Judge Edward M. Chen — United States District Court, Northern District of California

Standing Orders — Inline Excerpts

Chamber hard copies are not required except when (1) the Court expressly asks the parties to provide hard copies or (2) the parties are making filings for: (a) a Final Pretrial Conference; (b) a Claim Construction hearing; or (c) summary judgment proceedings. For hard copies, (1) all documents must be three-hole punched on the left-hand side; and (2) exhibits to declarations must be tabbed. If electronically filed, declarations containing exhibits must be bookmarked (i.e., if the declaration makes reference to an exhibit, the declaration must contain a hyperlink to the corresponding exhibit; declarations and exhibits to be filed as a single PDF.). The foregoing applies regardless of page length.

Delivery Address

United States District Court Office of the Clerk 450 Golden Gate Ave, 16th Floor San Francisco, CA 94102

Judge Chen's Civil Pretrial Instructions

[Source: https://cand.uscourts.gov/sites/default/files/standing-orders/EMC-Pretrial-Instructions.pdf]

CIVIL PRETRIAL INSTRUCTIONS A. MEET AND CONFER At least forty-two (42) days prior to the final pretrial conference, lead counsel who will try the case shall meet and confer regarding the following: . Preparation and content of the joint pretrial conference statement, see Part B, infra; . Preparation and exchange of pretrial materials, see Part C, infra; and . Settlement of the action. B. JOINT PRETRIAL CONFERENCE STATEMENT At least twenty-one (21) days prior to the final pretrial conference, the parties shall file a joint pretrial conference statement. The statement shall contain the following information: 1. The Action. a. Substance of the Action. A brief description of the substance of claims and defenses which need to be decided. b. Relief Prayed. A statement of all relief sought, particularly itemizing all elements of damages claimed. 2. Factual Basis of the Action.

a. Undisputed Facts. A list of all stipulated facts, i.e., all facts parties to which the parties will stipulate to for incorporation into the trial record without the necessity of supporting testimony or exhibits. b. Disputed Factual Issues. A list of all factual issues that remain to be tried, stating the issues with the same generality/specificity as any contested elements in the relevant jury instructions and organized by counts.

Disputed Legal Issues. Without extended legal argument, a concise statement of each disputed point of law concerning liability or relief, citing supporting statutes and decisions. 4. Estimate of Trial Time. An estimate of the number of hours needed for the presentation of each party’s case. 5. Trial Alternatives and Options. a. Settlement Discussion. A statement summarizing the status of settlement negotiations and indicating whether further negotiations are likely to be productive. b. Consent to Trial Before a Magistrate Judge. A statement whether reference of all or part of the action to a master or magistrate judge is feasible, including whether the parties consent to a court or jury trial before a magistrate judge, with appeal directly to the Ninth Circuit. c. Amendments or Dismissals. A statement of requested or proposed amendments to pleadings or dismissals of parties, claims, or defenses.

d. Bifurcation or Separate Trial of Issues. A statement of whether bifurcation or a separate trial of specific issues is feasible and desired.

Witnesses. The following information should be provided as an appendix to the joint pretrial conference statement. For each party, a list of all witnesses likely to be called at trial, including those appearing by deposition. For each witness, there should be a short statement of the substance of his or her testimony and an estimate regarding the length of testimony (including direct and cross- examination). If the witness is an expert witness, the short statement should

clearly state the expert’s theories and conclusions and the bases therefor; in addition, the expert’s curriculum vitae and report (if any) should be attached. If there are objections to a live witness’s testimony, whether in whole or in part, that objection should be raised through a motion in limine. For objections to deposition testimony, see Part B.8, infra.

Exhibits. The following information should be provided as an appendix to the joint pretrial conference statement. A joint exhibit list in tabular form, with (a) a column that briefly describes the exhibit; (b) a column that describes for what purpose the party will offer the exhibit and identifies its sponsoring witness; (c) a column that states any objections to the exhibit; (d) a column that briefly responds to the objections; and (e) a blank column for the Court’s use. Before this list is filed with the Court, the parties shall meet and confer, in person, to consider exhibit numbers, to eliminate duplicate exhibits and confusion over exhibits, and to make a good faith effort to stipulate to admissibility. If stipulation is not possible, the parties shall make every effort to stipulate to authenticity and foundation absent a legitimate (not tactical) objection. In addition to the above, a joint statement in which each party identifies fifteen (15) of the opposing party’s exhibits for which the identifying party seeks rulings on objections in advance of trial. A party may identify, e.g., an exhibit that it believes is critical to the case (if admitted or if not admitted) or an exhibit that it believes is representative of other exhibits such that the identified exhibit will provide a bellwether as to how the Court will rule on other exhibits. 8. Use of Discovery Responses. The following information should be provided as

