UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF CALIFORNIA
DISTRICT JUDGE EDWARD J. DAVILA
STANDING ORDER FOR CIVIL CASES
I. APPLICATION OF STANDING ORDER
Unless otherwise indicated by the Court, this Standing Order applies to all categories
of civil cases assigned to Judge Edward J. Davila. Parties and counsel shall comply
with all aspects of this Standing Order, the Federal Rules of Civil Procedure, the Civil
Local Rules, and all General Orders of the Northern District of California.
All motions filed after September 1, 2022, must conform to this Order. Failure
to comply with any rule or standing order may be grounds for the imposition
of sanctions when appropriate.
II. COMMUNICATION WITH THE COURT
Parties and counsel may contact Judge Davila’s Courtroom Deputy, Cheré
Robinson, at (408) 535-5356 or
[email protected] with any inquiries
regarding scheduling or any other matter.
Parties and counsel shall not engage in any ex parte communication with Judge
Davila or his chambers staff by telephone, facsimile, e-mail or any other means
unless such contact has been authorized in advance.
Judge Davila 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 appropriate motion filed pursuant to the Civil Local Rules.
III. AMENDED COMPLAINTS
All amended complaints shall attach as an exhibit a red-line document showing the
changes made to the previously filed complaint.
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Judge Edward J. Davila
Standing Order for Civil Cases
IV. CIVIL HEARINGS AND TRIALS
A. Motions
1. Civil Motions are heard on Thursdays at 9:00 a.m. by reservation only. Parties
and counsel may reserve a hearing date by contacting Judge Davila’s Courtroom
Deputy, Cheré Robinson, at
[email protected].
2. Motions must be filed and noticed within 14 calendar days of reserving a hearing
date with Judge Davila’s Courtroom Deputy. Failure to timely file any motion
will result in the expiration of the hearing reservation without further notice to
the parties.
3. Absent good cause, the briefing schedule for motions shall allow at least 14 days
between the final filing and the hearing date.
4. All substantive motions, oppositions and replies must comply with the General
Requirements described in Civil Local Rule 3-4 and the page limitations
described in Civil Local Rules 7-2 and 7-3 unless permission has been obtained
from the Court in advance of filing. Footnotes shall be in no less than 12-point
type and shall be double-spaced. Motions for Summary Judgment, Partial
Summary Judgment, or Summary Adjudication must also comply with the
requirements described in Section V of this Standing Order.
5. Any demonstratives or 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. Parties shall provide electronic copies of the demonstratives or
presentations to Judge Davila’s Courtroom Deputy, Cheré Robinson, at
[email protected].
6. Proposed orders are not necessary for most substantive motions, such as motions
for summary judgment and motions to dismiss. The parties should only file
proposed orders in connection with administrative motions, ex parte applications,
and motions that ask the Court to order specific injunctive relief (e.g., a motion
for a preliminary injunction or an application for a temporary restraining order)
or to make factual findings (e.g., a motion to approve a class settlement or a
motion for attorneys’ fees). All proposed orders should be sent in Microsoft
Word format to
[email protected].
7. Judge Davila does not issue tentative rulings on upcoming matters. Any matters
that are taken under submission shall remain submitted until further order of the
Court.
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Judge Edward J. Davila
Standing Order for Civil Cases
B. Case Management Conferences
Civil Case Management Conferences are heard on Thursdays at 10:00 a.m. The
parties shall file a Joint Case Management Conference Statement at least 10 days
prior to the Case Management Conference unless the filing of separate statements is
authorized by Civil Local Rule 16-9(a). All joint statements must 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. Failure to timely file
a Joint Case Management Conference Statement may result in the dismissal of an
action pursuant to Federal Rule of Civil Procedure 41(b).
C. Trial Setting Conferences
1. Trial Setting Conferences are heard on Thursdays at 11:00 a.m. Civil actions will
be scheduled for a Trial Setting Conference approximately 30 days before the
close of fact discovery or on another date selected by the Court. The purpose of
the Trial Setting Conference is to determine the parties’ readiness for trial and
schedule final pretrial and trial dates and deadlines.
2. Joint Trial Setting Conference Statement: No later than 10 days before the Trial
Setting Conference, the parties shall file a Joint Trial Setting Conference
Statement, not to exceed 10 pages in length, containing the following
information:
Jurisdiction: A short statement explaining the basis for the Court’s
subject matter jurisdiction over plaintiff’s claims and defendant’s
counterclaims.
