Parties and counsel shall not engage in any ex parte communication with Judge Davila or his chambers staff by telephone, facsimile, e-mail or any other means unless such contact has been authorized in advance. Judge Davila does not review or respond to letters or letter briefs providing case information or seeking relief from the Court even if the letter is filed on the docket.

Notice of Settlement: The parties shall immediately notify the Court of the settlement of any action by filing a Notice of Settlement which provides an estimate of when the parties expect the action will be finally resolved through stipulated dismissal or otherwise. All parties subject to the settlement or their attorneys shall sign the Notice of Settlement.

All substantive motions, oppositions and replies must comply with the General Requirements described in Civil Local Rule 3-4 and the page limitations described in Civil Local Rules 7-2 and 7-3 unless permission has been obtained from the Court in advance of filing. Footnotes shall be in no less than 12-point type and shall be double-spaced.

Civil Motions are heard on Thursdays at 9:00 a.m. by reservation only. Parties and counsel may reserve a hearing date by contacting Judge Davila's Courtroom Deputy, Chere Robinson, at ejdcrd@cand.uscourts.gov. Motions must be filed and noticed within 14 calendar days of reserving a hearing date with Judge Davila's Courtroom Deputy. Failure to timely file any motion will result in the expiration of the hearing reservation without further notice to the parties.

The parties are required to submit chambers copies of pleadings (complaints, answers, cross-complaints, etc.) and briefing and supporting materials for dispositive motions. The printed copies shall be marked “Chambers Copy – Do Not File” and shall be clearly marked with the case number and name of the assigned judge. Chambers copies shall be mailed or delivered to the Clerk’s Office.

Proposed orders are not necessary for most substantive motions, such as motions for summary judgment and motions to dismiss. The parties should only file proposed orders in connection with administrative motions, ex parte applications, and motions that ask the Court to order specific injunctive relief (e.g., a motion for a preliminary injunction or an application for a temporary restraining order) or to make factual findings (e.g., a motion to approve a class settlement or a motion for attorneys’ fees). All proposed orders should be sent in Microsoft Word format to ejdpo@cand.uscourts.gov.

Judge Davila does not issue tentative rulings on upcoming matters. Any matters that are taken under submission shall remain submitted until further order of the Court.

The Court encourages in-person appearances for Law and Motion and Case Management/Pretrial Conferences. However, the Court will consider requests to appear telephonically or via Zoom on a case-by-case basis. Parties wishing to appear by telephone or via Zoom shall file and serve an Administrative Request to Appear Telephonically or via Zoom and Proposed Order at least one week prior to the scheduled hearing date. Absent compelling circumstances, the Court will not grant a request to appear telephonically for parties or counsel who reside or have an office located within any of the Bay Area counties (Alameda, Contra Costa, Marin, Napa, San Francisco, San Mateo, Santa Clara, and Sonoma) or those other counties covered by the San Jose Division (Monterey, San Benito, and Santa Cruz). In addition, the Court will not generally grant a request by the moving party on a motion.

Continuances: Continuances are disfavored. Any request to continue a motion hearing date must be made in accordance with Civil Local Rules 6-2 or 6-3. Any request to continue a scheduled trial date must be made in accordance with Civil Local Rule 40-1. Jury costs may be assessed for failure to proceed with a scheduled trial.