an appendix to the joint pretrial conference statement. Excerpts of interrogatory responses, responses to requests for admission, and deposition testimony (with specific line references identified) that each party intends to present at trial. If there are objections to the use of written responses, the parties should include a joint memorandum that briefly states the objecting party’s objection and the opposing party’s response. If there is an objection to the general subject matter of a deponent’s testimony, the objection should be made through a motion in limine.
If specific objections were made during the deposition that are still in need of a Court ruling, the parties should include a joint memorandum that identifies the deposition testimony at issue and that briefly states the objecting party’s objection (including any counter-designation) and the opposing party’s response (including any counter-designation). The Court expects the parties to meet and confer in good faith in the attempt to resolve those specific objections regarding deposition testimony before any memorandum regarding objections are filed. C. PRETRIAL MATERIALS At least twenty-one (21) days prior to the final pretrial conference, the parties shall file the following pretrial materials. 1. Motions in Limine. The following procedure should be used with respect to motions in limine. At least thirty-two (32) days before the pretrial conference, serve – but do not file – the moving papers. At least twenty-five (25) days before the conference, serve – but do not file – the oppositions. When the oppositions are received, the moving party should collate the motion and opposition together, back to back, and then file the paired sets (each set under separate cover) at least twenty-one (21) days prior to the conference.

Each motion in limine should address a single topic and contain no more than seven pages of briefing per side. Reply briefs are not permitted. Usually, each party or side should not need to file more than five motions in limine. Each party shall number its motions in limine in order of importance, the first being the most important. 2. Preliminary Statement to the Jury. In a jury trial, the parties shall provide a simplified statement of the case to be read to the jury during voir dire and as a part of the proposed jury instructions. Unless the case is extremely complex, this statement should not exceed one paragraph. 3. Jury Instructions. In a jury trial, a joint set of proposed jury instructions on substantive issues of law, arranged in a logical sequence. If undisputed, an instruction shall be identified as “Stipulated Instruction No. ____ re ____________________,” with the blanks filled in as appropriate. Even if stipulated, the instruction shall be supported by citation. If disputed, each version of the instruction shall be inserted together, back to back, in their logical place in the overall sequence. A disputed instruction shall be identified as “Disputed Instruction No. ____ re ____________________ offered by __________,” with the blanks filled in as appropriate. All disputed versions of the same basic instruction shall bear the same number. If a party does not have a counter-version and simply contends that no such instruction in any version should be given, then that party should so state on a separate page inserted in lieu of an alternate version. Each party should support its version of a disputed instruction, and/or oppose the version offered by the opposing party, with a brief argument and citation to any relevant authority. The argument and citation should be provided immediately following the disputed instructions. The parties are encouraged to keep disputed instructions to a

minimum. Finally, absent objection, the Court shall give the following jury instructions from the Ninth Circuit Manual of Model Civil Jury Instructions (2017 ed.): 1.3-1.5, 1.9-1.15, 1.17-1.18, 1.20-1.21, 3.1-3.3, 3.5. 4. Voir Dire. In a jury trial, the Court will conduct a voir dire based on the attached (or a similar) questions/subjects. Counsel may also submit for the Court’s consideration an agreed upon set of additional voir dire questions to be posed by the Court. Any voir dire questions on which counsel cannot agree may be submitted separately. Counsel will be allowed a brief (15 minutes) follow-up voir dire after the Court’s questioning. 5. Verdict Form. In a jury trial, the parties shall submit a joint proposed verdict form. If the parties are unable to stipulate to a verdict form, then each party or side shall submit a proposed verdict form. 6. Proposed Findings of Fact and Conclusions of Law. In a bench trial, each party or side shall submit proposed findings of fact and conclusions of law. 7. Exhibits. The parties shall submit two sets of all exhibits. Exhibits are not to be filed but rather shall be submitted to chambers. Exhibits must be premarked. In addition, one set of exhibits must be tagged. Exhibits shall be three-hole punched and shall be submitted in binders. Sample tags may be obtained from the Courtroom Deputy and are attached as Exhibit A hereto. 8. Trial Brief. Each party shall submit a trial brief not to exceed 15 pages absent court order. A trial brief is most helpful to the Court when it: (1) summarizes the party’s theory of the case, (2) identifies key evidence, and (3) provides summary briefing on any controlling issues of law.

