Judge Phyllis J. Hamilton — United States District Court, Northern District of California

Judge Hamilton's Civil Pretrial Instructions

[Source: https://cand.uscourts.gov/sites/default/files/standing-orders/PJH_Civil_Pretrial_Instructions_5-2021.pdf]

Judge Phyllis J. Hamilton Courtroom 3, 3rd Floor Kelly Collins, Courtroom Deputy (510) 637-1296 CIVIL PRETRIAL INSTRUCTIONS A. PRETRIAL MOTIONS

1. All dispositive motions are heard no later than 120 days before trial, unless leave of court is obtained for another deadline.

2. Only one summary judgment motion may be filed by each side, absent leave of court. Leave of court may be sought if multiple parties comprise one or both sides.
   Leave of court may be obtained by filing a motion for administrative relief pursuant to Civ. L. R. 7-11, or by requesting a case management conference or informal telephone conference.

3. Separate statements of undisputed facts in support of or in opposition to motions for summary judgment shall NOT be filed. See Civil L. R. 56-2. The parties may file a truly joint statement of undisputed facts only if all parties agree that the facts are undisputed.

4. Objections to evidence may no longer be filed separately but must be contained within the opposition or reply brief or memorandum. Civil L. R. 7-3.

5. Each party filing or opposing a motion shall also serve and file a proposed order which sets forth the relief or action sought and a short statement of the rationale of decision, including citation of authority that the party requests the court to adopt.

6. Footnotes in briefs appearing in smaller than the 12-point font required for the text, will be stricken, see Civil L. R. 3-4(c)(2), as will footnotes that are so numerous as to be clearly designed to defeat the page limits found at Civil L. R. 7-2 - 7-4. Any brief must separate sentences by 2 spaces after each sentence.

7. Motions pursuant to Daubert v. Merrill Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993), challenging the reliability of expert testimony, may be noticed for hearing on the date dispositive motions will be heard or on any available hearing date up to and including the date of the final pretrial conference. Irrespective of the hearing date, the

briefs shall be filed in accordance with Civil L. R. 7-2 - 7-5, on a 35-day briefing schedule.

8. Motions in limine are limited to motions to exclude specific items of evidence on a ground and upon such authority as would be sufficient to sustain an objection to such evidence at trial. The court will not generally consider a motion presenting a purely legal issue in the guise of a motion in limine.
9. Discovery motions will be referred to a Magistrate Judge for resolution. The words "Discovery Matter" shall appear in the caption of all documents relating to discovery to insure proper routing.
10. Confidential and/or sealed documents shall be handled in accordance with this court's standing order and Civil L.R. 79-5, both of which the parties shall consult before moving for a protective order or requesting a sealing order. Requests to seal documents used in conjunction with dispositive motions are rarely granted and then only upon a showing of the most compelling of reasons. B. FINAL PRETRIAL CONFERENCE
11. Each party shall attend personally or by counsel who will try the case.
12. Not less 35 days prior to the pretrial conference, all counsel and/or parties shall meet and confer regarding preparation of the joint pretrial statement.
13. Not less than 28 days prior to the pretrial conference, counsel and/or parties shall: a. Serve and file a joint pretrial statement. (Separately filed statements will not be accepted by the court and monetary sanctions will be imposed upon the party failing to cooperate in the preparation of a joint statement). The pretrial statement shall include the following: (i) A brief description of the substance of the claims and defenses which remain to be decided. (ii) A detailed statement of all relief sought, itemizing all elements of damages claimed. (iii) A statement of all relevant undisputed facts to which the parties will stipulate for incorporation into the trial record without the necessity of supporting testimony or exhibits. (iv) A statement of all relevant disputed facts which remain to be decided.