Substance of the Action: A brief description of the parties, a recitation of
the facts and a statement of the principal factual issues in dispute, as well
as a description of the relief sought.
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, the current status thereof, and
any anticipated motions.
Discovery: The status of discovery. If discovery has not been completed,
the scope of any anticipated further discovery, and proposed
modifications to the discovery plan, and a realistic estimate of when
discovery will be complete.
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Judge Edward J. Davila
Standing Order for Civil Cases
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.
Scheduling: Any proposed modifications to the Case Management
Schedule, as well as proposed dates for the Final Pretrial Conference and
Trial.
Other Matters: Such other matters that may facilitate the just, speedy and
inexpensive disposition of the matter.
D. Final Pretrial Conferences
1. Final Pretrial Conferences are heard on Thursdays at 11:00 a.m. No later than 21
days before the Final Pretrial Conference, lead counsel who will try the case shall
meet and confer with respect to:
Settlement of the case;
The preparation of the Joint Final Pretrial Conference Statement;
Preparation and exchange of pretrial materials to be served and lodged;
and
Clarifying and narrowing of the contested issues and disputes for trial.
2. Joint Final Pretrial Conference Statement: No later than 14 days before the Final
Pretrial Conference, the parties shall file and serve a Joint Final Pretrial
Conference Statement containing the following information:
Substance of the Action: A brief description of the parties and the claims
and defenses that remain to be decided with reference to the operative
pleadings that raise the claims and defenses.
Relief Sought: A detailed description of all relief claimed, particularly
itemizing all elements of damages claimed as well as witnesses,
documents, or other evidentiary material to be presented concerning the
amount of damages.
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Standing Order for Civil Cases
Undisputed Facts: A concise statement of all relevant facts to which the
parties will stipulate for incorporation into the trial record without the
necessity of supporting testimony or exhibits, as well as which facts can
be presented at trial upon an agreed statement.
Disputed Factual Issues: A concise list of the issues of facts that are
contested and remain to be determined at trial.
Disputed Legal Issues: A brief statement, without extended legal
argument, of the disputed points of law, including reference to specific
statutes and decisions.
Trial Stipulations: A statement of the proposed stipulations or agreements
that will expedite the presentation of evidence.
Further Discovery or Motions: A statement describing any remaining
discovery or any motion or other matters that must be resolved prior to
trial, including any pending motions in limine. See § IV.D.6.
Disputed Evidentiary Issues: A concise statement of each disputed
evidentiary issue, even if a motion in limine will not be filed on that issue,
including reference to specific statutes and decisions.
Trial Estimate: An updated statement of the total amount of days/hours
needed for the trial.
Other Matters: Such other matters that may facilitate the just, speedy and
inexpensive disposition of the matter.
3. Joint Witness List: No later than 14 days before the Final Pretrial Conference,
the parties shall file a Joint Witness List which contains a list of witnesses likely
to be called at trial, other than solely for impeachment or rebuttal, together with a
brief statement following each name describing the substance of the testimony to
be given.
No party shall be permitted to call any witness in its case-in-chief, without leave
of Court for good cause shown, if that witness is not disclosed on the Joint
Witness List.
4. Joint Exhibit List: No later than 14 days before the Final Pretrial Conference, the
parties shall exchange copies of all exhibits, summaries, and diagrams to be used
at trial other than solely for impeachment or rebuttal and shall file a Joint Exhibit
List which contains a list of all documents and other items to be offered as
exhibits at trial, other than solely for impeachment or rebuttal, along with a brief
statement for each describing its substance or purpose and the identity of the
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Judge Edward J. Davila
Standing Order for Civil Cases
sponsoring witness. This information should be organized in the form of a chart
with plaintiff’s exhibits labeled with numerals 1-1000 and a defendant’s exhibits
labeled with numerals 1001-2000.
No party shall be permitted to offer any exhibit, without leave of Court for good
cause shown, if such exhibit is not disclosed on the Joint Exhibit List unless the
exhibit is offered solely for impeachment or rebuttal.
5. Trial Exhibits: No later than 7 days before the commencement of trial, unless
otherwise ordered, the parties shall deliver three sets of all pre-marked exhibits
organized in three-ring binders to Judge Davila’s Courtroom Deputy.
6. Motions in Limine: No later than 21 days before the Final Pretrial Conference,
unless otherwise ordered, the parties shall file and serve any motions in limine.
Oppositions to motions in limine shall be filed and served no later than 14 days
before the Final Pretrial Conference. Replies shall not be filed.