JUROR QUESTIONNAIRE 1. Name. 2. City of residence. 3. Occupational status. 4. Organizations. 5. Hobbies. 6. Marital status. 7. Spouse’s occupation. 8. Children (including ages). 9. If a juror on another case. 10. If ever a grand juror. 11. If ever in the military.

EXHIBIT A UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA Case Number: PLTF / DEFT EXHIBIT NO._____________ Date Admitted:________________________ By:_______________________________ Angella Meuleman, Deputy Clerk UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA Case Number: PLTF / DEFT EXHIBIT NO._____________ Date Admitted:________________________ By:_______________________________ Angella Meuleman, Deputy Clerk UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA Case Number: PLTF / DEFT EXHIBIT NO._____________ Date Admitted:________________________ By:_______________________________ Angella Meuleman, Deputy Clerk UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA Case Number: PLTF / DEFT EXHIBIT NO._____________ Date Admitted:________________________ By:_______________________________ Angella Meuleman, Deputy Clerk UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA Case Number: PLTF / DEFT EXHIBIT NO._____________ Date Admitted:________________________ By:_______________________________ Angella Meuleman, Deputy Clerk UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA Case Number: PLTF / DEFT EXHIBIT NO._____________ Date Admitted:________________________ By:_______________________________ Angella Meuleman, Deputy Clerk UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA Case Number: PLTF / DEFT EXHIBIT NO._____________ Date Admitted:________________________ By:_______________________________ Angella Meuleman, Deputy Clerk UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA Case Number: PLTF / DEFT EXHIBIT NO._____________ Date Admitted:________________________ By:_______________________________ Angella Meuleman, Deputy Clerk UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA Case Number: PLTF / DEFT EXHIBIT NO._____________ Date Admitted:________________________ By:_______________________________ Angella Meuleman, Deputy Clerk UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA Case Number: PLTF / DEFT EXHIBIT NO._____________ Date Admitted:________________________ By:_______________________________ Angella Meuleman, Deputy Clerk UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA Case Number: PLTF / DEFT EXHIBIT NO._____________ Date Admitted:________________________ By:_______________________________ Angella Meuleman, Deputy Clerk UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA Case Number: PLTF / DEFT EXHIBIT NO._____________ Date Admitted:________________________ By:_______________________________ Angella Meuleman, Deputy Clerk updated: 02/04/2019

Judge Chen's Guideline re: Calculation of Trial Time

[Source: https://cand.uscourts.gov/sites/default/files/standing-orders/EMC-guideline-re-trial-time-calculation.pdf]

Judge Edward M. Chen Guidelines re Calculation of Trial Time Line

Trial - Monday at 8:30 a.m. (approximately one year from first CMC) 2. Pretrial Conference - 4 Tuesdays prior to trial at 2:30 pm 3. Objections - 10 days before Pretrial Conference 4. Joint Pretrial Conference Statement / Trial Briefs - 21 days before Pretrial Conference 5. Meet and Confer - 21 days before Pretrial Conference Statement 6. Last Day to Hear Dispositive Motions - 10 Thursday before Pretrial Conference 7. Las Day to File Dispositive Motions - 35 days before the hearing on dispositive motions 8. Expert Discovery Closed - 21 days after rebuttal expert disclosure 9. Rebuttal Expert Disclosure - 21 days after expert disclosure 10. Expert Disclosure - same as close of non-expert discovery 11. Non-Expert Discovery Closed - Thursday after 10 Thursdays before last day to hear dispositive motions

Judge Chen's Guidelines for Trial in Civil Cases - Jury & Bench

[Source: https://cand.uscourts.gov/sites/default/files/standing-orders/EMC-Guidelines-for-Trial-in-Civil-Cases-Jury-Bench.pdf]