(v) A statement of stipulations requested or proposed. (vi) A brief statement of disputed points of law concerning liability and relief. Legal argument on these points shall be reserved for the trial briefs. (vii) A statement of whether bifurcation or a separate trial of specific issues is feasible and desired. (viii) A statement summarizing the status of settlement negotiations and indicating whether further negotiations are likely to be productive. b. Serve and file trial briefs (not to exceed 25 pages), which shall specify each cause of action and defense remaining to be tried along with a statement of the applicable legal standard (no opposition shall be filed); c. Serve and file no more than ten motions in limine, which shall be filed in one document not to exceed 25 pages; d. Serve and file a list of deposition excerpts for witnesses who will not testify in person, (specifying the witness, page and line references) and other discovery responses that will be offered at trial; e. Serve and file a list of all witnesses to be called at trial, in person or by deposition, other than solely for impeachment or rebuttal, with a brief statement describing the substance of the testimony to be given; f. Serve and file a numerical list of exhibits that will be offered as evidence in a party's case in chief in support of a claim or defense, with a brief statement describing the substance and purpose of each exhibit and the name of the sponsoring witness; g. Exchange exhibits which shall be premarked with an exhibit sticker tabbed and in binders. Plaintiff shall use numbers (1, 2, 3, etc.) and defendant shall use numbers preceded by a letter (A-1, A-2, A-3, etc.). Additional parties shall also use a letter preceding numbers (B-1, B-2, B-3, or C-1, C-2, C-3, etc.). h. Submit two sets for jury trials and three sets for court trials of all premarked exhibits to the Clerk's Office (exhibits are not filed);

i. Serve and file any request regarding the treatment of confidential or sealed documents. j. Serve and file proposed joint voir dire questions and joint jury instructions for cases to be tried by jury; k. Serve and file proposed findings of fact and conclusions of law for cases or claims to be tried by the court. l. Serve and file a proposed verdict form which contains no reference to submitting party. 4. No party shall be permitted to call any witness or offer any exhibit in its case in chief that is not disclosed in these pretrial filings without leave of court and for good cause. 5. Not less than 14 days prior to the pretrial conference, counsel and/or parties shall serve and file any opposition to a motion in limine and any counter deposition designations. No replies shall be filed. All motions shall be heard at the pretrial conference unless otherwise ordered. The parties shall not file separate objections, apart from those contained in the motions in limine, to the opposing party's witness list, exhibit list or discovery designations. A courtesy copy of any opposition brief must be delivered to the Clerk's Office no later than noon the day following the filing. 6. In advance of the pretrial conference, counsel and/or parties shall review the court-approved video entitled Understanding the Effects of Unconscious Bias, available at https://cand.uscourts.gov/attorneys/jury-video, which is designed to educate potential jurors about the role of unconscious bias in the work of juries. Counsel and/or parties shall be prepared at the pretrial conference to discuss any objections to showing this video to potential jurors before the jury selection process. Any objections to the video that are not raised at the pretrial conference will be deemed waived. 7. If counsel, parties and/or witnesses will require any special accommodations during trial, such requests shall be raised at the pretrial conference. C. JURY TRIAL Jury Selection shall proceed as follows: The Jury Commissioner will summon 20 to 25 prospective jurors. The Courtroom Deputy will select their names at random and seat them in the courtroom in the order in which their names are called. Voir dire will be conducted of sufficient venire members so that six to eight will remain after all peremptory challenges and an anticipated number of hardship dismissals and cause challenges have been made.

The court will then take cause challenges and discuss hardship claims at side bar. The court will inform counsel which hardship claims and cause challenges will be granted, but will not announce those dismissals until the selection process is completed.
Peremptory challenges will be made in writing. The court will strike at one time those with meritorious hardship claims, those excused for cause, and those challenged peremptorily, and then seat the first six to eight people remaining in numerical order. The attached voir dire questionnaire shall be given to the venire members and copies of the responses will be made available to counsel at the beginning of voir dire.
Counsel shall submit a joint 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 permitted brief follow-up voir dire after the court's questioning. The following jury instructions from the Ninth Circuit Manual of Model Jury Instructions Civil (2017 Edition) shall be given absent objection: 1.3 - 1.7, 1.9 - 1.18, 1.20 - 1.21, 3.1 - 3.3, and 3.5. Counsel shall submit a joint set of these instructions along with a joint set of case specific instructions using the Ninth Circuit Manual where appropriate. Any instructions on which counsel cannot agree may be submitted separately. Each instruction shall be typed in full on a separate page with citations to the authority upon which it is based and a reference to the party submitting it. A second blind copy of each instruction shall also be submitted omitting the citation to authority and the reference to the submitting party, but retaining the title of the instruction. An electronic version of the proposed instructions in Microsoft Word format (.doc or .docx) must be emailed to the court’s proposed order mailbox: pjhpo@cand.uscourts.gov. D. TRIAL SCHEDULE The court's trial schedule is 8:30 a.m. to 1:30 p.m. with two fifteen-minute breaks, on Monday, Tuesday, Thursday and Friday. Revised 5-12-21

