UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF CALIFORNIA
STANDING ORDER FOR ALL CIVIL CASES BEFORE
DISTRICT JUDGE NOËL WISE
A. Conformity with Rules
The parties must follow 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General Orders of the Northern District of California, except as superseded by this Court’s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.
B. Service of This Order
Within five days of the filing of the complaint, the reassignment of a case to this Court, or the
addition of a new party, the plaintiff must serve on all parties a copy of this order and the
Standing Order for All Judges of the Northern District of California: Contents of Joint Case
Management Statement.
C. Court Schedule
All civil motions must be noticed for a hearing in accordance with Civil Local Rule 7-2(a)
except: (1) motions for leave to appear pro hac vice; (2) motions to enlarge or shorten time
pursuant to Civil Local Rule 6-1; and (3) motions for administrative relief pursuant to Civil
Local Rule 7-11. The Court does not hold hearings for these administrative motions.
Judge Wise hears civil motions by reservation only on Wednesdays at 9:00 a.m., in Courtroom
3, 5th Floor, United States District Court, 280 South First Street, San Jose, California.
Parties must consult Judge Wise’s weekly calendar and scheduling notes, available at
https://www.cand.uscourts.gov/judges/wise-noel-nw/, for the most recent information regarding
when and where hearings will be held. After reviewing the website, counsel or unrepresented
parties shall meet and confer to identify mutually agreeable dates. Parties shall jointly contact
Judge Wise’s Courtroom Deputy, Allie Warren, at (408) 535-5332 or
[email protected]
to reserve a hearing date. When reserving a hearing date, parties must inform Ms. Warren of the
number and type(s) of motions to be filed.
No party will be given reservations for more than two motions without leave of Court, nor will
the Court hear more than two motions per party at a particular hearing without leave of Court or
a Court Order. Any party wishing to exceed this limit must file a motion with the Court and
demonstrate good cause for the request.
Once a party reserves a hearing date, the party shall file their motion(s) no later than three
business days (Saturdays, Sundays, and court holidays are excluded) following the date of the
reservation confirmation email. If a party fails to timely file any motion, the hearing reservation
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will expire without further notice to the parties, and the moving party must obtain a new
reservation before filing the motion(s).
No party shall file a motion without first obtaining a hearing date as described above. Any
motion filed without a reserved hearing date will be stricken from the docket by the Court, and
the party may not refile until they obtain a reservation from the Courtroom Deputy.
The Court may reset noticed hearing dates as its calendar requires. The Court may determine a
matter is suitable for disposition without oral argument and vacate the hearing on the matter.
Case management conferences are held on Tuesdays at 9:00 a.m. If a matter is set for a hearing,
the Court may elect to hold a case management conference in conjunction with that hearing.
The Court conducts pre-trial hearings on Wednesdays at 2:00 p.m.
Bench and jury trials commence on Mondays at 9:00 a.m. and continue through Thursday of
each week. Depending on the projected length of the trial, the Court will utilize a 4.5 hour, half
day schedule (9:00-1:30 with two 15-minute breaks), or a 6.5 hour, full-day schedule (9:00-4:30
with a thirty-minute lunch break, and two 15-minute breaks, one in the morning and one in the
afternoon).
All filing deadlines are at 5:00 p.m. unless otherwise ordered.
D. Remote Hearings
The Court holds case management conferences via Zoom webinar unless otherwise noted. All
other hearings before the Court shall be held in person unless otherwise noted or if leave is
granted.
Parties wishing to appear via Zoom shall file and serve an administrative request to appear via
Zoom and a proposed order at least one 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://www.cand.uscourts.gov/wise-noel-nw/). 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.
E. Invitation to Self-Identify Pronouns and Honorifics
Litigants and lawyers are invited to indicate their pronouns or honorifics by adding the
information in the name block or signature line of a court filing or informing the Court when
making an appearance.
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F. Joint Case Management Statement and Initial Case Management Conference
Parties are required to file a joint case management statement not less than eighteen (18)
calendar days before a scheduled case management conference, unless the Court sets a different
deadline. Parties shall not deliver courtesy copies of their joint case management statement to
the Court unless requested.
Unless otherwise ordered, the parties’ statement must comply with the terms of the Standing
Order for All Judges of the Northern District of California: Contents of Joint Case Management
Statement and Civil Local Rule 16-9. Parties must not incorporate prior case management
statements by reference.
