their motion or opposition papers (or by a separate notice filed 9 contemporaneously therewith) if they intend to have a less experienced lawyer argue all or part of 10 the motion and may request an in-person hearing for that purpose. 11 Subject to the Court’s calendar, the Court generally encourages in-person appearances for 12 motion hearings. Permission for a Party to attend by remote means (e.g., videoconference/Zoom or Northern District of California United States District Court 13 telephone) may be granted, in the Court’s discretion and on a case-by-case basis, only if a Party files 14 a motion for administrative relief at least two (2) weeks in advance of the motion hearing should the 15 Court determine that good cause exists to excuse personal attendance and that personal attendance 16 is not needed in order to have an effective hearing. The facts establishing good cause must be set 17 forth in the motion for administrative relief and supported by declaration(s) under oath establishing 18 those facts. Absent compelling circumstances, the Court will generally not grant a motion for 19 administrative relief to appear by videoconference or telephonically for Parties or counsel who 20 reside or have an office located within any of the Bay Area counties (Alameda, Contra Costa, Marin, 21 Napa, San Francisco, San Mateo, Santa Clara, and Sonoma) or are otherwise located within 100 22 miles of the courthouse. In addition, the Court will not generally grant a motion for administrative 23 relief to appear remotely made by the moving Party on any motion that is the subject of the hearing. 24 If a request to appear by remote means is granted, the Party granted remote appearance must 25 contact Judge Kang’s Courtroom Deputy by email for specific instructions on appearing remotely. 26 To ensure the quality of the record, the Parties should avoid the use of mobile phones, 27 speakerphones, public telephone booths, or the use of laptops, tablets, or cellphones in other public 28 places. All motion hearings are audio recorded; they are not reported by a court reporter unless 12 1 counsel requests a court reporter in advance. 2 Any matters that are taken under submission shall remain submitted until further order of 3 the Court. If the Court rules verbally at a hearing and directs one or both Parties to prepare a 4 corresponding order, the Court fully expects counsel for the Parties to cooperate in preparing any 5 jointly submitted proposed order. 6 VIII. SETTLEMENT 7 Parties and their counsel are directed to review and comply with Judge Kang’s Settlement 8 Conference Standing Order. Parties are encouraged to engage in or continue any ongoing settlement 9 negotiations throughout the course of an action. The Parties shall notify chambers promptly by 10 email at [email protected] if their case settles, particularly if any settlement is 11 prior to a noticed hearing, trial, or other court deadline. 12 IX. UNREPRESENTED (PRO SE) LITIGANTS Northern District of California United States District Court 13 Parties representing themselves are encouraged to review the information and resources 14 provided for pro se litigants contained on the Northern District of California website. Parties may 15 access this information by clicking the “PRO SE LITIGANTS” link located at the top of the Court’s 16 homepage: http://www.cand.uscourts.gov. Legal assistance may also be available to unrepresented 17 litigants through the Legal Help Center, located in Room 2796 on the 15th Floor of the San Francisco 18 Courthouse. Additional information about the program is available in the “Pro Se Litigants” section 19 of the Court’s website or can be obtained by calling (415) 782-8982. 20 X. MODE OF ADDRESS 21 Litigants and lawyers may indicate their preferred pronouns (e.g., she/her, he/him, 22 they/their) and honorifics (e.g., Mr., Ms., Mx., Dr.) either: (a) confidentially by sending a 23 confidential email to [email protected] or mailing a confidential letter to Judge Kang’s 24 chambers; or (b) by making such request non-confidentially by filing a request on the case docket, 25 indicating as such verbally at a hearing or conference with the Court, or by adding such information 26 in the name block or signature block of the pleadings. 27 In actions in which a plaintiff is seeking review of a decision by the Commissioner of the 28 Social Security Administration denying that plaintiff social security payments, the Court generally 13 1 uses the first name and initial of last name (or only the initials) of the plaintiff in its orders to protect 2 the plaintiff’s privacy. 3 XI. COMMUNICATIONS WITH JUDGE KANG’S STAFF 4 Unless ordered otherwise by the Court, Parties are not to participate in communications with 5 Court staff. Parties are not to email requests seeking extensions of dates, remote appearances, or 6 status updates on cases. Any email correspondence which is not requested by the Court will be 7 ignored. 8 Additionally, Parties shall not attempt to make ex parte contact with Judge Kang or his 9 chambers staff by telephone, email, facsimile, text message, messaging app, or any other means. 10 Parties should address all questions regarding scheduling to Judge Kang’s CRD via email at 11 [email protected]. 12 XII. PRACTICE DEVELOPMENT FOR MEMBERS OF THE BAR Northern District of California United States District Court 13 The Court strongly encourages Parties and senior lawyers to permit less experienced 14 lawyers, including lawyers from historically under-represented groups and/or First Generation 15 lawyers, to participate actively in proceedings by presenting argument or a Party’s positions at a 16 case management conference, motion hearing, settlement conference, pretrial conference, or at trial. 17 The Court is amenable to permitting a number of lawyers to present positions or argue for one Party 18 if this creates an opportunity for such lawyers to participate. 19 IT IS SO ORDERED. 20 Dated: July 16, 2025 21 22 PETER H. KANG 23 United States Magistrate Judge 24 25 26 27 28 14
Official source: https://www.cand.uscourts.gov/sites/default/files/standing-orders/PHK-Civil-Standing-Order · retrieved 2026-07-23