GUIDELINES FOR TRIAL IN CIVIL CASES (JURY AND BENCH) PRETRIAL ARRANGEMENTS 1. Should a daily transcript and/or real-time reporting be desired, the parties shall make arrangements with the Supervisor of the Court Reporting Services at (415) 522-2079, at least ten calendar days prior to the trial date. 2. During trial, parties may wish to use, e.g., overhead projectors, laser­ disk/computer graphics, poster blow-ups, models, or specimens of devices. The United States Marshal requires a court order to allow equipment into the Courthouse. Parties should be prepared to fix any equipment, if necessary. SCHEDULING 1. Trial will normally be conducted from 8:30 a.m. to 2:00 p.m. (or slightly longer to finish a witness), with one 15-minute break and one 40-minute lunch break. Parties must arrive by 8:00 a.m. or, in a jury trial, earlier as needed for any matters to be heard out of the presence of the jury. The jury will be called at 8:30 a.m. The trial week is Monday through Friday, excluding holidays. Thursday are dark. JURY SELECTION 1. In civil jury cases, there are no alternate jurors, and the jury is typically selected as follows. At the outset, 18 potential jurors are called and seated in the jury box and front courtroom bench in the order their names are drawn from the drum. This placement will determine their order in the selection process. The Court will first conduct its voir dire of the entire panel (not just the seated 18) to determine hardships. Jurors excused from the seated 18 will be replaced from those drawn from the panel. The Court will then voir dire the seated 18 for

cause. Afterwards, the parties will be allowed a brief follow-up voir dire (15 minutes). Once all voir dire is completed, the Court will address all challenges for cause and excuse those potential jurors who have been successfully challenged. After a short recess, each side may exercise its allotment of peremptory challenges. The plaintiff has the first challenge, the defendant the next two, the plaintiff the next two, and so forth. The default number of peremptory challenges per party or side is three. Any party that passes will be deemed to have used a challenge. The eight (or such other size as will constitute the jury) surviving the challenge process with the lowest numbers become the final jury. Once the jury selection is completed, the jurors’ names will be read again, and they will be seated in the jury box and sworn in. The Court may alter the above procedure in its discretion. 2. Jurors may take notes. Note pads will be distributed at the beginning of each trial. The pads will remain in the jury room at the end of each day. Jurors will be instructed on the use of notes both in the preliminary and final jury instructions. TIME LIMITS 1. Ordinarily, the Court shall set fixed time limits for the presentation of evidence by each side at the final pretrial conference. The time limit includes all examination time (whether direct, cross, re-direct, or re-cross) for each witness regardless of which party called the witness. Opening and closing time limits shall be separately considered.
OPENING STATEMENTS 1. Each side may be subject to a predetermined time limit for its opening statement.
2. Parties must cooperate and meet and confer to exchange any visuals, graphics, or exhibits to be used in the opening statements, allowing for time to work out objections and any reasonable revisions one court day in advance of trial.

In a jury case, parties should be prepared to give opening statements as soon as the jury is sworn. WITNESSES 1. At the close of each trial day (at 2:00 p.m.), parties shall exchange a list of witnesses for the next full court day and the exhibits that will be used on direct and cross- examination (other than for impeachment of an adverse witness). By 4:00 p.m. that same day, opposing parties shall provide any objections to such exhibits and further shall provide a list of all exhibits to be used with the same witnesses on cross-examination (other than for impeachment). The Court will address objections before 8:30 a.m. on the following day. The first notice of objection shall be provided one court day prior to the first day of trial. All notices should be provided in writing and filed with the Court, and a courtesy copy should be given to chambers immediately. 2. Parties should always have their next witness ready and in the Courthouse. Failure to have the next witness ready may constitute resting. 3. Parties are expected to cooperate with each other in the scheduling and production of witnesses. Witnesses may be taken out of order if necessary. Every effort shall be made to avoid calling a witness twice (as an adverse witness and later as a party’s witness). 4. If a witness is testifying at the time of a recess or adjournment and has not been excused, the witness shall be seated back on the stand when court reconvenes. If a new witness is to be called immediately following recess or adjournment, the witness should be seated in the front row, ready to be sworn. 5. Immediately before each new witness takes the stand, counsel calling the witness shall place on the witness stand a clearly marked copy of each exhibit that counsel expects to