In their joint case management statement for the initial case management conference, the parties
must propose a full litigation schedule, including a deadline to complete ADR, regardless of
whether they have received a ruling on any motion to dismiss. Parties must select one of the
forms of ADR listed in the chart below. Target dates and deadlines are set forth below,
including ranges to account for the complex nature of the case. Parties must explain proposals
that deviate from the timeline set forth below.
The Court may vacate a case management conference and issue a Case Management and Pretrial
Order.
Case Stage Deadline
Close of Fact Discovery 241 days before trial
Deadline to Complete ADR: Approximately 220 days before trial
[ ] Court-sponsored
mediation
[ ] Court-sponsored ENE
[ ] Mag. Judge Settlement
Conf.
[ ] Private mediation
[ ] Private arbitration
[ ] Other:
Opening Expert Reports 213 days before trial
Rebuttal Expert Reports 185 days before trial
Close of Expert Discovery 164 days before trial
Deadline to File 143 days before trial
Dispositive/Daubert Motions
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Hearing on 89 days before trial
Dispositive/Daubert Motions
and Trial Readiness
Conference
Joint Pretrial Conference 33 days before trial
Statement
Pretrial Conference 19 days before trial
Trial Within 12 to 20 months of the initial case management
conference
In the section of the joint case management statement addressing “Other References,” the parties
must indicate whether all parties consent to the jurisdiction of a magistrate judge.
G. Electronically Stored Information
Parties must review in detail the Northern District’s electronically stored information (“ESI”)
guidelines and checklist for Rule 26(f) conferences, which are available at
https://cand.uscourts.gov/eDiscoveryGuidelines. The Court discourages deviation from the ESI
guidelines absent good cause. Failure to meet and confer regarding the required topics prior to
the initial case management conference, including alternative dispute resolution and ESI, may, in
the reasonable exercise of the Court’s discretion, result in sanctions or disciplinary action.
H. Stipulated Protective Orders and Orders Re: Discovery of Electronically Stored
Information (ESI)
Parties who seek a protective order or order re: discovery of ESI must, where practicable, use
one of the model stipulated orders available at https://cand.uscourts.gov/model-protective-orders
or https://cand.uscourts.gov/eDiscoveryGuidelines. Parties must file one of the following with
any proposed protective order or order re: discovery of ESI: (a) a declaration stating that the
proposed order is identical to one of the model orders except for the addition of case-identifying
information or the elimination of language denoted as optional; (b) a declaration explaining each
modification to the model order, along with a redline version comparing the proposed order with
the model order; or (c) a declaration explaining why use of one of the model orders is not
practicable. Proposed orders that are not accompanied by one of the required declarations will
be denied without prejudice.
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I. Discovery Matters
Discovery in all cases will be referred to a magistrate judge. The parties must follow the
magistrate judge’s procedures. Case scheduling orders will not be shifted to accommodate
pending discovery motions. Parties are advised to file discovery motions in a timely manner.
J. Motions to Seal
Parties are reminded that court proceedings are presumptively public, and no document shall be
filed under seal without request for a court order that is narrowly tailored to cover only the
document, the particular portion of the document, or the category of documents for which good
cause exists for filing under seal.
Motions to seal documents shall be filed in accordance with Civil Local Rule 79-5. In addition,
each administrative motion filed pursuant to Civil Local Rule 79-5(c) and declaration filed
pursuant to Civil Local Rule 79-5(f)(3) shall include a chart, in the format set forth below, which
includes the following four columns: (1) ECF 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 Title Portion to be Sealed Basis for Sealing
Each administrative motion filed pursuant to Civil Local Rule 79-5(c) and declaration filed
pursuant to Civil Local Rule 79-5(f)(3) shall be submitted in Word format by email to
[email protected] on the same day of filing.
Electronic courtesy copies of sealed documents are required when a filed document consists of
multiple parts and includes more than one part sought to be filed under seal—for example, a
declaration with six exhibits, three of which are sought to be filed under seal. Parties must
submit a single PDF of the entire document either by (a) following the instructions for Uploading
Digital Exhibits available at https://cand.uscourts.gov/attorneys/attorney-practice-resources,
using the “Chambers Copies ONLY” Case Type, and selecting the “SEALED” dropdown in the
box under “Case Name” or (b) contacting the Courtroom Deputy at
[email protected] to
arrange a different method of delivery (e.g., sharing a secured file link).
Each exhibit must be bookmarked, and sealed material or material sought to be filed under seal
must be highlighted. Where possible, the PDF must bear the ECF stamp (case number,
document number, date, and page number) at the top of each page.