CONFIDENTIAL JUROR QUESTIONNAIRE Please fill out this form as completely as possible and print clearly. This will assist the judge and the lawyers in selecting a jury and will save time for them and for you.
Because copies will be made for the attorneys and the judge, do not write on the back of any page. If you need more room, continue at the bottom of the page. Thank you for your cooperation. 1. Your name: 2. Your age: 3. City in which you reside: 4. If you have lived there for fewer than five years, where did you live before: 5. Your place of birth: 6. Do you own or rent your home? [ ] own [ ] rent 7. Your marital status: [ ] Live with [ ] Single [ ] Married [ ] Separated [ ] Divorced [ ] Widowed Partner 8. What is your occupation and how long have you worked in it? (If you are retired, please describe your main occupation when you were working). 9. Who is (or was) your employer? 10. If you have held this job for fewer than five years, describe your previous job: 11. Please list the occupations of any adults with whom you live:

If you have children, please list their ages and genders and, if they are employed, please give their occupations. 13. Please describe your educational background: Highest grade completed: College and/or vocational schools you have attended: Major areas of study: 14. Have you served in the military? 15. Have you ever had jury experience?
No. of times? If yes: State/County Court Federal Court When? Was it a civil or criminal case? Did any of the juries reach a verdict?

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA Case #: Plntf Exhibit No. Date Admitted: By: Kelly Collins, Deputy Clerk UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA Case #: Plntf Exhibit No. Date Admitted: By: Kelly Collins, Deputy Clerk UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA Case #: Plntf Exhibit No. Date Admitted: By: Kelly Collins, Deputy Clerk UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA Case #: Plntf Exhibit No. Date Admitted: By: Kelly Collins, Deputy Clerk UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA Case #: Plntf Exhibit No. Date Admitted: By: Kelly Collins, Deputy Clerk UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA Case #: Plntf Exhibit No. Date Admitted: By: Kelly Collins, Deputy Clerk UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA Case #: Plntf Exhibit No. Date Admitted: By: Kelly Collins, Deputy Clerk UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA Case #: Plntf Exhibit No. Date Admitted: By: Kelly Collins, Deputy Clerk UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA Case #: Plntf Exhibit No. Date Admitted: By: Kelly Collins, Deputy Clerk UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA Case #: Deft Exhibit Letter-No. Date Admitted: By: Kelly Collins, Deputy Clerk UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA Case #: Deft Exhibit Letter-No. Date Admitted: By: Kelly Collins, Deputy Clerk UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA Case #: Deft Exhibit Letter-No. Date Admitted: By: Kelly Collins, Deputy Clerk

Judge Hamilton's Criminal Standing Order

[Source: https://cand.uscourts.gov/sites/default/files/standing-orders/PJH_Criminal_Standing_Order_5-2021.pdf]