have the witness refer to during his or her direct examination. Immediately before beginning cross-examination, counsel conducting cross-examination shall do the same with any additional exhibits to be referenced on cross. 6. If counsel intends to have the witness draw diagrams or put markings on visual exhibits or diagrams prepared by the party calling the witness, the witness shall do so before taking the stand. Once on the stand, the witness shall adopt the diagrams and/or markings and explain what they represent. If the diagram or visual exhibit is prepared by the opposing party, the witness shall not make any markings on the diagram or visual exhibit without leave of the Court. 7. A witness or exhibit not listed in the joint pretrial conference statement may not be called or used without good cause. This rule does not apply to true rebuttal witnesses (other than experts). Defense witnesses are normally considered case-in-chief witnesses, not “rebuttal” witnesses. USE OF DEPOSITIONS TO IMPEACH OR SHORT READ-INS 1. Depositions used at trial for impeachment shall comply with the following procedure: a. On the first day of trial, bring the original and clean copies of any deposition(s) intended to be used. A sealed original copy shall be provided to the Judge. b. The first time a deposition is read, counsel should state the deponent’s name, the date of the deposition, and the name of the lawyer asking the question. If the deposition was a Rule 30(b)(6) deposition, counsel should so state.
c. When counsel reads a passage into the record, counsel should simply say, for example, “I wish to read in page ____, lines ____ to ____ from the witness’s deposition.” A

brief pause will be allowed for any objection. d. Counsel should then proceed by stating “question” and reading the question exactly, then stating “answer” and reading the answer exactly. Stating “question” and “answer” is necessary so that the court reporter, the Court, and the jury (in a jury trial) can follow who was talking at the deposition. e. Rather than reading a passage, counsel is free to play a videotaped version of the passage, but counsel must have a system for immediate display of the precise passage. DEPOSITION DESIGNATIONS 1. The following procedure applies only to witnesses who appear by deposition. It does not apply to live witnesses whose depositions are read in while they are on the stand. To prepare designated deposition testimony, counsel shall photocopy the cover page, the page where the witness is sworn, and each page from which any testimony is proffered, including pages containing a counter-designation made by opposing counsel. Counsel should redact objections or colloquy unless needed to understand the question. In addition, counsel should redact any testimony that has not been designated or any testimony to which an objection has been made and sustained by the Court. Any corrections must be interlineated and references to exhibit numbers must conform to the trial numbers. The finished packet should then be the actual script and should smoothly present the identification and swearing of the witness and testimony desired. 2. Counsel is free to play a videotaped version of any deposition testimony, but counsel must have a system for immediate display of the precise testimony omitting any properly redacted passages.

EXHIBITS 1. Use numbers only, not letters, for exhibits, preferably the same numbers as were used in depositions. Blocks of numbers should be assigned to fit the need of the case (e.g., Plaintiff has 1 to 100, Defendant A has 101 to 200, Defendant B has 201 to 300, etc.). A single exhibit should be marked only once. If the plaintiff has marked an exhibit, then the defendant should not re-mark it. Different versions of the same document, e.g., a copy with additional handwriting, must be treated as different exhibits. To avoid any party claiming “ownership” of an exhibit, all exhibits shall be marked and referred to as “Trial Exhibit No. ____,” not as “Plaintiff’s Exhibit” or “Defendant’s Exhibit.” If an exhibit number differs from that used in a deposition transcript, however, then the latter must be conformed to the new trial number if and when the deposition testimony is read (so as to avoid confusion over exhibit numbers). 2. Exhibits are not to be filed but rather shall be submitted to chambers (two sets). Exhibits must be premarked. In addition, one set of exhibits must be tagged. Exhibits shall be three-hole punched and shall be submitted in binders. Sample tags may be obtained from the Courtroom Deputy and are attached as Exhibit A hereto. 3. Parties must consult with each other and with the Courtroom Deputy at the end of each trial date and compare notes as to which exhibits are in evidence and any limitations thereon. If there are any differences, parties should bring them promptly to the Court’s attention. 4. In a jury trial, before the case goes to the jury, parties must confer with the Courtroom Deputy to make sure the exhibits going to the jury room are all in evidence and in good order. Parties may, but are not required to, jointly provide a revised list of all exhibits actually in evidence (and no others) stating the exhibit number and a brief, non-argumentative description (e.g., letter from A to B, dated August 17, 1999). This list may go into the jury room

