UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
OAKLAND DIVISION
SETTLEMENT CONFERENCE STANDING ORDER
FOR MAGISTRATE JUDGE AJAY S. KRISHNAN
Updated February 19, 2026
This Standing Order governs cases referred to Magistrate Judge Ajay S. Krishnan for settlement.
1. Prior to the Settlement Conference, the Court will hold at least one telephonic
Scheduling Call with counsel. This meeting may be used to schedule the Settlement Conference,
discuss logistics, field questions, and address any other issues raised to facilitate an effective
Settlement Conference. Both Settlement Conferences and telephonic Scheduling Calls will be set
by Clerk’s Notice. For questions, contact Judge Krishnan’s Courtroom Deputy (CRD), Kim
Means, at
[email protected].
2. Parties should reach out to Ms. Means at the above email address as soon as
practicable after the settlement referral to request a Scheduling Call.
3. Before the Scheduling Call, lead counsel must discuss with their clients and each
other: (a) the optimal time for a Settlement Conference; (b) their mutually available dates; (c) the
availability of insurance; (d) individuals with settlement authority and their attendance; (e)
information to be exchanged before the Settlement Conference; (f) the time needed to evaluate
demands and responses; and (g) any other relevant issues.
4. Settlement Conferences will typically be held in-person, at the Oakland Federal
Courthouse, 1301 Clay Street, Oakland, CA 94612.
5. Counsel shall ensure that whatever discovery is needed for all sides to evaluate
the case for settlement purposes is completed by the date of the Settlement Conference. Counsel
shall cooperate in providing discovery informally and expeditiously.
6. Lead trial counsel shall appear at the Settlement Conference with the parties. Any
party who is not a natural person shall be represented by the person(s) with unlimited authority
to negotiate a settlement. An insured party shall appear with a representative of the carrier with
full authority to negotiate up to the limits of coverage. If a person needs to consult with an absent
party before agreeing to a settlement, that person lacks the authority to negotiate a settlement.
7. Personal attendance of a party representative will rarely be excused by the Court.
To seek to excuse a party from personally attending a Settlement Conference, counsel for that
party shall make the request on the Scheduling Call.
8. Each party shall prepare a Settlement Conference Statement, which must be
LODGED with Judge Krishnan’s chambers (NOT electronically filed) no later than fourteen (14)
calendar days prior to the Settlement Conference. The Settlement Conference Statement shall be
submitted on pleading paper and may not exceed 20 pages (excluding supporting exhibits).
Please three-hole punch the document at the left side. If a party wishes to exceed the page limit,
leave must be requested during the Scheduling Call setting the Settlement Conference date.
9. Each party shall also submit their Settlement Conference Statement in .pdf format
and email their statement to
[email protected].
10. The Settlement Conference Statement shall be served on opposing counsel. Any
party may submit an Additional Confidential Statement to the Court of up to 10 pages (excluding
supporting exhibits), no later than eight (8) days prior to the Settlement Conference date. The
Additional Confidential Statement may respond to the other party’s Settlement Conference
Statement or may convey information that the party wishes to convey only to the settlement
judge. The contents of this confidential statement will not be disclosed to the other parties. If a
defendant plans to assert that it lacks resources and is unable to offer monetary compensation or
that it otherwise does not intend to offer monetary compensation as part of a settlement, it must
notify the Court of this in a confidential statement no later than seven (7) days prior to the
Conference.
11. The Settlement Conference Statement shall include at least the following:
a. A brief statement of the facts of the case.
b. A brief statement of the claims and defenses including, but not limited to,
statutory or other grounds upon which the claims are founded, and a candid
evaluation of the parties’ likelihood of prevailing on the claims and defenses;
and a description of the major issues in dispute.
c. A summary of the proceedings to date and any pending motions.
d. The relief sought.
e. Any discrete issue that, if resolved, would facilitate the resolution of the case.
f. The party’s position on settlement, including present demands and offers and
a history of past settlement discussions.
g. A list of who will attend the Settlement Conference on behalf of each side,
including counsel and insurance representatives.
12. Each party attending a Settlement Conference shall arrive at the Settlement
Conference with an electronic version of a draft settlement term sheet that the party is prepared
to share with the Court upon request. The draft term sheet may contain blanks, as appropriate.
The purpose of the draft term sheet is (a) to ensure that the parties have considered all terms,
including non-monetary terms, that they will insist on, (b) to ensure that the parties have
considered a form of term sheet that will be acceptable to them, and (c) to avoid wasting
Settlement Conference time on drafting term sheets.
13. If this case settles prior to the date set for the Settlement Conference, the parties
shall notify Chambers immediately by contacting Judge Krishnan’s Courtroom Deputy (CRD),
Kim Means, at
[email protected].
IT IS SO ORDERED.
Dated: February 19, 2026
AJAY KRISHNAN
United States Magistrate Judge