Judge Phyllis J. Hamilton Courtroom 3, 3rd Floor Kelly Collins, Courtroom Deputy (510) 637-1296 STANDING ORDER Criminal Cases 1. CALENDAR Criminal matters are heard on Wednesdays -- in custody matters at 1:30 p.m. and out of custody matters at 2:30 p.m. If either party wishes to have a matter placed on the Court’s calendar and if the defendant is in custody, counsel must contact the courtroom deputy by 1:30 p.m., the day before the defendant is to be transported to court by the U.S. Marshal. 2. MOTIONS Except for hearing and briefing dates set by the court, the parties may stipulate to any briefing schedule they wish as long as all briefing is complete at least 7 days in advance of the hearing. In the absence of a stipulation, motions (except those pertaining to sentencing) shall be filed at least 21 days in advance of the hearing date. Opposition briefs shall be filed at least 14 days in advance of the hearing date. Reply briefs shall be filed at least 7 days in advance of the hearing date. Motions pertaining to sentencing and sentencing memoranda shall be filed at least 7 days before the date on which Judgment and Sentencing is scheduled. Responses or objections shall be filed at least 5 days before the date on which Judgment and Sentencing is scheduled. A courtesy copy of all briefs shall be submitted in accordance with Civil L.R. 5­ 1(e). 3. CHANGE OF PLEA Judge Hamilton does not use an Application for Entry of Plea. However, counsel for the government shall deliver a copy of the Plea Agreement to chambers by 5:00 p.m., the day before the plea is to be entered. Should the plea not involve a Plea Agreement, counsel for the defendant shall notify the courtroom deputy of the entry of an open plea by 5:00 p.m., the day before the plea is to be entered.

CONFORMITY WITH LOCAL RULES RE: EVIDENTIARY SUBMISSIONS All motions and oppositions to motions shall comply with Crim. L.R. 47-2(b), which requires that motions “presenting issues of fact . . . be supported by affidavits or declarations which comply with the requirements of Civil L.R. 7-5.” Civil L.R. 7-5, in turn, requires that “[f]actual contentions made in support of or in opposition to any motion must be supported by an affidavit or declaration and by appropriate references to the record.” Moreover, other evidence in support of or in opposition to any motion “must be appropriately authenticated by an affidavit or declaration.” That rule further requires that affidavits and declarations contain factual contentions only, avoiding conclusions and legal argument, and “conform as much as possible to the requirements of FRCivP 56(e).” Revised 5-12-2021

Judge Hamilton's Patent Standing Order

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

Judge Phyllis J. Hamilton Courtroom 3, 3rd Floor Kelly Collins, Courtroom Deputy (510) 637-1296 STANDING ORDER FOR PATENT CASES

The following instructions shall apply to all patent cases assigned to Judge Phyllis Hamilton.

Joint Claim Construction Statement 1. The joint claim construction statement required by Pat. L. R. 4-3 must be truly joint. Disputed terms, phrases, and clauses must be clearly designated as disputed. All other terms will be presumed undisputed. For any term in dispute, the parties must agree on what the term actually is. With regard to disputed terms, phrases, or clauses, the joint statement must 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 joint claim construction statement is attached to this order. 2. 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. Claim Construction
3. As an initial matter, the court will construe no more than ten terms. If more than ten terms are in dispute, the parties must meet and confer before the preparation of the joint claim construction statement on narrowing the selection of terms to be construed by the court and must jointly propose the ten terms requiring construction. 4. If a party genuinely believes that it will require that more than approximately ten terms be construed, that party may move pursuant to Civ. L. R. 7-11 for leave to designate additional terms for construction. The requesting party must demonstrate good cause and explain why other methods of limiting the claims at issue (such as selecting representative claims or grouping claims 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, if necessary, schedule a second claim construction proceeding on the terms that exceed ten. If more than ten terms are submitted for construction without leave of court, the court will construe the first ten terms listed in the joint claim construction statement and sanctions may be imposed.

