Judge Haywood S. Gilliam, Jr. — United States District Court, Northern District of California

Standing Orders — Inline Excerpts

Civil Standing Order

Paper courtesy copies shall not be submitted unless the Court requests them. The Court may at times order the parties to provide digital courtesy copies of motions filings, including supporting documents, on portable media (e.g., a CD or flash drive).

Criminal Standing Order

Counsel shall submit two courtesy copies of all filings totaling 10 pages or more with the Court in Oakland.

All courtesy copies must be double-sided, three-hole punched at the left margin, and marked with the ECF stamp (case number, document number, date, and page number) on the top of each page. These printed copies shall be marked “Chambers Copy – Do Not File” and shall be in an envelope clearly labeled with Judge Gilliam’s name and the case number. Exhibits to motions or declarations shall be side-tabbed and numbered or lettered. If the documents filed exceed 50 pages including exhibits, the filing party shall submit courtesy copies in three-ring binders.

Criminal Pretrial and Trial Standing Order

Counsel shall submit two courtesy copies of all filings.

All courtesy copies must be double-sided, three-hole punched at the left margin, and marked with the ECF stamp (case number, document number, date, and page number) on the top of each page. These printed copies shall be marked “Chambers Copy – Do Not File” and shall be in an envelope clearly labeled with Judge Gilliam’s name and the case number. Exhibits to motions or declarations shall be side-tabbed and numbered or lettered. If the documents filed exceed 50 pages including exhibits, the filing party shall submit courtesy copies in three ring binders.

Delivery Address

Ronald V. Dellums Federal Building & United States Courthouse Office of the Clerk 1301 Clay Street, Suite 400 S Oakland, CA 94612

Judge Gilliam's Civil Pretrial & Trial Standing Order

[Source: https://cand.uscourts.gov/sites/default/files/standing-orders/HSG-Civil-Pretrial-and-Trial-Standing-Order.pdf]

United States District Court Northern District of California UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA CIVIL PRETRIAL AND TRIAL STANDING ORDER FOR CASES BEFORE DISTRICT JUDGE HAYWOOD S. GILLIAM, JR. 1 INTRODUCTION 1. The parties must make every effort to raise and, if possible, resolve pretrial and trial issues early. While the Court understands that trial is not entirely predictable, the parties must frontload all evidentiary and legal disputes to the extent possible. Issues that surface unnecessarily on the eve of or during trial waste the jury’s time and are strongly disfavored. MEET AND CONFER 2. At least 28 days before the final Pretrial Conference, lead counsel who will try the case shall meet and confer with respect to the following subjects: (1) settlement of the case; (2) preparation of the joint pretrial filings; and (3) clarifying and narrowing the contested issues for trial. Counsel in close geographical proximity are encouraged to meet in person. EXCHANGE OF EVIDENCE 3. At least 28 days before the Pretrial Conference, each party shall provide every other party (but not the Court) with one set of all proposed exhibits, charts, schedules, summaries, diagrams, and other similar documentary materials to be used in its case in chief at trial, together with a complete list of all such proposed exhibits. These materials may be provided in electronic form if the parties so agree. Voluminous exhibits shall be reduced by elimination of irrelevant portions or through the use of summaries. Exhibits must be marked in accordance with paragraphs 16–18 of this Order. All exhibits not provided are subject to exclusion in the reasonable exercise of the Court’s discretion.
4. At least 28 days before the Pretrial Conference, each party shall provide every other party (but not the Court) with (1) the names of all witnesses each party intends to call at trial, as For the parties’ convenience, a timeline of the parties’ pretrial obligations under this Standing Order is attached as Appendix A. The Appendix contains significantly less detail than the Standing Order itself and should not be used as a substitute for reading and following the requirements in the full Standing Order.

United States District Court Northern District of California well as a brief description of the subject matter of their testimony; and (2) a list containing citations to all evidence that a party might introduce at trial, other than that to be used solely for impeachment or rebuttal, that was obtained from deposition testimony, interrogatory responses, or responses to requests for admission. All witnesses and citations not identified are subject to exclusion in the reasonable exercise of the Court’s discretion.
PRETRIAL FILINGS 5. Unless otherwise ordered, the parties shall file the documents listed in paragraphs 6–15 (i.e., joint pretrial statement and proposed order, proposed jury instructions, proposed voir dire questions, proposed verdict forms, proposed statement of the case, and trial briefs) no later than 14 days before the pretrial conference. Proposed jury instructions, voir dire questions, verdict forms, and proposed statements of the case should not be submitted in cases tried to the bench.
No later than 14 days before the final pretrial conference, the parties shall also submit the proposed joint pretrial statement and proposed order, and any proposed jury instructions, voir dire questions, verdict form(s), and statement of the case in Word format via email to HSGpo@cand.uscourts.gov. 6. Two side-tabbed binders containing courtesy copies of these materials (as well as any motions in limine, oppositions to those motions, and/or statements of non-opposition) must be delivered to the Clerk’s office by noon the day after filing. All courtesy copies must be double- sided, three-hole punched at the left margin, and marked with the ECF stamp (case number, document number, date, and page number) on the top of each page. These binders shall be marked “Chambers Copy – Do Not File” and shall be clearly labeled with Judge Gilliam’s name and the case number.
7. Joint Pretrial Statement and Proposed Order. The parties shall file a joint pretrial statement and proposed order, which must contain the following information: a) Substance of the Action. A brief description of the parties, the substance of claims and defenses that remain to be decided, and the operative pleadings that raise the issues. b) Relief Requested. A detailed statement of all requested relief, particularly itemizing all elements of damages claimed.

