Free Clerk's Notice - District Court of California - California

Case 3:07-cv-02423-MJJ Document 5-2 Filed 05/22/2007 Page 1 of 3
IN THE UNITED STATES DISTRICT COURT ;
FOR THE NORTHERN DISTRICT OF CALIFORNIA Q
STANDING ORDER Q
JUDGE MARTIN J. JENKINS I
Courtroom 11, 19th Floor j
Monica Tutson, Courtroom Deputy E
(415) 522-2123
All counsel are hereby ordered to familiarize themselves with the Federal Rules of Civil
Procedure and the Local Rules of the Northern District of California.
1. COURT DATES: The Court will hear the following matters on the following days and
times:
a. Civil Law and Motion Calendar is heard on Tuesday at 9:30 a.m.
b. Criminal Calendars are heard every other Thursday at 2:00 p.m. in San
Francisco and every other Friday at 2:30 p.m. in Oakland.
c. Case Management/Status Conferences are held on Tuesday at 2:00 p.m.
d. Civil Pretrial Conferences are held on Tuesday at 3:30 p.m.
2. MOTIONS: Motions shall be filed and set for hearing in accordance with Civil Local
Rule 7 and this Court's Standing Order. Motions shall not be noticed for hearing on a
Tuesday following an official court holiday that falls on a Monday. Pursuant to Civil
Local Rule 7-1 (b), the Court may, in it’s discretion, adjudicate motions without oral
argument. An opposing’s party failure to file a memorandum of points and authorities
in opposition to any motion shall constitute consent to the granting of said motion;
3. SUMMARY JUDGMENTIADJUDICATION: Pursuant to Civil Local Rule 56-2, in any
pending motion for summary judgment or summary adjudication, the parties are
ordered to meet, confer and submit, on or before ten (10) court days prior to the date
of the hearing, a joint statement of undisputed facts. Only one joint statement of
undisputed facts, signed by all parties, should be filed.
4. CHAMBERS COPIES: Pursuant to Civil Local Rule 5-1 (b), counsel shall submit an
extra copy of any document filed with the Court, marked by counsel as a copy for
"Chambers." Chambers copies shall be submitted of any electronically filed document
ten (10) pages or more in length. However, Chambers copies shall be submitted§of
any document (e-filed or otherwise) containing attachments, regardless of the number
of pages. Counsel filing a document under seal pursuant to a protective order sliall
submit a complete Chambers copy of said document, even if only a portion of the
document is confidential, indicating which portions of the document are covered bythe
protective order.
5. MISCELLANEOUS ADMINISTRATIVE REQUESTS AND EX PARTE
APPLICATIONS: All miscellaneous administrative requests and ex parte applications
are considered on the papers and may not be set for a hearing. Counsel are advised
that this Court allows ex parte applications solely for extraordinary relief and that?
sanctions may be imposed for misuse of ex parte applications. 1

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6. STIPULATED PROTEC1'lVE ORDERS: ln addition to conforming to the local rules and
any other applicable rules, all stipulated protective orders must conform the folloviiing
requirements:
1) When defining what constitutes "Confidential lnformation," the proposed order tnust
include a provision which provides that the information sought to be protected is
properly subject to protection under FRCP Rule 26(c) and that counsel shall not
designate any discovery material "CONFlDENTIAL" without first making a good faith
determination that protection is warranted.
2) Provide detailed instructions for filing confidential materials under seal. In addition
to placing documents in a sealed envelope with instructions that the document is filed
pursuant to the Stipulated Protective Order and that the envelope is not to be opened
absent further order of the court, the envelope should be labeled to identify the title
of the case, the case number, and the title of the document.
3) Include a provision which provides adequate means for challenging a confidentiality
designation.
4) include a provision placing the burden of proof on the party seeking protection to
show that such protection is warranted.
5) Attach a sample non-disclosure agreement, which should include an
acknowledgment that the confidentiality order has been read, that the party has
agreed to be bound by its terms, and that the party agrees to submit to the jurisdiction
of this court if any dispute arises over their use of the information.
6) Designate a time limit on the C0urt's jurisdiction to enforce the terms of the order.
(e.g., six months after final termination of the action).
7. CONTINUANCES: Counsel requesting a continuance of any conference, hearing;
deadline, or other procedural changes, must submit a stipulation with a detailed
declaration as to the reason for the requested continuance or extension of time.
Continuances will be granted only upon a showing of good cause, particularly focusing
upon evidence of diligence by the party seeking delay and of prejudice that may result
if the continuance is denied.
Except in extraordinary circumstances, stipulated changes to the briefing schedule or
hearing date for a motion must be filed not less than fourteen (14) days prior to any
affected date.
Unless otherwise ordered by the Court, the rescheduling of the hearing datd for
a motion does not change the date on which an opposition brief or reply brief is
due; any opposition brief remains due not less than 21 days prior to the
originally noticed hearing date and any reply brief may be filed not less than§ 14
days prior to the originally noticed hearing date.
8. UNTIMELY AND IMPROPER FILINGS: Any document sought to be filed with the;
Court after the required time, or in an improper manner or form, shall not be l
considered by the Court. Any attorney in violation of such requirements will be subject

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to other sanctions pursuant to Civil Local Rule 1-4,
9. DISCOVERY: All discovery matters shall be referred to a United States Magistrate
Judge for the specific purpose of hearing all discovery disputes, unless otherwise;
ordered by the court. The words DISCOVERY MATTER shall appear in the caption of
all documents relating to discovery to insure proper routing. Counsel are directed§ to
contact the clerk for the assigned Magistrate Judge to schedule matters for hearing.
The decision of the Magistrate Judge shall be final and binding, subject to modification
by the District Court only where it has been shown that the Magistrate Judge's order is
clearly erroneous or contrary to law.
10. CRIMINAL PLEAS: Prior to a plea being entered in a criminal case, an Application for
Permission to Enter Plea of Guilty must be completed. A copy of the application and
plea agreement must be delivered to chambers by 12:00 p.m. the day prior to the
entry of plea or the plea will not go forward.
11. COMMUNICATION WITH CHAMBERS: Counsel shall not attempt to make contact by
telephone or any other ex parte means with the Court or its chambers staff, but may
contact the Courtroom Deputy at (415) 522-2123 with appropriate inquiries. Counsel
should list their facsimile transmission numbers along with their telephone numbers on
their papers to facilitate communication with the Courtroom Deputy.
12. NOTICE OF THIS ORDER: Counsel for plaintiff, or plaintiff, if appearing on his her
own behalf, is responsible for promptly sewing notice of these requirements upon
defendant’s counsel. lf the action came to the Court via a noticed removal, this biurden
falls to the removing defendant.
IT IS SO ORDERED.
Dated: 5 7* 2%%
MA Tl J. JENK
UNITED STATES DISTRICT JUDGE

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