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(8/2011)

IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF

CALIFORNIA

Plaintiff(s),

vs.

Defendant(s).

)

) NO. C- SI )

CASE MANAGEMENT

) CONFERENCE ORDER 

)

)

IT IS HEREBY ORDERED that, pursuant to Rule 16(b), Federal Rules of

Civil Procedure, and Civil L.R. 16-10, a Case Management Conference will be held

in this case before the Honorable Susan Illston on a t 2 : 3 0

p.m. in Courtroom No. 10, 19th floor Federal Building.

Plaintiff(s) shall serve copies of this Order at once on all parties to this

action, and on any parties subsequently joined, in accordance with the provisions

of Fed.R.Civ.P. 4 and 5. Following service, plaintiff(s) shall file certificate of

service with the Clerk of this Court.

Counsel are directed to confer in advance of the Case Management

Conference. Not less than seven days before the conference, counsel shall file a

joint case management statement in compliance with the Civil Local Rules and the

Standing Order for All Judges of the Northern District of California. Failure to

file a joint statement shall be accompanied by a signed declaration setting forth the

grounds for such failure. Failure to show good cause for such failure may subject

the parties to sanctions. 
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Each party shall be represented at the Case Management Conference by

counsel prepared to address all of the matters referred to in this Order, and with

authority to enter stipulations and make admissions pursuant to this Order. The

parties are encouraged to attend.

Any request to reschedule the above dates should be made in writing, and by

stipulation, if possible, not less than ten days before the conference date. Good cause

must be shown.

At the case management conference the parties should be prepared to address

and resolve the following: setting the date and the estimated length of the trial;

setting the date for discovery cutoff; setting the date to designate experts and other

witnesses; and setting the date for the pretrial conference.

Standing Orders: All parties shall comply with the Standing Order for All

Judges of the Northern District of California concerning the contents of the joint

case management conference statement and Judge Illston’s Standing Order.

Failure to comply with this Order or the Local Rules of this Court may

result in sanctions. See Fed.R.Civ.P. 16(f), Civil L.R. 1-4.

NOTICE TO PRO SE LITIGANTS IN NON-PRISONER ACTIONS:

If you are proceeding in this lawsuit without an attorney, and have not been

granted leave to proceed in forma pauperis, then the following directives apply to

you in the prosecution of your case. 

The court hereby ORDERS you to comply with the service requirements of

Rule 4 of the Federal Rules of Civil Procedure as set forth below. Failure to follow

the procedures set forth in this order may result, under Rule 4 (m), in dismissal of

your case.

It is your responsibility to obtain a valid summons from the clerk and to

effect service of the summons and complaint on all defendants in accordance with

 Rule 4 of the Federal Rules of Civil Procedure. If you have named the

United States government, a federal agency, a federal official or a federal
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employee as a defendant, you must comply with the special requirements of Rule

4 (i).

Service may be effected by any person who is not a party and who is at least

18 years of age, which means that you, as a party, may not effect service. If service

of the summons and complaint is not made upon a defendant within 120 days after

the filing of the complaint, your action will, under Rule 4 (m), be dismissed as to that

defendant.

Within 125 days after the filing of the complaint, you must file proof of

service indicating which defendants were served within the 120 days allowed

under Rule 4 (m) and showing, in accordance with Rule 4 (i), how each of those

defendants was served (for example, by attaching appropriate certificates of

service). You must also show cause why a defendant not served within the 120

days allowed under Rule 4 (m) should not be dismissed without prejudice. 

Failure to do these things within the designated time will result in the

dismissal of your case under Rule 4 (m) and Rule 41 (b).

For additional information on procedures for litigating in Federal Court, pro

se litigants are encouraged to call the Court’s Federal Pro Bono Project at 415-782--

9000 x 8657 or visit the Legal Help Center in the Federal Courthouse, 450 Golden

Gate Avenue, 15th Floor, Room 2796, San Francisco, CA 94102.

IT IS SO ORDERED.

Dated: 8/1/11 Susan Illston

United States District

Judge
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JUDGE ILLSTON’S STANDING ORDER

1. Scheduling Days:

Civil Law and Motion Calendar is conducted on Fridays at 9:00

a.m.

Criminal Law and Motion Calendar is conducted on Fridays at

11:00 a.m.

Civil Case Management Conferences are generally conducted on

Fridays at 2:30 p.m. with the order of call determined by the Court.

Pretrial Conferences are generally conducted on Tuesday

afternoons at 3:30 p.m.

Counsel need not reserve motion hearing dates, but may call the

clerk to obtain the next available law and motion calendar. Motions

may be reset as the Court’s calendar requires.

All parties are directed to comply with the Civil Local Rules except

as identified in this Order.

2. Discovery Disputes: 

The parties shall meet and confer in person, or, if counsel are

located outside the Bay Area, by telephone, to attempt to resolve

their dispute informally. A mere exchange of letters, e-mails,

telephone calls, or facsimile transmissions does not satisfy the

requirement to meet and confer. 

If, after a good faith effort, the parties have not resolved their

dispute, they shall prepare a concise joint statement of 5 pages or

less, stating the nature and status of their dispute. Absent an order

of this Court, parties shall not file affidavits or exhibits, other than

copies of the written requests for discovery and the answers or

objections thereto. 