United States District Court Northern District of California c) Undisputed Facts. A plain and concise statement of all relevant facts to which the parties will stipulate for incorporation into the trial record without supporting testimony or exhibits. The parties shall exercise good faith in stipulating to facts that are not reasonably disputable. d) Disputed Factual Issues. A plain and concise list of the issues of fact that are contested and remain to be litigated at trial. e) Agreed Statement. A statement assessing whether all or part of the action may be presented upon an agreed statement of facts. f) Stipulations. A statement of stipulations requested or proposed. g) Witness to be Called. A list of all witnesses likely to be called at trial, other than solely for impeachment or rebuttal, together with a brief statement following each name describing the substance of the testimony to be given. No party shall be permitted to call any witness in its case in chief who is not disclosed in its pretrial statement unless the Court grants leave for good cause. h) Exhibits, Schedules, and Summaries. A list of all documents or other items to be offered as exhibits at trial, other than solely for impeachment or rebuttal, and a brief statement following each that describes: (1) its substance or purpose; (2) the identity of the sponsoring witness; and (3) whether the parties have stipulated to its admissibility and, if they have not, the objection to its admission, the grounds for the objection, and the position of the offering party. If the list is voluminous, Section h) should be attached as an appendix to the joint pretrial statement and proposed order. i) 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. j) Pending Motions or Matters. A statement of any motions or other matters that must be resolved prior to trial. k) Bifurcation or Separate Trial of Issues. A statement of whether either party requests bifurcation or a separate trial of specific issues and why.

United States District Court Northern District of California l) Use of Discovery Responses. A list containing citations to all evidence that a party might introduce at trial, other than that to be used solely for impeachment or rebuttal, that was obtained from deposition testimony, interrogatory responses, or responses to requests for admission. Counsel shall state any objections to the use of these materials, the grounds for the objections, the position of the offering party, and shall certify that the parties have conferred regarding such objections. If the list is voluminous, Section l) should be attached as an appendix to the joint pretrial statement and proposed order. m) Estimate of Trial Time. An estimate of the number of court days needed for the presentation of each party’s case, indicating possible reductions in time through proposed stipulations, agreed statements of facts, or expedited means of presenting testimony and exhibits. n) Settlement Discussion. A brief summary of the status of settlement negotiations, without indicating specific dollar amounts, and an indication of whether further negotiations are likely to be productive and what, if anything, would facilitate settlement. o) Miscellaneous. Any other matters that will facilitate the just, speedy, and efficient resolution of the action. The joint pretrial statement and proposed order shall include the following language directly above the signature lines: The foregoing admissions having been made by the parties, and the parties having specified the foregoing issues of fact and law remaining to be litigated, this order shall supplement the pleadings and govern the course of trial of this case, unless modified by the Court to prevent manifest injustice. 8. Proposed Jury Instructions. The parties shall meet and confer and file a joint set of proposed jury instructions, arranged in the order the parties propose the Court give the instructions. The parties should use the Ninth Circuit Model Jury Instructions where possible.
Any modifications to a form instruction must be plainly identified to the Court. Any language a party proposes to be removed from a model instruction must be designated with a strikethrough and language proposed to be added to a model instruction must be underlined.

United States District Court Northern District of California 9. The parties should include proposed text for all proposed jury instructions, even for any form preliminary instructions, general instructions, or concluding instructions on which they agree. Instructions upon which the parties agree shall be identified as “Stipulated Instruction No. __ Re _______,” with blanks filled in as appropriate.
10. If, after meeting and conferring in good faith, the parties cannot agree on a proposed jury instruction, each party’s proposed version shall be provided and identified as “Disputed Instruction No. __ Re _______, Offered by ________,” with blanks filled in as appropriate. All proposed versions of the same instruction shall bear the same number. Following each set of proposed versions of a disputed instruction, each party shall explain, in no more than one page, why the Court should give that party’s proposed instruction. If the parties dispute whether a particular instruction should be given at all, the proponent of the instruction shall provide proposed language, identified as “Disputed Instruction No. __ Re _______, Offered by ________,” with blanks filled in as appropriate. Following the disputed instruction, each party shall explain, in no more than one page why the instruction should or should not be given. 11. Proposed Voir Dire Questions. In cases tried before a jury, the parties are expected to meet and confer and file a joint set of proposed voir dire questions for the Court to ask. Unless otherwise indicated, the Court will conduct voir dire. 12. If, after meeting and conferring in good faith, there are proposed questions about which the parties do not agree, each party may submit a list of disputed proposed questions they wish to be put to the venire. The proponent of each disputed question shall provide proposed language, identified as “Disputed Question No. __, Offered by ________,” with blanks filled in as appropriate. No argument concerning why a disputed proposed question should or should not be asked shall be submitted. 13. Note that during voir dire the Court will elicit the jurors’ basic biographical information through its own questioning (e.g., current employment, marital status, past jury service), so those subjects need not be included in the parties’ set of proposed questions. 14. Proposed Verdict Forms. The parties are expected to meet and confer and file a joint proposed verdict form. If, after a good faith effort to meet and confer, the parties cannot

United States District Court Northern District of California agree on a joint form, the parties may submit separate proposed verdict forms. If the verdict form is disputed, each party shall explain, in no more than one page, why its proposed verdict form should be given. 15. Proposed Statement of the Case. The parties shall jointly file a proposed Statement of the Case to be read to the jury during voir dire. Unless the case is extremely complex, this statement should not exceed one page (double-spaced). 16. Trial Briefs. Parties are not required to file trial briefs. If a party chooses to file a trial brief, it shall not be longer than five pages. Trial briefs shall not duplicate the contents of the joint pretrial statement and proposed order. EXHIBITS 17. Each exhibit shall be pre-marked with a trial exhibit sticker (“Trial Exhibit No.__”), not deposition exhibit label, and defendant’s exhibit numbers shall be sequenced to begin after plaintiff’s exhibit numbers.
18. The parties shall agree on blocks of numbers to fit the needs of the case (e.g., Plaintiff has 1–100, Defendant has 101–200) and make a good faith effort to avoid marking the same exhibit in their respective blocks. If the same exhibit is marked by more than one party, the defendant shall withdraw the duplicative exhibit (but should not renumber its portion of the exhibit list). Section h) of the parties’ joint pretrial statement and proposed order must identify the exhibit numbers of the exhibits withdrawn as duplicates. 19. Exhibits shall be identified with tags in the format shown here:

United States District Court Northern District of California 20. At least 14 days prior to the Pretrial Conference, the parties shall make a good faith effort to stipulate to exhibits’ admissibility. If stipulation is not possible, the parties shall make every effort to stipulate to at least authenticity and foundation absent a legitimate (not tactical) objection. 21. A flash drive containing the exhibits identified in Section (h) of the joint pretrial statement and proposed order (and not already excluded by the Court in limine) must be delivered to the Court via the Clerk’s office seven days before trial and must be labeled clearly with Judge Gilliam’s name, the case number, and the title “Trial Exhibits.” Unless otherwise ordered by the court, paper courtesy copies of those exhibits need not be submitted. 22. At least three days prior to the first day of trial, the parties shall file form exhibit and witness lists. The form exhibit list should include the following columns: (1) Exhibit Number; (2) Brief Description; (3) Sponsoring Witness; (4) Date Marked for Identification (left blank); and (5) Date Admitted Into Evidence (left blank). The form witness list should include the following columns: (1) Witness Name; (2) Brief Summary of Testimony; and (3) Exhibits (left blank).
MOTIONS IN LIMINE 23. The parties are encouraged to resolve as many trial issues by stipulation as possible. The parties shall meet and confer no later than 21 days before the pretrial conference to determine whether any evidentiary issues may be resolved by stipulation. No party may file a motion in limine without first making a good faith effort to resolve the evidentiary issue with opposing counsel.
24. Motions in limine must be filed with the Court no later than 21 days prior to the date set for the Pretrial Conference. Each party is limited to bringing five motions in limine.
Motions in limine cannot be used to request summary judgment or raise Daubert challenges unless the Court has specifically granted prior approval. Each motion shall be no longer than five pages and should address a single, separate topic. Motions should be clearly identified as “___________’s Motion in Limine No. __ Re: ____________.” If the content of an exhibit is necessary to the resolution of a motion in limine, that exhibit must be attached to a declaration in

United States District Court Northern District of California support of the motion. No party filing a motion in limine should submit courtesy copies of their motions to the Court until the parties file their pretrial filings 14 days before the Pretrial Conference.
25. Any party opposing a motion in limine shall file its opposition papers (or statement of non-opposition) no later than 14 days prior to the Pretrial Conference. Each opposition is limited to five pages; the moving party shall not file a reply brief. Courtesy copies of all motions in limine and oppositions must be included in the binder containing the parties’ pretrial filings in the format described in paragraph five of this Order.
26. The motions will be heard at the Pretrial Conference or at such other time as the Court may direct.
TRIAL 27. Trial will be conducted from 8:30 a.m. to 1:30 p.m. on Mondays through Fridays.
Counsel must arrive by 8:00 a.m. each day, or earlier if directed by the Court, to discuss any matters that need to be heard outside the presence of the jury. The jury will be called at 8:30 a.m.
28. Should a daily transcript and/or real-time reporting be desired, the parties shall e- file a transcript order form (CAND 435), at least 14 days before trial. 29. The courtroom is equipped with monitors and a sound system. Should the parties wish to utilize additional technology, the United States Marshals Service requires a court order to allow equipment into the Courthouse. The parties must file a written request and proposed order no later than seven days prior to the beginning of trial if they wish to bring any such technology into the Courthouse. Parties should be prepared to fix any equipment, if necessary. 30. The parties shall disclose the witnesses whom they will call and the exhibits to be introduced through those witnesses (except exhibits to be used solely for impeachment purposes) by noon the day before the parties intend to call those witnesses. Failure to have a witness ready to proceed at trial will usually constitute resting. 31. At the end of the trial day, the parties shall meet and confer regarding all exhibits and demonstratives intended to be produced on the following day. Meeting and conferring via email is not sufficient; the parties must meet in person or over the telephone. If the parties cannot

United States District Court Northern District of California in good faith resolve all of their evidentiary disputes without the Court’s involvement, each party shall file a single statement of five pages or less framing its position on the dispute(s) by midnight.
If deposition designations are the subject of any unresolved disputes, the relevant deposition excerpts must be attached to the parties’ statements. 32. Counsel must consult with the Courtroom Deputy at the beginning of the first day of trial regarding the procedure for tracking admitted exhibits and any limitations thereon. If there are any disagreements between the parties regarding the status of the exhibits, counsel shall bring them promptly to the Court’s attention. At the close of evidence, before closing arguments, counsel must confer with the Courtroom Deputy to make sure the exhibits in evidence are in good order. Counsel should also be prepared to upload all admitted exhibits from a flash drive to the jury computer so that the jury may access the exhibits during deliberation. 33. Upon the conclusion of the trial, each party shall retain its exhibits through the appellate process. It is each party’s responsibility to make arrangements with the Clerk of Court to file the record on appeal. IT IS SO ORDERED. Dated: February 21, 2019 HAYWOOD S. GILLIAM, JR. United States District Judge