Each motion in limine should be separate and address a single topic. Motions in
limine and oppositions to motions in limine shall contain no more than 7 pages of
briefing.
7. Deposition and Discovery Designations: No later than 14 days before the Final
Pretrial Conference, unless otherwise ordered, the parties shall file and serve any
excerpts of deposition testimony or other discovery to be offered at trial, other
than solely for impeachment or rebuttal.
Any objections to the use of designated experts and any counter-designations or
deposition testimony shall be filed and served no later than 10 days prior to the
commencement of trial.
8. Jury Materials: No later than 10 days before the Final Pretrial Conference, unless
otherwise ordered, the parties shall jointly file and serve:
Proposed jury voir dire questions;
Proposed jury instructions;
Proposed jury verdict forms; and
A short neutral statement of the case which the Court can read to
prospective jurors.
The Court will ordinarily give the standard preliminary and closing jury
instructions contained in the Model Jury Instructions of the Ninth Circuit prior to
opening statements and after closing arguments.
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Judge Edward J. Davila
Standing Order for Civil Cases
For substantive, case-specific instructions, the parties shall meet and confer
regarding an agreed set of jury instructions using the Model Jury Instructions of
the Ninth Circuit where appropriate. In the event the parties are unable to agree to
the language of a particular instruction, the objecting party shall submit a written
objection or an alternative proposed instruction placed in sequence following the
disputed instruction.
Sets of proposed jury instructions shall be submitted both on paper and in
Microsoft Word format to Judge Davila’s Courtroom Deputy at
[email protected].
9. Proposed Findings of Fact and Conclusions of Law: In any case to be tried
without a jury, each party shall file and serve proposed Findings of Fact and
Conclusions of Law no later than 10 days before the Final Pretrial Conference.
The findings of fact shall set forth in simple separately-numbered declarative
sentences all factual contentions relied upon by the party in support of its claims
or defenses and shall be free from pejorative language and argument.
Conclusions of law shall be supported by appropriate citation to legal authority.
Proposed Findings of Fact and Conclusions of Law shall be submitted both on
paper and in Microsoft Word format to Judge Davila’s Courtroom Deputy at
[email protected].
E. Trials
Trial proceedings are typically conducted on Tuesdays, Wednesdays, and Fridays from
9:00 a.m. to 4:30 p.m., with a break for lunch. The trial schedule may be adjusted and
additional sessions may be added at the discretion of the Court.
F. Settlement and Continuances
1. Notice of Settlement: The parties shall immediately notify the Court of the
settlement of any action by filing a Notice of Settlement which provides an
estimate of when the parties expect the action will be finally resolved through
stipulated dismissal or otherwise. All parties subject to the settlement or their
attorneys shall sign the Notice of Settlement.
For settlements that occur after the Final Pretrial Conference and prior to the
commencement of trial, the parties shall immediately file a Notice of Settlement
and e-mail a copy of the notice to Judge Davila’s Courtroom Deputy at
[email protected]. Jury costs may be assessed for failure to timely file a
Notice of Settlement.
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Judge Edward J. Davila
Standing Order for Civil Cases
2. Continuances: Continuances are disfavored. Any request to continue a motion
hearing date must be made in accordance with Civil Local Rules 6-2 or 6-3. Any
request to continue a scheduled trial date must be made in accordance with Civil
Local Rule 40-1. Jury costs may be assessed for failure to proceed with a
scheduled trial.
G. Telephonic Appearances
The Court encourages in-person appearances for Law and Motion and Case
Management/Pretrial Conferences. However, the Court will consider requests to
appear telephonically or via Zoom on a case-by-case basis. Parties wishing to appear
by telephone or via Zoom shall file and serve an Administrative Request to Appear
Telephonically or via Zoom and Proposed Order at least one week prior to the
scheduled hearing date.
Absent compelling circumstances, the Court will not grant a request to appear
telephonically for parties or counsel who reside or have an office located within any
of the Bay Area counties (Alameda, Contra Costa, Marin, Napa, San Francisco, San
Mateo, Santa Clara, and Sonoma) or those other counties covered by the San Jose
Division (Monterey, San Benito, and Santa Cruz). In addition, the Court will not
generally grant a request by the moving party on a motion.
If a request to appear telephonically is granted, the party granted remote appearance
must contact the Courtroom Deputy for specific instructions on appearing remotely.
To ensure the quality of the record, the parties should avoid the use of mobile phones,
speakerphones, public telephone booths, or phones in other public places.