If a joint statement is not possible, each side may submit a brief

individual statement of 2 pages or less. The joint statement or

individual statements shall be filed or e-filed, if in an e-filing case,

and courtesy copies submitted as provided by the Civil Local Rules. 

The Court will advise the parties regarding the need, if any, for

more formal briefing or a hearing, pursuant to Civil Local Rule

7-1(b).
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-5

3. Sealed Documents (Civil L.R. 79-5; G.O. 62): 

This Court does not require the filing of Administrative Motions to

seal (Civil L.R. 7-11). The Court will accept stipulations (Civ. L.R.

7-12) with proposed orders in lieu of the administrative motion. Any

stipulation must be supported by a declaration demonstrating good

cause or compelling reasons justifying the proposed sealing.

4. Courtesy Copies: 

All courtesy copies must be three-hole punched at the left margin. 

All courtesy copies must bear the ECF stamp (case number,

document number, date and page number) on the top of each page.

///

///

5. Summary Judgment Motions:

Parties are limited to filing one motion for summary judgment. Any

party wishing to exceed this limit must request leave of Court.

IT IS SO ORDERED

Dated: January 16, 2013

 

SUSAN ILLSTON

United States District Judge
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-6

STANDING ORDER FOR ALL JUDGES OF THE NORTHERN DISTRICT

OF CALIFORNIA

CONTENTS OF JOINT CASE MANAGEMENT STATEMENT

Commencing March 1, 2007, all judges of the Northern District of California will

require the identical information in Joint Case Management Statements filed

pursuant to Civil Local Rule 16-9. The parties must include the following

information in their statement which, except in unusually complex cases, should

not exceed ten pages:

1. Jurisdiction and Service: The basis for the court’s subject matter

jurisdiction over plaintiff’s claims and defendant’s counterclaims, whether any

issues exist regarding personal jurisdiction or venue, whether any parties remain

to be served, and, if any parties remain to be served, a proposed deadline for

service.

2. Facts: A brief chronology of the facts and a statement of the

principal factual issues in dispute.

3. Legal Issues: A brief statement, without extended legal argument, of the

disputed points of law, including reference to specific statutes and decisions.

4. Motions: All prior and pending motions, their current status, and any

anticipated motions.

5. Amendment of Pleadings: The extent to which parties, claims, or defenses

are expected to be added or dismissed and a proposed deadline for amending the

pleadings.

6. Evidence Preservation: Steps taken to preserve evidence relevant to the

issues reasonably evident in this action, including interdiction of any

document-destruction program and any ongoing erasures of e-mails, voice mails,

and other electronically-recorded material.

7. Disclosures: Whether there has been full and timely compliance with the

initial disclosure requirements of Fed. R. Civ. P. 26 and a description of the

disclosures made.

8. Discovery: Discovery taken to date, if any, the scope of anticipated

discovery, any proposed limitations or modifications of the discovery

rules, and a proposed discovery plan pursuant to Fed. R. Civ. P. 26(f).
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-7

9. Class Actions: If a class action, a proposal for how and when the class will

be certified.

10. Related Cases: Any related cases or proceedings pending before another

judge of this court, or before another court or administrative body.

11. Relief: All relief sought through complaint or counterclaim, including the

amount of any damages sought and a description of the bases on which damages

are calculated. In addition, any party from whom damages are sought must

describe the bases on which it contends damages should be calculated if liability

is established.

12. Settlement and ADR: Prospects for settlement, ADR efforts to date, and a

specific ADR plan for the case, including compliance with ADR L.R. 3-5 and a

description of key discovery or motions necessary to position the parties to

negotiate a resolution.

13. Consent to Magistrate Judge For All Purposes: Whether all parties will

consent to have a magistrate judge conduct all further proceedings including

trial and entry of judgment.

14. Other References: Whether the case is suitable for reference to binding

arbitration, a special master, or the Judicial Panel on Multidistrict Litigation.

15. Narrowing of Issues: Issues that can be narrowed by agreement or by

motion, suggestions to expedite the presentation of evidence at trial (e.g., through

summaries or stipulated facts), and any request to bifurcate issues, claims, or

defenses.

16. Expedited Schedule: Whether this is the type of case that can be handled

on an expedited basis with streamlined procedures.

17. Scheduling: Proposed dates for designation of experts, discovery

cutoff, hearing of dispositive motions, pretrial conference and trial.

18. Trial: Whether the case will be tried to a jury or to the court and the

expected length of the trial.

19. Disclosure of Non-party Interested Entities or Persons: Whether each

party has filed the “Certification of Interested Entities or Persons” required by

Civil Local Rule 3-16. In addition, each party must restate in the case

management statement the contents of its certification by identifying any

persons, firms, partnerships, corporations (including parent corporations) or

other entities known by the party to have either: (i) a financial interest in the

subject matter in controversy or in a party to the proceeding; or (ii) any other

kind of interest that could be substantially affected by the outcome of the

proceeding.
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-8

20. Such other matters as may facilitate the just, speedy and inexpensive

disposition of this matter.