APPENDIX A CHRONOLOGICAL SUMMARY OF PRETRIAL EXCHANGES AND SUBMISSIONS United States District Court Northern District of California Date Lead counsel to meet and confer regarding settlement, pretrial filings, and narrowing of issues (¶ 2) 28 Days Before Pretrial Conference Provide all other parties with proposed exhibits, charts, schedules, summaries, diagrams, and other similar documentary materials to be used case in chief at trial, as well as a list of those materials (¶ 3) Provide all other parties (1) the names of all witnesses each party intends to call at trial, as well as a brief description of the subject matter of their testimony; and (2) a list containing citations to all evidence that a party might introduce at trial, other than that to be used solely for impeachment or rebuttal, that was obtained from deposition testimony, interrogatory responses, or responses to requests for admission (¶ 4) 21 Days Before Pretrial Conference File any motions in limine (¶¶ 23–24) File joint pretrial statement and proposed order (¶ 7) File proposed jury instructions (jury trial only) (¶¶ 8–10) File proposed voir dire questions (jury trial only) (¶¶ 11–13) File proposed verdict forms (jury trial only) (¶ 14) 14 Days Before Pretrial Conference File proposed statement of the case (jury trial only) (¶ 15) File trial briefs (optional) (¶ 16) File oppositions/statements of non-opposition to motions in limine (¶ 25) Email Word versions of the proposed joint pretrial statement and proposed order, proposed jury instructions, voir dire questions, verdict form(s), and statement of the case to HSGpo@cand.uscourts.gov. (¶ 5) 13 Days Before Pretrial Conference (by Noon) Submit two binders to the Clerk’s office containing the joint pretrial statement and proposed order, any proposed jury instructions, voir dire questions, verdict forms, statement of the case, and trial briefs, as well as all motions in limine, oppositions, and/or statements of non-opposition (¶ 6) 7 Days Before Trial Submit a flash drive to the Clerk’s office containing the exhibits identified in Section (h) of the parties’ joint pretrial statement and proposed order (and not already excluded by the Court in limine) (¶ 21) 3 Days Before Trial File form exhibit and witness lists (¶ 22)

Judge Gilliam's Civil Standing Order

[Source: https://cand.uscourts.gov/sites/default/files/standing-orders/HSG-Civil-Standing-Order-7.9.2024-FINAL.pdf]

United States District Court Northern District of California

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

STANDING ORDER FOR CIVIL CASES BEFORE DISTRICT JUDGE HAYWOOD S. GILLIAM, JR.

CONFORMITY TO RULES 1. Parties and counsel 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 this Court’s standing orders. SERVICE OF STANDING ORDER 2. Plaintiff (or in the case of removed cases, any removing defendant) shall promptly serve copies of this standing order 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. Following service, the responsible party shall file a certificate of service with the Clerk of this Court. COMMUNICATION WITH THE COURT 3. Counsel shall not attempt to contact Judge Gilliam or his chambers staff by telephone, email, or any other ex parte means, but may contact his Courtroom Deputy, Nikki Riley, at (510) 637-3543 regarding scheduling or other appropriate matters. SCHEDULING 4. All in-person hearings and appearances will be held in Courtroom 2 on the 4th Floor of the United States Courthouse, 1301 Clay Street, Oakland, California. 5. Civil case management conferences are generally conducted via Public Zoom Webinar on Tuesdays at 2:00 p.m. 6. Civil pretrial conferences are generally conducted in person on Tuesdays at 3:00 p.m.
7. Civil motions are generally heard in person on Thursdays at 2:00 p.m.

United States District Court Northern District of California 8. Trials are generally conducted from 8:30 a.m. until 1:30 p.m., Monday through Friday. Please refer to this Court’s Civil Pretrial and Trial Standing Order for information regarding civil trials. 9. Counsel need not reserve motion hearing dates, but should check Judge Gilliam’s scheduling notes on the Court’s website to determine the next available law and motion calendar date. Motions may be reset as the Court’s calendar requires. The order of call on each calendar will be determined by the Court. Scheduling questions should be addressed to Judge Gilliam’s Courtroom Deputy. 10. The Court may find a matter suitable for disposition without oral argument and vacate the hearing on the matter. If, however, any party advises the Court in writing by no later than two days from the date of the order vacating the hearing that the argument for its side will be conducted by a lawyer who has been licensed to practice law for five or fewer years, then the Court will consider rescheduling the hearing in order to provide that opportunity. INVITATION TO SELF-IDENTIFY PRONOUNS AND HONORIFICS 11. Litigants and lawyers may indicate their pronouns (e.g., she/her, he/him, they/their) and honorifics (e.g., Mr., Ms., Mx., Dr.) by filing a letter, adding the information in the name block or signature line of the pleadings, or verbally informing the Court when making an appearance. CASE MANAGEMENT CONFERENCES 12. The parties must file a joint case management statement addressing those items required by the Standing Order for all Judges of the Northern District of California. Parties shall file their joint statement not less than seven calendar days prior to the case management conference. In cases involving pro se litigants, the parties may file separate case management statements. 13. Consistent with Local Rule 16-8(c) and Alternative Dispute Resolution (“ADR”) Local Rule 3-5(b), at least seven calendar days prior to the case management conference, the parties shall also file the Stipulation and Proposed Order form, which identifies the ADR process that the parties have selected and a proposed deadline by which the parties will conduct the ADR