H. Opportunities for Junior Lawyers
The Court strongly encourages parties to permit less experienced lawyers to actively
participate in the proceedings. In the Joint Case Management Conference
Statement, any law firm with more than 30 lawyers nationwide must submit a
specific plan for how it intends, in the case, to provide opportunities to junior
lawyers (six years or fewer years out of law school) to argue motions in court, to
take depositions, and to examine witnesses at trial. Specific junior lawyers must be
identified.
Parties may indicate in their motion papers if they intend to have a junior lawyer
argue the motion and request a hearing for that purpose.
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Judge Edward J. Davila
Standing Order for Civil Cases
V. MOTIONS FOR SUMMARY JUDGMENT, PARTIAL SUMMARY
JUDGMENT OR SUMMARY ADJUDICATION
A. Limitation and Format
1. One Motion per Party: Unless otherwise permitted by the Court, only one
Motion for Summary Judgment, Partial Summary Judgment or Summary
Adjudication may be filed by each party.
2. Format: All Motions for Summary Judgment, Partial Summary Judgment or
Summary Adjudication must comply with the requirements of this Standing
Order in addition to any requirements or limitations described in the Federal
Rules of Civil Procedure and Civil Local Rules. Any non-compliant motion may
be summarily terminated by the Court.
B. Separate Statement
1. 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.
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 an electronic,
word-processing format for ease of response thereto.
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Judge Edward J. Davila
Standing Order for Civil Cases
The Moving Separate Statement shall be no more than 15 pages and must be
organized in the form of a chart as shown in the following example:
Opposing Party’s
Moving Party’s Undisputed
Claim or Defense Response/Supporting
Facts/Supporting Evidence
Evidence
Claim 3
Breach of Contract
1. Plaintiff did not Fact 1. Defendant issued a
perform under the contract homeowner’s insurance policy to
Plaintiff.
Jones Decl. ¶¶ 4-5 and Ex. A (policy).
Fact 2. Plaintiff failed to pay
premiums required by the policy.
Jones Decl. ¶ 6.
2. Defendant did Fact 3. The policy expressly excludes
not breach the coverage for loss resulting from theft.
contract
Jones Decl. ¶¶ 9-10 and Ex. A (policy).
Punitive Damages
1. Plaintiff cannot Fact 4. Defendant timely
establish that Defendant investigated Plaintiff’s insurance
acted with claim.
oppression, fraud, or
malice Jones Decl. ¶¶ 18-20.
2. Responsive Separate Statement: The papers opposing a Motion for Summary
Judgment, Partial Summary Judgment or Summary Adjudication must include
one Responsive Separate Statement which (a) incorporates the Moving Separate
Statement, (b) indicates whether each of 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.
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Judge Edward J. Davila
Standing Order for Civil Cases
The Responsive Separate Statement shall add no more than 5 pages to the Moving
Separate Statement and must be organized in the form of a chart as shown in the
following example:
Moving Party’s Undisputed Opposing Party’s
Claim or Defense
Facts/Supporting Evidence Response/Supporting Evidence
Claim 3
Breach of Contract
1. Plaintiff did not Fact 1. Defendant issued a Undisputed.
perform under the contract homeowner’s insurance policy to
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.
Jones Decl. ¶ 6.
Smith Dep. 22:4-23:19.
Additional Facts
Defendant has failed to record
Plaintiff’s timely premium
payments on 2 prior occasions.
Smith Dep. 72:8-14.
2. Defendant did Fact 3. The policy expressly excludes Disputed. The policy does not
not breach the coverage for loss resulting from theft. exclude coverage for loss
contract. resulting from theft.
Jones Decl. ¶¶ 9-10 and Ex. A (policy).
Jones Decl. Ex. A (policy).
Punitive Damages
1. Plaintiff cannot Fact 4. Defendant timely Disputed. Defendant waited
establish that Defendant investigated Plaintiff’s insurance more than 4 months before
acted with oppression, claim. investigating Plaintiff’s claim.
fraud, or malice
Jones Decl. ¶¶ 18-20. Smith Dep. 79:15-80:4.
3. 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.
4. Deemed Admitted Unless Controverted: Each numbered fact in the Moving
Separate Statement will be deemed to be admitted for purposes of the motion
unless specifically controverted by the opposing party, so long as the moving
party meets its burden of proof under Federal Rule of Civil Procedure 56.
5. 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.