K. Motions for Summary Judgment
Absent good cause, the Court will consider only one motion for summary judgment per party and
only two Daubert motions per party. Any party wishing to exceed these limits must request leave
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of court and must show good cause. The Court construes “party” in this context to include
affiliates.
Parties are ordered in their Case Management and Pretrial Order, see above Section F, to file
their dispositive and Daubert motions by a set deadline. The parties are also provided a set
hearing date for those motions. If the parties seek to file a motion for summary judgment sooner
than the deadline, and accordingly request an earlier hearing date, the parties must follow the
Court’s standard procedure for reserving a hearing date and noticing the motion (see above
Section C).
Unless otherwise ordered, 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: (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 have the defense file its opening brief first, without order of the Court. The first two briefs
are limited to 25 pages; the third brief is limited to 20 pages; and the fourth brief is limited to
15 pages. Before the first brief is filed, the parties must submit a stipulation and proposed order
setting a briefing schedule for the cross-motions. The fourth brief must be filed at least 21 days
before the hearing date.
Opening Statement of Undisputed Material Facts (“SUMF”): 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 Opening SUMF should
not exceed fifteen (15) pages. For each claim, defense, or part thereof, the Opening SUMF 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 Opening SUMF to all other parties in Microsoft Word format for
ease of response thereto. The Opening SUMF must be organized in the form of a chart as shown
in Attachment A.
Responsive SUMF: The papers opposing a motion for summary judgment, partial summary
judgment, or summary adjudication must include a Responsive SUMF which: (a) incorporates
the Opening SUMF; (b) indicates whether each of the facts listed in the Opening SUMF 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 SUMF should add no more than five (5) pages to the Opening
SUMF. The Responsive SUMF must be organized in the form of a chart as shown in
Attachment A.
Reply SUMF: The moving party may file a Reply SUMF which incorporates and responds to
the Responsive SUMF in the same manner described above. The Reply SUMF shall not
introduce any new asserted material facts.
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Deemed Admitted Unless Controverted: Each numbered fact in the Opening SUMF 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 SUMFs 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 SUMFs 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 must 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.
L. Cross-Motions under Rule 52 of the Federal Rules of Civil Procedure
If parties intend to resolve a case under cross-motions for judgment brought under Rule 52 of the
Federal Rules of Civil Procedure, they must follow the same briefing and scheduling guidelines
set forth above regarding cross-motions for summary judgment.
M. Motions for Attorney’s Fees
In addition to the motion, memorandum, and evidence, a party moving for attorney’s fees must
provide the Court with a chart, in the format set forth below, summarizing the hours expended on
the major tasks in the case. While the Court has suggested several categories of tasks, the
moving party may add or modify categories as necessary. The Court is primarily interested in
the number of hours spent per task and per attorney, along with the effective billing rate
associated with those hours. The total number of hours reflected in this chart must be identical to
the number of hours set forth in the fees motion.
Electronic copies of the chart must be sent in Word format to
[email protected]
Task Atty A Atty B Atty C
Billing Rate
Compl. and Pre-Compl. Investigation
Discovery
Motion Practice (specify motion)
Settlement Efforts
Client Communication
Miscellaneous (describe)
Total Hours
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N. Class Action Settlements
Any motion for preliminary or final approval of a class action settlement must address the
respective guidelines in the Northern District of California’s Procedural Guidance for Class
Action Settlements, available at https://cand.uscourts.gov/forms/procedural-guidance-for-class-
action-settlements/, in the order the guidelines are presented on the website.
As reflected in the Guidance, the Court will require a post-distribution accounting within 21 days
after the distribution of settlement funds. 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 25% of the attorney’s fees granted at final
approval until after the post-distribution accounting has been filed. The final approval motion
must specify what percentage class counsel believes it is appropriate to withhold and why. Class
counsel must file a proposed order releasing the remainder of the fees when they file their post-
distribution accounting.
O. Patent Cases
1. Joint Claim Construction Statement
The joint claim construction statement required by Patent Local Rule 4-3 must include a chart, in
the format set forth below, listing each disputed term, phrase, or clause (by claim); each party’s
proposed construction; and support for each party’s proposed construction side by side.
Electronic copies of the chart included in the joint claim construction statement must be sent in
Word format to
[email protected].