Claim construction briefs must address each disputed term, but only those that are truly disputed. The disputed terms must be addressed by both parties in the same order as they appear in the joint claim construction statement. Additionally, the parties shall advise the court terms disputed in the joint claim construction statement are no longer disputed in the briefs. And of course, the briefs may not address disputes that are not set forth in the joint claim construction statement. The court anticipates that a meaningful meet and confer preceding the preparation of the joint claim construction statement will obviate the need for a party to propose in its briefs a claim construction that differs from that proposed in the statement. While the court encourages the parties to negotiate mutually agreeable constructions, the court discourages the parties from proposing new constructions for the first time in reply briefs or other filings which do not afford the opposing party an opportunity to respond. However, if it becomes necessary for a party to propose a different construction in its brief than that found in the joint claim construction statement, that party must clearly set forth the new construction and explain the basis for the change. Additionally, that party shall revise the joint claim construction statement, so that the court will have one document reflecting all current proposed constructions. Tutorial and Claim Construction Hearing
6. The court will schedule a tutorial to occur two to four weeks prior to the claim construction hearing. Each side will be permitted 30-45 minutes to present a summary of the background of the technology involved, an explanation of the nature of the problem the inventor sought to solve, and reference to the prior art in existence at the time of conception. The patent holder will make the first presentation. Visual aids are encouraged. The court prefers that someone other than counsel make the presentation. No argument or examination will be permitted. The proceeding is not recorded and statements made during the tutorial may not be cited as judicial admissions against a party.
7. Prehearing conferences are not generally held. However, either party may request a telephone conference within two weeks prior to the hearing, or the parties may address any prehearing issues at the tutorial.
8. The patent holder will act as the moving party for the purposes of claim construction. Opening briefs in support of claim construction must be filed at least six weeks before the date of the claim construction hearing, and the briefing schedule set forth at Patent L. R. 4-5 will apply.
9. The court will not ordinarily hear extrinsic evidence at the claim construction hearing. Should it become apparent that testimony will be necessary, counsel may request a telephone conference with the court within two weeks of the hearing to seek the court’s approval.
10. Demonstrative exhibits and visual aids are permissible at the hearing as long as they are based on information contained in the papers already filed. Counsel shall exchange copies of exhibits no later than forty eight hours prior to the hearing.

The claim construction hearing will generally be scheduled for no longer than 3 hours on Wednesday’s law and motion calendar. However, the court will specially set the hearing on a different day and for a longer period of time if warranted.
Counsel should request a telephone conference with the court as soon as it is apparent that a special setting is necessary. Subsequent Case Management Conference 12. Upon issuance of the claim construction ruling, the court will also set a date for a further case management conference. In the case management statement to be filed 7 calendar days prior to the conference, the parties must address the following topics: a) anticipated post-claim construction discovery;
b) the filing of dispositive 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) the progress of settlement discussions, if any; e) any other pretrial matters.

Sample Claim Construction Statement

Claim Language (Disputed Terms in Bold) ‘xxx Patent 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 claim numbers: ‘xxx Patent: y, z ‘yyy Patent: a, b

duck PROPOSED CONSTRUCTION: a bird that quacks.
DICTIONARY/TREATISE DEFINITIONS: Webster’s Dictionary (“duck: bird that quacks”); Field Guide (“bird call: quack”);
INTRINSIC EVIDENCE: ‘xxx Patent col. :_ (“distinctive honking”); Prosecution History at __ (“This patent is distinguished from the prior art in that the quacking of the bird is featured”). EXTRINSIC EVIDENCE: McDonald Depo. at xx:xx (“I’d say the quacking makes it a duck”); ‘123 Patent at col _:; Donald Decl. at ¶ __ .
duck PROPOSED CONSTRUCTION: a bird that swims
DICTIONARY/TREATISE DEFINITIONS: Random House Dictionary (“an aquatic bird”); Field Guide (same) INTRINSIC EVIDENCE: ‘xxx 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”). EXTRINSIC EVIDENCE: G. Marx Depo at xx:xx (“like a duck to water”); ‘456 Patent at col _:_; Daffy Decl. at ¶ __.
(Or any other substantively similar format that permits the court to compare terms side by side) NOT: Claim Language (Disputed Terms in Bold) ‘xxx Patent Plaintiff’s Proposed Construction and Evidence in Support Defendant’s Proposed Construction and Evidence in Support

1. A method for counting ducks . . .
   duck counting ducks

Judge Hamilton's Standing Order re: Discovery Disputes, Protective Orders, and ESI Orders

[Source: https://cand.uscourts.gov/sites/default/files/standing-orders/PJH_Standing_Order_re_Discovery_Disputes_-Protective-Orders_-and_ESI_Orders.pdf]