United States District Court Northern District of California session. The court form is available at:
https://www.cand.uscourts.gov/filelibrary/3389/ADR_Stip_fillable.pdf The default timing for ADR is within 90 days of the initial case management conference. To the extent the parties cannot agree on form or timing, they should explain the dispute in the joint statement and be prepared to discuss it at the initial case management conference. 14. In proposing a case schedule, the parties should agree on a trial date and work backward from that date to ensure adequate time for expert discovery, dispositive and Daubert motions, class certification motions, and other events. The Court provides the following additional guidance: • Daubert motions must be filed and heard by the dispositive motion hearing deadline.
• The parties must allow at least twelve weeks between the proposed dispositive and Daubert motions hearing deadline and the proposed final pretrial conference. • The parties must also allow at least two weeks between the proposed final pretrial conference and the first day of the proposed trial. The Court’s expectation is that many cases can and should be able to be tried within twelve months of the case management conference. Counsel requesting longer pretrial periods must be prepared to justify that request at the initial case management conference. 15. Once the Court has entered a case schedule, the parties may not move the dates except by Court order. If the parties seek to move one of these dates, the parties must file a joint statement of no more than three pages proving particularized good cause for the requested change.
A trial date typically will be set at the initial case management conference. Once set, the trial date will not be continued absent compelling good cause. 16. The attorney appearing at a case management conference must have full authority to make decisions about any issue that may come up during the conference. REMOTE APPEARANCES 17. Aside from civil case management conferences, which are generally conducted via Public Zoom Webinar, attorneys may not appear remotely absent a showing of good cause. In general, any attorney who wishes to argue at a motion hearing may not appear remotely. Parties

United States District Court Northern District of California must file any request to appear remotely at least one week in advance of the hearing. DISCOVERY DISPUTES 18. Discovery disputes should be brought to the Court’s attention as early as possible.
If the parties cannot resolve their discovery dispute after a good faith effort, they shall prepare and file a joint letter of no longer than five pages stating the nature and status of their dispute. As soon as a discovery-related matter arises, the Court may refer the case to a Magistrate Judge to handle all discovery disputes. After a Magistrate Judge has been assigned to a case for discovery, the parties in that case must handle any discovery matters according to the procedures set by that Judge. 19. The parties must allow sufficient time for the assigned Magistrate Judge to resolve discovery disputes before the close of discovery. Absent truly compelling reasons, the Court will not extend case deadlines based on a pending discovery dispute. MOTIONS FOR SUMMARY JUDGMENT 20. Parties are limited to filing one motion for summary judgment. Any party wishing to exceed this limit must request leave of Court and must show good cause. 21. Joint statements of undisputed facts are not required but are helpful if completely agreed upon. Separate statements of undisputed facts may not be filed.
EXHIBITS 22. Where each party relies on the same exhibit, the later-filing party should cite to the earlier-filed exhibit and should not file a duplicate exhibit. If possible, the parties should meet and confer prior to filing a motion and submit a joint appendix of evidence. CITATIONS 23. If either party cites to an unpublished case, the Court generally prefers Westlaw citations. If the Westlaw citation cannot be provided, the party should include the case number, court name, and exact date of publication in the citation. PROPOSED ORDERS 24. Proposed orders shall be submitted in Word format by email to HSGpo@cand.uscourts.gov on the same day the proposed order is e-filed.

United States District Court Northern District of California FILING AND COURTESY COPIES 25. Each PDF document should be text-searchable whenever practicable. This requirement is waived for litigants proceeding pro se. 26. Paper courtesy copies shall not be submitted unless the Court requests them. The Court may at times order the parties to provide digital courtesy copies of motions filings, including supporting documents, on portable media (e.g., a CD or flash drive). MOTIONS TO SEAL 27. Any party seeking to file a document under seal must carefully review and comply with Civil Local Rule 79-5, except as that Rule is modified here for civil cases before Judge Gilliam. 28. When submitting a motion to seal, the filing party must state whether the compelling reasons or good cause standard applies and explain why. See Kamakana v. City and Cnty. of Honolulu, 447 F.3d 1172, 1178-82 (9th Cir. 2006). 29. The filing party must make a specific showing explaining why each document that it seeks to seal may justifiably be sealed and why the proposed redactions are as narrowly tailored as possible, rather than making blanket statements about the grounds for sealing. Generic and vague references to “competitive harm” are almost always insufficient justification for sealing. 30. Any proposed order under Civil Local Rule 79-5(c)(3) must include in the table for each item sought to be sealed: (1) the docket numbers of the public and provisionally sealed versions of documents sought to be filed under seal; (2) the name of the document; (3) the specific portion(s) of the document sought to be filed under seal; and (4) the filer’s reasons for seeking sealing of the material, along with citations to the relevant declarations and any supporting legal authority. 31. Parties may use the following format as a guide:

United States District Court Northern District of California 32. Any declaration by a Designating Party under Civil Local Rule 79-5(f)(3) must include a new proposed order in the tabular format required by Civil Local Rule 79-5(c)(3) that includes the Designating Party’s reasons for sealing the material. In addition, any declaration by a Designating Party under Civil Local Rule 79-5(c)(3) that seeks less extensive sealing than its associated administrative motions to seal must be accompanied by revised redacted and unredacted versions of the documents sought to be sealed that comply with the requirements of Civil Local Rule 79-5(d) and (e), including the requirement that the portions sought to be sealed must be clearly marked on the unredacted version. IT IS SO ORDERED. Dated: July 9, 2024

HAYWOOD S. GILLIAM, JR. United States District Judge

Judge Gilliam's Criminal Pretrial & Trial Standing Order

[Source: https://cand.uscourts.gov/sites/default/files/standing-orders/HSG-Criminal-Pretrial-and-Trial-Standing-Order.pdf]