’xxx Patent Patent Owner’s Proposed Accused Infringer’s Proposed
Claim Language Construction and Evidence in Construction and Evidence in
Support Support
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1. “A method for PROPOSED CONSTRUCTION: PROPOSED CONSTRUCTION:
counting ducks, duck: a bird that quacks duck: a bird that swims
comprising the steps of: .
. .” DICTIONARY/TREATISE DICTIONARY/TREATISE
[or alternatively] DEFINITIONS: DEFINITIONS:
Webster’s Dictionary (“duck: Random House Dictionary (“An
ducks bird that quacks”); aquatic bird”);
Found in claim numbers: Field Guide (“bird call: quack”) Field Guide (same)
’xxx Patent: y, z
INTRINSIC EVIDENCE: INTRINSIC EVIDENCE:
’xxx Patent col. _: ’xxx Patent col _: (“ducks
(“distinctive honking”); may be found on or near bodies
Prosecution History at of water”);
(“This patent is distinguished Prosecution History at (“water
from the prior art in that the fowl are particularly amenable to
quacking of the bird is featured”). being counted by this method”).
EXTRINSIC EVIDENCE: EXTRINSIC EVIDENCE:
McDonald Depo. at xx:xx (“I’d G. Marx Depo at xx:xx (“like a
say the quacking makes it a duck to water”); ’ 456 Patent at
duck”); ’ 123 Patent at col _: ; col _: ; Daffy Decl. at ¶ .
Donald Decl. at ¶ .
2. Courtesy Copies of Claim Construction Materials
To assist the Court with claim construction, the patent owner shall deliver to the Court two hard
copies of all claim construction materials, including the joint claim construction statement,
opening claim construction brief, responsive claim construction brief, and reply claim
construction brief. The patent owner shall also include two hard copies of the patents in dispute.
Two binders containing the hard copies, printed double-sided and in color, shall be delivered to
the Clerk’s Office (Clerks Office, 2nd Floor, 280 South 1st Street, San Jose) no later than seven
(7) days before the technology tutorial or sixteen (16) days before the claim construction hearing,
whichever is earlier.
P. Private Securities Litigation Reform Act (“PSLRA”) Cases
The PSLRA requires the Court to appoint a lead plaintiff and lead counsel in any cases brought
under the statute. See 15 U.S.C. § 78u-4(a)(3). If and when a lead plaintiff files an amended
complaint, lead plaintiff must set out in chart form its securities fraud allegations under the
following headings on a numbered, statement-by-statement basis: (1) the speaker(s), date(s), and
medium; (2) the false and misleading statements; (3) the reasons why the statements were false
and misleading when made; and (4) the facts giving rise to a strong inference of scienter. An
exemplar can be found at In re SVB Financial Group Securities Litigation, No. 5:23-cv-01097-
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NW, ECF Nos. 88-1 and 88-2. The chart may be attached to or contained in the consolidated
complaint, but in any event will be deemed to be a part of the complaint.
Q. Skills Development
The Court welcomes and encourages oral argument by less-experienced attorneys on any matters
argued before the Court.
R. Requests to Extend Deadlines or Continue Hearing Dates
Parties seeking to modify a Court ordered deadline or a deadline set by Federal or local rules
must explain “with particularity the reasons for the requested enlargement.” Civ. L.R. 6-2(a).
Requests to extend deadlines or continue hearing dates will generally only be granted if: (a) the
request maintains the number of days between when the reply brief is due and the date of the
hearing; (b) the requesting party has demonstrated that there is good cause (e.g., an unforeseen
emergency); and (c) the time extension is narrowly tailored to address the good cause. Good
cause includes if the parties attest they have reached a complete, written settlement agreement,
not a settlement in principle.
Any request must be filed at least three business days prior to the deadline or hearing sought to
be extended or continued. If the request is made by administrative motion rather than
stipulation, any opposition must be filed (a) no later than 12:00 p.m. one business day before the
deadline or hearing in question or (b) within the time allowed by Civil Local Rule 7-11,
whichever is sooner.
S. Briefing and Filing Guidelines
1. Requests to Enlarge Page Limits
Requests to enlarge page limits will rarely be granted, but any such requests must be filed at least
three business days prior to the filing deadline. If the request is made by administrative motion
rather than stipulation, any opposition must be filed (a) no later than 12:00 p.m. one business day
before the deadline in question or (b) within the time allowed by Civil Local Rule 7-11,
whichever is sooner.
2. Footnotes
Footnotes are often unnecessary and must be employed sparingly. When used, they must appear
in no less than 12-point type. Excessive footnotes will be disregarded.
