Judge P. Casey Pitts · Standing Order on Summary Judgment
Courtroom 8, 4th Floor, Robert F. Peckham Courthouse
280 South First Street, San José, CA 95113
Nicole Coleman (she/her), Courtroom Deputy (CRD)
(408) 535-5346 ·
[email protected]
Unless otherwise indicated by the Court, this Standing Order applies to all summary judgment
motions and responses. This order supplements the Federal Rules, the Civil Local Rules, and
the Standing Order for Civil Cases before Judge Pitts.
MOTIONS & BRIEFING
• One Motion. Each party is limited to one summary judgment motion unless granted leave
to file an additional motion. The Court generally grants leave such only as to discrete issues
whose early resolution could significantly advance the litigation.
• Cross-Motions. The parties must meet and confer to determine if they will file cross-
motions for summary judgment. If so, only four briefs will be allowed:
o plaintiff(s) opening brief of up to 25 pages;
o defense opening/opposition brief of up to 25 pages;
o plaintiff opposition/reply brief of up to 20 pages; and
o defense reply brief of up to 15 pages.
The parties may stipulate to reverse this order and have defense go first.
• Page Limits. Judge Pitts’s Standing Order for Civil Cases identifies how parties may request
page limit extension.
• Evidentiary Objections. Objections to evidence must be contained within the objecting
party’s brief. Judge Pitts does not consider objections filed as a separate pleading.
SCHEDULE
• Hearing. Judge Pitts’ Civil Law & Motion Calendar is held on Thursdays beginning at
10:00AM. Confirm Judge Pitts’s availability before noticing any motion by referencing
unavailable dates at cand.uscourts.gov/pcp.
• Briefing. Stipulate in advance to a schedule that allows at least 21 days between the final
filing and the hearing.
SEPARATE STATEMENTS OF DISPUTED FACTS
• Moving Statement. A party moving for summary judgment, partial summary judgment, or
summary adjudication must include a separate statement identifying each claim or defense
as to which the moving party contends there is no genuine issue to be tried.
Effective August 2024
Judge Pitts · Standing Order for Summary Judgment
• Filing. Upon filing any motion for summary judgment, the moving party shall provide a
Separate Statement of Undisputed Facts to all other parties in a word-processing format.
The statement should not be filed on the docket at that time.
• Contents. For each claim, defense, or part thereof, the moving party 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. The initial statement shall be no more than 15 pages and must be organized as
identified in Attachment A.
• Response. Using the moving party’s initial statement, the party opposing the motion must
respond by (a) indicating whether each of the facts listed in the moving separate statement
is disputed or undisputed; and (b) identifying 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.
The response should add no more than five (5) pages to the statement and must be
organized as identified in Attachment A.
• Reply Statement. The moving party may reply to the response by responding to the
responsive statement in the same manner described above. The reply shall not introduce
any new asserted material facts, and shall add no more than three (3) pages to the statement.
The final statement incorporating both the response and reply must be filed on the docket
with the moving party’s reply brief.
• Citations to Record. All citations in the final Statement must reference the docket and
include the correct page number as shown in the blue ECF header at the top of the
document. All citations should follow this format:
o [Exhibit Name and pin cite], Dkt. No. [X], at [ECF page number].
o For example, if the movant cites paragraph four on page two of the “Jones
Declaration” submitted as the first exhibit to their motion at Dkt. No. 100, the
citation should appear as follows: Jones Decl. ¶ 4, Dkt. No. 100-1, at 2.
• Deemed Admitted. Each numbered fact in the moving statement will be deemed to be
admitted for the purposes of the motion only unless specifically controverted by the
opposing party, so long as the moving party meets its burden under FRCP 56.
• Argument. The separate statement shall not include any supporting argument or be used to
circumvent applicable page limits. Facts that are not cited in the summary judgment briefs
will not be considered.
• 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 Pitts · Standing Order for Summary Judgment
Attachment A
Template for Initial Statement
Claim or Defense Moving Party’s Undisputed Opposing Party’s Response
Facts & Supporting & Supporting Evidence
Evidence
Claim 3: Breach of Contract
Issue 1. Plaintiff did not Fact 1. Defendant issued an [Left blank for opposing
complete performance insurance policy to plaintiff. party’s response]
Jones Decl. ¶¶4-5, Dkt. No.
100-1, at 4; Ex. A (policy),
Dkt. No. 100-2.
Fact 2. Plaintiff failed to pay
premiums required by the
policy.
Jones Decl. ¶ 6, Dkt. No. 100-
1, at 4.
Issue 2. Defendant did not Fact 3. The policy expressly
breach excludes coverage for loss
resulting from theft.
Jones Decl. ¶¶ 9-10, Dkt. No.
100-1, at 5; Ex. A (policy),
Dkt. No. 100-2.
Punitive Damages
Issue 1. Plaintiff cannot Fact 4. Defendant timely
establish that Defendant investigated Plaintiff’s
acted with oppression, fraud, insurance claim.
or malice
Jones Decl. ¶¶ 18-20, Dkt.
No. 100-1, at 8.
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Judge Pitts · Standing Order for Summary Judgment
Template for Response
Claim or Defense Moving Party’s Undisputed Opposing Party’s Response
Facts & Supporting & Supporting Evidence
Evidence
Claim 3: Breach of Contract
Issue 1. Plaintiff did not Fact 1. Defendant issued an Undisputed.
complete performance insurance policy to plaintiff.
Jones Decl. ¶¶4-5, Dkt. No.
100-1, at 4; Ex. A (policy),
Dkt. No. 100-2.
Fact 2. Plaintiff failed to pay Disputed. Plaintiff timely paid
premiums required by the the premiums required by the
policy. policy.
Jones Decl. ¶ 6, Dkt. No. 100- Smith Dep. 22:4–23:19, Dkt.
1, at 4. No. 104-2, at 2.
Opposing Party’s Additional Material Facts on this Issue
Additional Fact 1. Defendant [Left blank for moving party’s
has failed to record Plaintiff’s reply]
timely premium payments
on two prior occasions.
Smith Dep. 72:8–14, Dkt. No.
104-2, at 9.
Issue 2. Defendant did not Fact 3. The policy expressly Disputed. The policy does not
breach excludes coverage for loss exclude coverage for loss
resulting from theft. resulting from theft.
Jones Decl. ¶¶ 9-10, Dkt. No. Jones Decl. Ex. A (policy), Dkt.
100-1, at 5; Ex. A (policy), No. 100-2.
Dkt. No. 100-2.
Punitive Damages
Issue 1. Plaintiff cannot Fact 4. Defendant timely Disputed. Defendant waited
establish that Defendant investigated Plaintiff’s more than 4 months before
acted with oppression, fraud, insurance claim. investigating Plaintiff’s claim.
or malice
Jones Decl. ¶¶ 18-20, Dkt. Smith Dep. 79:15–80:4, Dkt.
No. 100-1, at 8. No. 104-2, at 10.
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