United States District Court Northern District of California UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA CRIMINAL PRETRIAL AND TRIAL STANDING ORDER BEFORE DISTRICT JUDGE HAYWOOD S. GILLIAM, JR. SCHEDULING 1. Trial is set for 8:30 a.m. on __________________, in Courtroom 2, 4th floor, 1301 Clay Street, Oakland, California. 2. A Pretrial Conference shall be held at 2:00 p.m. on ___________________, in Courtroom 2, 4th floor, 1301 Clay Street, Oakland, California. Counsel shall confer in advance of the Pretrial Conference and should be prepared to discuss any pending motions in limine, as well as the items listed in Local Criminal Rule 17.1-1(b). PRETRIAL FILINGS 3. All pretrial filings in the Court’s criminal cases shall be submitted to the Oakland Clerk’s Office. 4. A joint pretrial statement shall be filed at least seven days prior to the Pretrial Conference and shall address all of the items listed in Criminal Local Rule 17.1-1(b). 5. In addition, the government and, to the extent consistent with defendant’s right to an effective defense, defense counsel shall do the following at least seven days prior to the Pretrial Conference:
a. Serve and file a trial memorandum that briefly states the legal bases for the charges and the anticipated evidence, and addresses any evidentiary, procedural, or other anticipated legal issue; b. Serve and file a witness list that includes a brief summary of the testimony of each witness; and c. Serve and file exhibit lists and serve copies of all marked exhibits on all parties.
Each item shall be premarked; generally, the Government shall use numbers 1– 100 and the Defendant shall use 101–200 – modified to meet the needs of the case. The parties shall refer to the “EXHIBITS” portion of this order for further instruction on exhibits.

United States District Court Northern District of California 6. All parties shall do the following at least seven days prior to the Pretrial Conference: a. Jointly serve and file proposed jury instructions. The parties shall meet and confer and file a joint set of proposed jury instructions, if they can agree, arranged in the order the parties propose the Court give the instructions. The parties should use the Ninth Circuit Model jury instructions where possible. Any modifications to a form instruction must be plainly identified to the Court. Any language a party proposes to be removed from a model instruction must be designated with a strikethrough and language proposed to be added to a model instruction must be underlined.
b. The parties should include proposed text for all proposed jury instructions, even for any form preliminary instructions, general instructions, or concluding instructions on which they agree. Instructions upon which the parties agree shall be identified as “Stipulated Instruction No. __ Re __________,” with blanks filled in as appropriate.
c. If, after meeting and conferring in good faith, the parties cannot agree on a proposed jury instruction, each party’s proposed version shall be provided and identified as “Disputed Instruction No. __ Re _______, Offered by ________,” with blanks filled in as appropriate. All proposed versions of the same instruction shall bear the same number. Following each set of proposed versions of a disputed instruction, each party shall explain, in no more than one page, why the Court should give that party’s proposed instruction. If the parties dispute whether a particular instruction should be given at all, the proponent of the instruction shall provide proposed language, identified as “Disputed Instruction No. __ Re _______, Offered by ________,” with blanks filled in as appropriate. Following the disputed instruction, each party shall explain, in no more than one page why the instruction should or should not be given. d. Counsel shall e-mail a copy of their proposed jury instructions in Word format to HSGpo@cand.uscourts.gov.

United States District Court Northern District of California e. Serve and file proposed voir dire questions. The parties shall meet and confer and file a joint set of proposed voir dire questions for the Court to ask.
f. If, after meeting and conferring in good faith, there are proposed questions about which the parties do not agree, each party may submit a list of disputed questions they wish to be put to the venire. The proponent of each disputed question shall provide proposed language, identified as “Disputed Question No. __, Offered by __________,” with blanks filled in as appropriate. No argument concerning why a disputed proposed question should or should not be asked shall be submitted.
g. Counsel shall e-mail a copy of their proposed voir dire in Word format to HSGpo@cand.uscourts.gov. h. In addition to the basic voir dire conducted by the Court, the Court may allow an additional period of voir dire by counsel in its discretion. i. Serve and file verdict forms. The parties shall meet and confer and file a joint proposed verdict form, if they can agree. If, after a good faith effort to meet and confer, the parties cannot agree on a joint form, the parties may submit separate proposed verdict forms. If the verdict form is disputed, each party shall explain, in no more than one page, why its proposed verdict form should be given.
Counsel shall e-mail a copy of their proposed verdict forms in Word format to HSGpo@cand.uscourts.gov. 7. Parties shall deliver two copies of the pretrial statement, attaching the items described above, in three-ringed binders that comply with the instructions at paragraph 19 below to the Oakland Clerk’s Office.
MOTIONS IN LIMINE 8. The parties are encouraged to resolve trial issues by stipulation where possible and to come to agreement on uncontested matters. Any party wishing to have motions in limine heard prior to the commencement of trial must file and serve them at least fourteen (14) days prior to the Pretrial Conference. Any opposition thereto must be filed and served at least seven (7) days before the Pretrial Conference. Reply briefs are not permitted.

United States District Court Northern District of California 9. Each motion and opposition shall be no longer than five pages and should address a single, separate topic. Motions should be clearly identified as “___________’s Motion in Limine No. __ Re: __________.”
10. Courtesy copies of all motions in limine and oppositions thereto shall be provided in the manner set out at paragraph 19. EXHIBITS 11. The parties are to jointly prepare a single set of trial exhibits. Each item shall be pre­ marked with a trial exhibit sticker (“Trial Exhibit No.”), not a deposition exhibit label, and defendant’s exhibit numbers shall be sequenced to begin after the government’s exhibit numbers.
12. Exhibits shall be identified with tags in the format shown here: 13. The parties shall agree on blocks of numbers to fit the needs of the case (e.g., the Government has 1–100, Defendant has 101–200) and make a good faith effort to avoid marking the same exhibit in their respective blocks. If the same exhibit is marked by more than one party, the Defendant shall withdraw the duplicative exhibit (but should not renumber its portion of the exhibit list.) 14. Two sets of binders containing copies of the exhibits must be provided to the Clerk’s office in Oakland five days before trial. One should be marked “Chambers Copies” and the other as “Clerk’s Copies.” Each exhibit must be separated with a label divider identifying the exhibit