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Judge Edward J. Davila
Standing Order for Civil Cases
C. Cross-Motion Requirement
Unless otherwise ordered, the parties must meet and confer in advance of the
deadline for dispositive motions to determine if they will file cross-motions for
summary judgment. If so, only four briefs will be allowed: (1) an opening brief by
the plaintiff side; (2) an opening/opposition brief by the defense side; (3) an
opposition/reply brief by the plaintiff side; and (4) reply brief by the defense side.
The parties may agree to reverse the order, and have the defense file its opening
brief first, without order of the Court. Before the first brief is filed, the parties may
submit a stipulation and proposed order setting a briefing schedule for the cross-
motions. The fourth brief must be filed at least 14 days before the hearing date.
Any Cross-Motion for Summary Judgment, Partial Summary Judgment or Summary
Adjudication shall be incorporated into the Opposition to the original like motion.
The combined Opposition/Cross-Motion shall not exceed 25 pages in length.
Any opposition to a Cross-Motion shall be incorporated into the Reply to the
opposition to the original like motion. The combined Reply/Opposition shall be
limited to 15 pages in length.
A Reply to the Opposition to the Cross-Motion may be filed and served not more than
7 days after the filing of the combined Reply/Opposition and shall be limited to 15
pages in length.
D. Objections to Evidence
Objections to evidence shall be contained within the objecting party’s brief and shall
not be filed as a separate pleading.
VI. MOTIONS PURSUANT TO DAUBERT
Motions pursuant to Daubert v. Merrill Dow Pharmaceuticals, Inc., 509 U.S. 579
(1993), challenging the reliability of expert testimony may be noticed for hearing no
later than the dispositive motion hearing date.
VII. MOTIONS TO SEAL
A. Compliance with Civil Local Rules and Standing Order
All Motions to Seal relating to any civil matter assigned to Judge Davila must strictly
comply with Civil Local Rule 79-5 and this Standing Order. Any non-conforming
Motion to Seal may be summarily terminated by the Court.
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Judge Edward J. Davila
Standing Order for Civil Cases
B. Requirements
1. One Motion per Pleading: A separate Motion to Seal must be filed for every
pleading sought to be sealed. Omnibus Motions to Seal which seek to seal
numerous pleadings shall not be filed.
2. Simultaneous Filing of Redacted Motion: When the subject of a sealing request
is a motion (such as a Motion to Dismiss or Motion for Summary Judgment), the
moving party must file the redacted version of the motion sought to sealed as a
separate docket entry on ECF simultaneously with the Motion to Seal. This
separate filing shall occur in addition to attaching the redacted version to the
Motion to Seal. The moving party shall choose the “motion” event type when
uploading the redacted copy to ECF and shall input the reserved hearing date for
the motion sought to be sealed.
Parties shall not submit redacted versions of the documents that the parties seek to
seal as chambers copies. Chambers copies of unredacted documents shall clearly
indicate which portions the parties seek to seal.
VIII. CHAMBERS COPIES
The parties are required to submit chambers copies of pleadings (complaints,
answers, cross-complaints, etc.) and briefing and supporting materials for dispositive
motions. The printed copies shall be marked “Chambers Copy – Do Not File” and
shall be clearly marked with the case number and name of the assigned judge.
Chambers copies shall be mailed or delivered to the Clerk’s Office.
When all or a portion of a filing has been sealed, the parties shall submit only the
unredacted version of that filing. Chambers copies of unredacted documents shall
clearly indicate the portions that are subject to sealing orders.
Whenever possible, the spine of a binder containing chambers copies should not
exceed three inches in width, even if this limitation results in the use of multiple
binders. Documents should be printed on both sides of each sheet of paper.
IX. UNREPRESENTED (PRO SE) LITIGANTS
Parties representing themselves are encouraged to review the information provided
for pro se litigants contained on the Northern District of California website. Parties
may access this information by clicking the “PRO SE LITIGANTS” link located at
the top of the Court’s homepage: http://www.cand.uscourts.gov.
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Judge Edward J. Davila
Standing Order for Civil Cases
Legal assistance may also be available to unrepresented litigants through the Federal
Pro Se Program, located in Room 2070 on the 2nd Floor of the San Jose Courthouse.
Additional information about the program is available on the Pro Se Litigants section
of the Court’s website or can be obtained by calling (408) 297-1480.
IT IS SO ORDERED.
DATED: August 31, 2022
EDWARD J. DAVILA
United States District Judge
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Judge Edward J. Davila
Standing Order for Civil Cases