Judge Phyllis J. Hamilton Courtroom 3, 3rd Floor Kelly Collins, Courtroom Deputy (510) 637-1296 STANDING ORDER REGARDING DISCOVERY DISPUTES, PROTECTIVE ORDERS, AND ESI ORDERS Discovery Disputes 1. If meeting and conferring by email, letter, or phone call proves unsuccessful in resolving a discovery dispute, the parties must confer face-to-face by videoconference before seeking relief from the court. Any party refusing to participate in the videoconference will do so at the risk of sanctions. If the dispute is not resolved, then, within ten business days of the videoconference, the parties must file a Joint Letter with the court. The Joint Letter may not exceed five pages. The Joint Letter must include a description of every issue in dispute and, with respect to each such issue, a detailed summary of each party’s final substantive position and its respective proposed resolution on each issue. On receipt of the Joint Letter, the court will determine what, if any, future proceedings are necessary. The procedures in this order apply to disputes among the parties to this action as well as disputes between parties and non-parties served with subpoenas. Proposed Protective Orders 2. The court will not approve a broad protective order that essentially gives each party carte blanche to decide which portions of the record will be sealed and, therefore, not made part of the public record. See Civ. L.R. 79-5; Citizens First Nat'l Bank v. Cincinnati Ins. Co., 178 F.3d 943 (7th Cir. 1999). Fed. R. Civ. P. 26(c) as well as the local rules require the court to determine whether good cause exists to seal any portion of the record. Therefore, all proposed protective orders submitted for court approval which contain provisions for filing documents under seal, must also provide a procedure for obtaining the sealing order that complies with Civ. L.R. 79-5. Redline Comparisons 3. This district maintains a model stipulated protective order and a model order regarding the discovery of electronically stored information (“ESI”).1 When filing a proposed stipulated protective order or ESI order, the parties must also file a redline comparison of their proposed order against its respective model order. https://www.cand.uscourts.gov/forms/model-protective-orders/ https://cand.uscourts.gov/forms/e-discovery-esi-guidelines/

The subject redline must clearly show all tracked changes from the model order.
Additionally, as required for all proposed orders, the parties must also send a Microsoft Word version of their order to pjhpo@cand.uscourts.gov. Use of Confidential Documents at Trial 4. Any document will lose its confidential status if offered as an exhibit at trial, absent a showing of the “most compelling” reasons. See Manual for Complex Litigation § 21.432; Foltz v. State Farm Mut. Auto. Ins. Co., 331 F.3d 1122, 1135­ 36 (9th Cir. 2003). This rule applies despite any provision of a protective order to the contrary or any prior confidentiality designation assigned to such a document.
Any party believing that a document, portions thereof, or witness testimony should remain confidential during trial must request in advance of trial that the court take extraordinary measures to protect the confidentiality of that information. The request must be made in writing and filed no later than the date on which pretrial papers are due. Rev. 10-04-2021

Judge Hamilton's Standing Order re: Removal

[Source: https://cand.uscourts.gov/sites/default/files/standing-orders/PJH_Standing-Order-Removed-Cases.pdf]

Judge Phyllis J. Hamilton Courtroom 3, 3rd Floor

Kelly Collins, Courtroom Deputy (510) 637-1296

STANDING ORDER RE REMOVED CASES

The following instructions shall apply to all removed cases assigned to Judge Phyllis Hamilton.

Upon removal of this action, the removing defendant or defendants shall, within ten (10) days of the date of removal, file and serve a submission providing the following information:

Whether all defendants served at the time of removal joined in the notice of removal.

Whether the notice of removal was dated more than thirty (30) days after the first defendant was served.

If the action has been removed on the grounds of diversity jurisdiction, whether any defendant served at the time of removal is a citizen of California.

If the action has been removed on the grounds of diversity jurisdiction, the citizenship of all named plaintiffs and all named defendants (including the citizenship of all members or partners in any non-corporate party).

If plaintiff wishes to respond to defendant’s submission, such response, if any, shall be filed and served within ten (10) days of defendant’s submission. Any motion to remand the action to state court based on any defect other than lack of subject matter jurisdiction shall be filed within thirty (30) days after removal. See 28 U.S.C. § 1447(c).

Rev. 3-9-2015

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