United States District Court Northern District of California number. Each binder should bear a spine label indicating the numbers of the exhibits contained therein.
15. Counsel must consult with each other and Judge Gilliam’s Courtroom Deputy, Nikki Riley, at the beginning of the first day of trial regarding the procedure for tracking admitted exhibits and any limitations thereon. If there are any disagreements between the parties regarding the status of the exhibits, counsel should bring them promptly to the Court’s attention 16. At the close of evidence, before closing arguments, counsel must confer with Ms. Riley to ensure the exhibits in evidence are in good order. 17. Upon the conclusion of the trial, the admitted exhibits are filed by the Court. The exhibits not admitted are returned to counsel. OPENING STATEMENTS 18. Parties must meet and confer to exchange any visuals, graphics, or exhibits to be used in opening statements. Unless otherwise agreed, the exchange must occur no later than close of business the Wednesday before trial. Any objections not resolved must be filed in writing by the Thursday before trial. The parties shall be available by telephone on the Friday before trial to discuss the issues raised with the Court. COURTESY COPIES 19. Counsel shall submit two courtesy copies of all filings. All courtesy copies must be double-sided, three-hole punched at the left margin, and marked with the ECF stamp (case number, document number, date, and page number) on the top of each page. These printed copies shall be marked “Chambers Copy – Do Not File” and shall be in an envelope clearly labeled with Judge Gilliam’s name and the case number. Exhibits to motions or declarations shall be side- tabbed and numbered or lettered. If the documents filed exceed 50 pages including exhibits, the filing party shall submit courtesy copies in three ring binders.
20. In addition, one extra copy of the witness lists and exhibit lists should be furnished to the court reporter.

TRANSCRIPTS 21. Should a daily transcript and/or real-time reporting be desired, the parties shall e-file a transcript order form (CAND 435), at least 14 days before trial. TECHNOLOGY 22. The courtroom is equipped with monitors and a sound system. Should the parties wish to utilize additional technology, the United States Marshals Service requires a court order to allow equipment into the Courthouse. The parties must file a written request and proposed order no later than seven days prior to the beginning of trial if they wish to bring any such technology into the Courthouse. Parties should be prepared to fix any equipment, if necessary. IT IS SO ORDERED. Dated: February 21, 2019 HAYWOOD S. GILLIAM, JR. United States District Judge United States District Court Northern District of California

Judge Gilliam's Criminal Standing Order

[Source: https://cand.uscourts.gov/sites/default/files/standing-orders/HSG-Criminal-Standing-Order.pdf]

United States District Court Northern District of California

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

STANDING ORDER FOR CRIMINAL CASES BEFORE DISTRICT JUDGE HAYWOOD S. GILLIAM, JR.

CONFORMITY TO RULES 1. Parties and counsel shall follow the Federal Rules of Criminal Procedure, the Criminal Local Rules, and the General Orders of the Northern District of California, except as superseded by this Court’s standing orders. COMMUNICATION WITH THE COURT 2. Counsel shall not attempt to contact Judge Gilliam or his chambers staff by telephone, email, or any other ex parte means, but may contact his Courtroom Deputy, Nikki Riley, at (510) 637-3543 regarding scheduling or other appropriate matters. SCHEDULING 3. All hearings and appearances will be held in Courtroom 2 on the 4th Floor of the United States Courthouse, 1301 Clay Street, Oakland, California.
4. The criminal law and motion calendar is generally conducted at 2:00 p.m. on Wednesdays at the Oakland Courthouse. Pretrial conferences are generally conducted at 3:00 p.m. on Tuesdays. 5. Trials are generally conducted from 8:30 a.m. until 1:30 p.m., Monday through Friday, at the Oakland Courthouse. Please refer to this Court’s Criminal Pretrial and Trial Standing Order for information regarding criminal trials. CHANGE OF PLEA 6. If a plea is being entered pursuant to a plea agreement, counsel for the government shall email a copy of the plea agreement to the Court (with all counsel cc’d) to HSGcrd@cand.uscourts.gov by 2:00 p.m. the Friday before the plea is to be entered. If there is to

United States District Court Northern District of California be an open plea, counsel for the defendant shall notify the Court by 2:00 pm the Friday before the open plea is to be entered. MANDATORY REMAND STATUTE Prior to change of plea and sentencing hearings for out-of-custody Defendants, the government shall indicate whether the offense of conviction is subject to the mandatory remand statute, 18 U.S.C. § 3143. The government shall email the Court (with all counsel cc’d) to HSGcrd@cand.uscourts.gov by no later than the Monday before the hearing. MOTIONS 7. Motions must be noticed for a hearing in accordance with Criminal Local Rule 47-

1. Counsel need not reserve a hearing date in advance. However, before selecting a hearing date, counsel must consult Judge Gilliam’s scheduling notes to determine which dates are available.
   Motions may be reset as the Court’s calendar requires. All motions shall comply with Criminal Local Rule 47-2. Please refer to this Court’s Criminal Pretrial and Trial Standing Order for information regarding motions in limine. COURTESY COPIES

Paper courtesy copies shall not be submitted unless the Court requests them. The Court may at times order the parties to provide digital courtesy copies of motions filings, including supporting documents, on portable media (e.g., a CD or flash drive). IT IS SO ORDERED. Dated: January 6, 2025

HAYWOOD S. GILLIAM, JR. United States District Judge

Judge Gilliam's Standing Order for Patent Cases

[Source: https://cand.uscourts.gov/sites/default/files/standing-orders/HSG-Patent-Standing-Order.pdf]

United States District Court Northern District of California

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

STANDING ORDER FOR PATENT CASES BEFORE DISTRICT JUDGE HAYWOOD S. GILLIAM, JR. CONFORMITY TO RULES 1. Parties and counsel shall follow the Federal Rules of Civil Procedure, the Patent Local Rules, and the General Orders of the Northern District of California, except as superseded by this Court’s standing orders. REFERRAL TO MAGISTRATE JUDGE 2. Any dispute regarding any party’s patent disclosures pursuant to Patent Local Rules 3-1 to 3-5 typically is referred to the assigned Magistrate Judge. Requests to amend or strike a party’s infringement contentions or invalidity contentions are likewise typically referred to the assigned Magistrate Judge. JOINT CLAIM CONSTRUCTION STATEMENT 3. The initial joint claim construction statement required by Patent Local Rule 4-3 must be truly joint. Disputed terms, phrases, and clauses must be designated as disputed. All other terms will be presumed to be undisputed. For any term in dispute, the parties must agree on the identity of the term. With regard to disputed terms, phrases, or clauses, the joint statement will list each disputed term, phrase, or clause (listed by claim); each party’s proposed construction; and support for each party’s proposed construction side by side. A model claim construction statement is attached to this Order. 4. Parties must attach to the joint claim construction statement copies of all patents in dispute. Parties must also make a complete prosecution history for each patent available to the Court upon request.