to help the jury sort through exhibits. In a bench trial, parties may follow a similar procedure to help the Court sort through exhibits. OBJECTIONS 1. Counsel shall stand when making objections and briefly state the basis of the objection. 2. Counsel shall not make speaking objections.
3. There can be only one lawyer per witness per party for all purposes, including objections. 4. In a jury trial, sidebar conferences are discouraged. The procedures outlined in these guidelines should eliminate the need for most sidebars. 5. In a jury trial, to maximize jury time, parties must alert the Court in advance of any problems that will require discussion outside the presence of the jury so that the conference can be held before court begins or after the jury leaves for the day. SETTLEMENTS AND CONTINUANCES 1. Shortly before trial or a final pretrial conference, parties occasionally wish jointly to advise the Courtroom Deputy that a settlement has been reached and seek to take the matter off calendar, but it turns out later that there was only a settlement “in principle” and disputes remain. Cases, however, cannot be taken off calendar in this manner. Unless and until a legally binding settlement is reached, all parties must be prepared to proceed with the final pretrial conference as scheduled and to proceed to trial on the trial date, or face dismissal of the case for lack of prosecution or entry of default judgment. To facilitate settlement, the Court is available to place the material terms of a settlement on the record. Only an advance continuance expressly approved by the Court will release parties from their obligation to proceed to trial. If parties

expect that a settlement will be final by the time of trial or the final pretrial conference, they should notify the Court immediately in writing or, if it occurs over the weekend before the trial or conference, by voicemail to the Courtroom Deputy. The Court will attempt to confer with the parties as promptly as circumstances permit to determine if a continuance will be in order or if it can assist the parties in putting the settlement on the record. Pending such a conference, however, parties must prepare and make all filings and be prepared to proceed with trial. 2. Civil Local Rule 40-1 provides that jury costs may be assessed as sanctions for failure to provide the Court with timely written notice of a settlement. Please be aware that any settlement reached on the day of trial, during trial, or at any time after the jury or potential jurors have been summoned will normally require the parties to pay juror costs. G:\EMCALL\EMC Forms\NEW STANDING ORDERS - DJ\GUIDELINES for Trial in Civil Cases - Jury & Bench.frm

EXHIBIT A UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA Case Number: PLTF / DEFT EXHIBIT NO._____________ Date Admitted:________________________ By:_______________________________ Angella Meuleman, Deputy Clerk UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA Case Number: PLTF / DEFT EXHIBIT NO._____________ Date Admitted:________________________ By:_______________________________ Angella Meuleman, Deputy Clerk UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA Case Number: PLTF / DEFT EXHIBIT NO._____________ Date Admitted:________________________ By:_______________________________ Angella Meuleman, Deputy Clerk UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA Case Number: PLTF / DEFT EXHIBIT NO._____________ Date Admitted:________________________ By:_______________________________ Angella Meuleman, Deputy Clerk UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA Case Number: PLTF / DEFT EXHIBIT NO._____________ Date Admitted:________________________ By:_______________________________ Angella Meuleman, Deputy Clerk UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA Case Number: PLTF / DEFT EXHIBIT NO._____________ Date Admitted:________________________ By:_______________________________ Angella Meuleman, Deputy Clerk UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA Case Number: PLTF / DEFT EXHIBIT NO._____________ Date Admitted:________________________ By:_______________________________ Angella Meuleman, Deputy Clerk UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA Case Number: PLTF / DEFT EXHIBIT NO._____________ Date Admitted:________________________ By:_______________________________ Angella Meuleman, Deputy Clerk UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA Case Number: PLTF / DEFT EXHIBIT NO._____________ Date Admitted:________________________ By:_______________________________ Angella Meuleman, Deputy Clerk UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA Case Number: PLTF / DEFT EXHIBIT NO._____________ Date Admitted:________________________ By:_______________________________ Angella Meuleman, Deputy Clerk UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA Case Number: PLTF / DEFT EXHIBIT NO._____________ Date Admitted:________________________ By:_______________________________ Angella Meuleman, Deputy Clerk UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA Case Number: PLTF / DEFT EXHIBIT NO._____________ Date Admitted:________________________ By:_______________________________ Angella Meuleman, Deputy Clerk

Judge Chen's Standing Order For Civil Discovery

[Source: https://cand.uscourts.gov/sites/default/files/standing-orders/EMC-Standing-Order-Civil-Discovery.pdf]