3. Citations
The Court prefers Westlaw citations for unpublished opinions that are not included in the Federal
Supplement, Federal Rules Decisions, or the Federal Appendix.
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4. Format of Electronic Filings
Electronically filed documents must be text-searchable PDFs whenever possible. This
requirement is waived for self-represented litigants who are proceeding without a lawyer.
5. Visual Aids
Where appropriate, charts, graphs, or other visual aids can be helpful to the Court. The parties
are encouraged to incorporate such visual aids in briefing or as attachments to briefs so long as
it does not cause a party to exceed their page-limit.
6. Amended Pleadings
If a party files an amended pleading, they shall concurrently file a redlined or highlighted version
comparing the amended pleading to the prior operative pleading. Parties must show their
changes in-line, not in text bubbles.
7. Courtesy Copies and Proposed Orders 1
The parties are required to submit two courtesy copies of (1) electronic media that is manually
filed, (2) pretrial filings, including papers associated with motions in limine, (3) all briefs that
exceed 10 pages; and, (4) all supporting materials for dispositive motions, Daubert motions,
motions for class certification or approval of a class settlement, and motions to seal. The Court
may request courtesy copies of other documents but discourages their unsolicited submission.
Courtesy copies must be lodged with the Clerk’s office in San Jose and must be double-sided and
three-hole-punched at the left margin. Courtesy copies of e-filed documents must bear the ECF
stamp (case number, document number, date, and page number) on the top of each page. Side
tabs, rather than bottom tabs, must be used to separate exhibits.
If the filing includes exhibits over two-inches thick, the parties shall provide the courtesy copies
in a binder. The quality, condition, and labeling of binders, when used, must be such that the
Court can easily identify, review, and transport the binders’ contents. Whenever possible, the
spine of a binder should not exceed three inches in width, even if that limitation results in the use
of more than one binder.
Courtesy copies shall be provided to the Court in envelopes, boxes, or other packaging clearly
marked with (1) the case name and number, (2) “Judge Wise,” and (3) “Courtesy Copy.”
Courtesy copies shall be mailed for receipt or delivered to the Clerk’s Office within two court
days after the materials are filed.
1
This section’s requirements are waived for self-represented litigants who are proceeding
without a lawyer.
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Electronic copies of proposed orders must be sent in Word format to
[email protected]
on the day of filing.
8. Electronic Filings After Hearings or Case Management Conferences
Any materials used during a hearing or case management conference shall be electronically filed
within seven days of the hearing or case management conference.
T. Requests for Settlement Conferences with a Magistrate Judge
The Court receives more requests than it can accommodate for magistrate judge settlement
conferences. As a result, with limited exceptions, 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: 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. If they seek a
referral before the initial case management conference, they may file a joint request for an early
case management conference.
Dated: June 9, 2026
_____________________________________
NOËL WISE
United States District Judge
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ATTACHMENT A
Template for Opening SUMF
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 a [Left blank for opposing
perform under the contract homeowner’s insurance party’s response]
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
Issue 2. Defendant did not Fact 3. The policy expressly
breach the contract excludes coverage for loss
resulting from theft. Jones
Decl. ¶¶ 9-10 and Ex. A
(policy).
Punitive Damages
Issue 1. Plaintiff cannot Fact 4. Defendant timely
establish that Defendant acted investigated Plaintiff’s
with oppression, fraud, or insurance claim. Jones Decl.
malice ¶¶ 18-20.
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Template for Responsive SUMF
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 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
premiums required by the paid the premiums required
policy. Jones Decl. ¶ 6 by the policy. Smith Dep.
22:4-23:19.
Opposing Party’s Additional Material Facts on this Issue
Additional Fact 1. Defendant [Left blank for moving
has failed to record Plaintiff’s party’s reply]
timely premium payments on
two prior occasions. Smith
Dep. 72:8-14.
Issue 2. Defendant did not Fact 3. The policy expressly Disputed. The policy does not
breach the contract excludes coverage for loss exclude coverage for loss
resulting from theft. Jones resulting from theft. Jones
Decl. ¶¶ 9-10 and Ex. A Decl. Ex. A (policy).
(policy).
Punitive Damages
Issue 1. Plaintiff cannot Fact 4. Defendant timely Disputed. Defendant waited
establish that Defendant acted investigated Plaintiff’s more than 4 months before
with oppression, fraud, or insurance claim. Jones Decl. investigating Plaintiff’s
malice ¶¶ 18-20. claim. Smith Dep. 79:15-
80:4.
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