United States District Court Northern District of California CLAIM CONSTRUCTION 5. The Court will generally construe no more than 10 terms. If multiple terms present identical issues, they may be grouped together or a representative term may be chosen, and each group or representative term may be considered a single term for purposes of the ten-term limit. If more than ten terms are at issue, the parties must meet and confer before the preparation of the joint claim construction statement to narrow the number of terms that are to be construed by the Court and shall jointly propose the ten terms requiring construction. 6. If a party has a good-faith basis for believing that more than ten terms need to be construed, that party may request leave to designate additional terms for construction, pursuant to Civil Local Rule 7-11. The requesting party must demonstrate good cause and explain why other methods of limiting the terms at issue (such as the selection of representative terms or any grouping of terms by issues presented) would be ineffective. The request must be filed no later than two weeks before the deadline for filing the joint claim construction statement. If good cause is shown, the Court will either agree to construe all terms or schedule a later proceeding to construe the remaining terms before trial. If more than ten terms are submitted for construction without leave of court, the Court will construe only the first ten terms listed in the joint claim construction statement and sanctions may be imposed. TUTORIAL AND CLAIM CONSTRUCTION HEARING 7. All hearings and appearances will be held in Courtroom 2 on the 4th Floor of the United States Courthouse, 1301 Clay Street, Oakland, California. 8. At the tutorial, each side will generally be permitted 45 minutes to present a short summary and explanation of the technology at issue. The patentee presents first. Non- argumentative demonstrations and visual aids are encouraged, and the Court generally prefers that someone other than counsel make the presentation. No argument will be permitted. 9. Depending on the technology involved, the Court may determine that the assistance of a neutral expert would be helpful. In that case, the Court may direct the parties to confer and, if possible, reach an agreement as to three experts in the field who would be appropriate to act as a neutral expert to assist the Court during the claim construction proceedings and/or the trial. The

United States District Court Northern District of California Court will then choose one of the three to appoint as a neutral expert pursuant to Federal Rule of Evidence 706. The parties will split the cost of the expert equally. 10. At the claim construction hearing, each side will generally be permitted 90 minutes to present its argument. Claim construction will proceed like a typical oral argument, not a PowerPoint lecture. Demonstrative exhibits and visual aids that are duplicative of the arguments made in the parties’ claim construction briefs are strongly discouraged.
11. If the either party wishes to present testimony at the claim construction hearing, counsel must seek leave of Court by filing an administrative motion pursuant to Civil Local Rule 7-11 at least seven days in advance of the hearing.
SUBSEQUENT CASE MANAGEMENT REPORT 12. Upon issuance of the claim construction ruling, the Court will also set a date for the filing of a further joint case management status report. In that report, the parties must address the following topics: a. whether either party wishes the Court to certify the claim construction ruling for immediate appeal to the Federal Circuit; b. the filing of dispositive motions, and the timing of those motions; c. if willful infringement has been asserted, whether the allegedly-infringing party wishes to rely on the advice of counsel defense—if so, the parties should be prepared to address proposals for resolving any attorney-client privilege issues that arise, and whether the parties believe bifurcation of the trial into liability and damages phases would be appropriate; d. anticipated post-claim construction discovery; e. proposed deadlines and court dates for the remainder of the case schedule; f. any other pretrial matters; and
g. the progress of settlement discussions, if any. The Court will review the reports and, if necessary, schedule a further case management conference and enter any appropriate orders. IT IS SO ORDERED. Dated: March 10, 2017

HAYWOOD S. GILLIAM, JR. United States District Judge

United States District Court Northern District of California Sample Claim Chart

’123 Patent Claim Language (Disputed Terms in Bold)

Plaintiff’s Proposed Construction and Evidence in Support Defendant’s Proposed Construction and Evidence in Support

1. A method for counting ducks, comprising the steps of:

[or]

ducks

Found in asserted claim numbers: a, b, c, d

a bird that quacks

INTRINSIC EVIDENCE: ’123 Patent col. :_ (“a distinctive honking”); Prosecution History at __ (“This patent is distinguished from the prior art in that the quacking of the bird is featured.”).

DICTIONARY/TREATISE DEFINITIONS: Webster’s Dictionary (“A duck: bird that quacks”); Field Guide (“A bird call: quack”).

EXTRINSIC EVIDENCE: McDonald Depo. at : (“I’d say the quacking makes it a duck.”); Donald Decl. at __.

a bird that swims

INTRINSIC EVIDENCE: ’123 Patent col. :_ (“Ducks may be found on or near bodies of water.”); Prosecution History at __ (“Water fowl are particularly amenable to being counted by this method.”).

DICTIONARY/TREATISE DEFINITIONS: Random House Dictionary (“A duck: an aquatic bird”).

EXTRINSIC EVIDENCE: G. Marx Depo. at : (“Like a duck to water.”); Daffy Decl. at __.

(Or any other substantively similar format that permits the Court to compare terms side by side.)

View source on NDCA.uscourts.gov →