CIVIL STANDING ORDER ON DISCOVERY U.S. DISTRICT JUDGE EDWARD M. CHEN These Standing Orders on Discovery are a supplement to this Court’s “Civil Standing Orders – General.” These Standing Orders apply only to cases in which discovery is supervised by this Court rather than the magistrate judge. The Court, at its discretion, may elect to transfer discovery matters to a magistrate judge or a special master. 1.
Conformity to Rules. Parties shall 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 these Standing Orders. Any failure to comply with any of the rules and orders may be deemed sufficient grounds for monetary sanctions, dismissal, entry of default judgment, or other appropriate sanctions. 2.
Production of Documents. a.
Responses. In responding to requests for production of documents, see Fed. R. Civ. P. 34, a party shall affirmatively state in a written response the full extent to which the party will produce materials. In addition, the party shall, promptly after the production, confirm in writing that the party has produced all such materials so described that have been located after a diligent search of all locations where such materials might plausibly be found. 3.
Depositions. a.
Scheduling. The parties shall comply with Civ. L.R. 30-1. Generally, the party seeking the deposition may notice it at least ten (10) days in advance. b.
Documents. Witnesses subpoenaed or requested to produce documents should ordinarily be served at least 30 days before the scheduled deposition unless otherwise stipulated, and arrangements should be made to permit inspection of the documents before the deposition commences. Extra copies of documents used during the deposition should ordinarily be provided to opposing counsel and the deponent. c.
Conduct. During the deposition, parties are expected to cooperate with and be courteous to each other and deponents. Each party should designate one attorney to conduct the examination of the deponent. Parties should cooperate in the allocation of time to comply with any time limit set by the Court. d.
Marking of Exhibits. Counsel shall comply with Civil Local Rule 30-2.

e.
Objections. Parties shall comply with Federal Rule of Civil Procedure 30(c)(2). Deposition objections shall be preserved except as to privilege or as to form. Speaking objections or those calculated to coach the deponent are prohibited. A person may not instruct a deponent not to answer a question except when necessary to preserve a privilege, to enforce a limitation directed by the Court, or to present a motion under Federal Rule of Civil Procedure 30(d)(3). When a privilege is claimed, the witness should nevertheless answer questions relevant to the existence, extent, or waiver of the privilege, such as the date of the communication, who made the statement, to whom and in whose presence the statement was made, other persons to whom the contents of the statement have been disclosed, and the general subject matter of the statement, unless such information itself is privileged. A party may be subject to sanctions if the party consistently impedes, or otherwise unreasonably delays, the fair examination of the deponent. f.
Private Consultation. Private conferences between deponents and their attorneys in the course of deposition are improper and prohibited except for the sole purpose of determining whether a privilege should be asserted. g.
Requests for Intervention by the Court. If a dispute arises during a deposition and involves a persistent obstruction of the deposition or a refusal to answer a question in violation of this Standing Order, parties may arrange a telephonic conference with the Court through the Courtroom Deputy, Angella Meuleman, at (415) 522-2034. 4.
Discovery Motions. Except as specifically set forth below, no motions regarding discovery disputes may be filed without prior leave of the Court. If there is an emergency discovery dispute, parties may request a telephonic conference with the Court through the Courtroom Deputy. If possible, the parties shall provide a short (one paragraph) description of the dispute prior to any conference call. An emergency discovery dispute is a discovery dispute that is in need of immediate attention by the Court. This process should not be abused. All other requests for discovery relief (including requests for discovery-related sanctions) must be made by the parties in a joint letter brief no longer than three pages. Discovery letter briefs must be e-filed under the Civil Events category of Motions and Related Filings > Motions – General > “Discovery Letter Brief.” The joint letter brief: a. Must attest that, prior to filing the request for relief, counsel with full and complete authority on discovery matters met and conferred in person. A
telephone meet and confer is permitted only where there is good cause (e.g., plaintiff’s counsel is located on the West coast while defense counsel is located

on the East coast). The letters must certify that lead trial counsel have concluded no agreement can be reached. b.
Must concisely summarize those remaining issues that the parties were unable to resolve and state each party’s last offer of compromise. c.
May cite to limited and specific legal authority. d.
May not be accompanied by declarations, unless a party declaration is needed to support a specific claim of undue burden. e.
May include as an attachment the specific excerpt of disputed discovery material. f. No other attachments are permitted absent authorization by the Court. The Court will advise the parties if additional briefing or a telephonic conference will be necessary. The Court may order the parties to further meet and confer at the federal courthouse with lead trial counsel in attendance. 5.
Service of Standing Orders. Plaintiff (or in the case of removed cases, any removing defendant) is directed (a) to serve copies of this standing order at once upon all parties to the action, and upon those subsequently joined, in accordance with the provisions of Federal Rules of Civil Procedure 4 and 5 and (b) to file with the Clerk of the Court a certificate reflecting such service, in accordance with Civil Local Rule 5-5. IT IS SO ORDERED. EDWARD M. CHEN United States District Judge 02/04/2019

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