Judge Ajay S. Krishnan — United States District Court, Northern District of California
Magistrate Judge
Practice notes for litigators appearing before Judge Krishnan in the N.D. Cal.. Sourced from the judge's individual rules, standing orders, and chambers procedures published by the court.
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Individual Practices
Judge Krishnan's Civil Standing Order
[Source: https://cand.uscourts.gov/sites/default/files/standing-orders/ASK-Standing-Order-for-Civil-Cases_4.28.26.pdf]
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA OAKLAND DIVISION
CIVIL STANDING ORDER FOR MAGISTRATE JUDGE AJAY S. KRISHNAN Updated April 28, 2026
General Unless otherwise indicated by the Court, this Standing Order applies to all categories of civil cases before Magistrate Judge Ajay S. Krishnan. The Parties shall follow the Federal Rules of Civil Procedure, as well as the Northern District of California’s Local Rules and General Orders, except as expressly modified herein. Counsel shall also comply with the Northern District of California’s Guidelines for Professional Conduct (available at https://perma.cc/BB7B- XTQX). Counsel shall review and be familiar with this Standing Order. Failure to comply with any of the applicable rules and orders, including this Standing Order, may be deemed sufficient grounds for sanctions (monetary or otherwise), revocation of pro hac vice admission, referral to appropriate state or local bar authorities, dismissal, entry of default judgment, or other appropriate sanctions. Plaintiff (or in the case of removed cases, any removing Defendant) is directed: (a) to serve copies of this Standing Order upon all other Parties to the action within seven (7) calendar days of the appearance of these other Parties, including any subsequently joined Parties, pursuant to 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.
Consent Cases In civil cases that are randomly assigned to Judge Krishnan for all purposes, the parties will be asked to submit a form indicating their consent or declination to magistrate judge jurisdiction. The Court asks that the parties file this form promptly.
Motions Hearings. Civil motions (other than discovery motions) may be noticed for hearing on Wednesdays at 1:30 p.m., in Courtroom 4, 3rd Floor, United States District Court, 1301 Clay Street, Oakland, California. Counsel need not reserve a hearing date in advance, and noticed
dates may be reset as the Court’s calendar requires. Before noticing a motion for hearing, please
check the Court’s schedule (available at https://apps.cand.uscourts.gov/CEO/cfd.aspx?71CD)
and review the list of unavailable dates. Scheduling questions should be addressed to Judge
Krishnan’s courtroom deputy, Kim Means, at (510) 637-1296 or askcrd@cand.uscourts.gov.
Unless the Court orders otherwise, all law and motion hearings, except for discovery
disputes, will be conducted in person. If a party wishes to request that a law and motion hearing
be conducted via Zoom webinar, the request must be made at least three business days before the
scheduled hearing. Such requests will be granted only upon a showing of good cause. Discovery
disputes are governed by the procedure described below.
Motions for Summary Judgment. Each party is limited to filing one summary judgment
motion. Any party wishing to exceed this limit must request leave of the Court and must show
good cause.
Proposed Orders. Proposed orders submitted by an e-filing party shall be submitted in
Microsoft Word to askpo@cand.uscourts.gov. Proposed orders are not required for motions filed
pursuant to Civil L.R. 7-2, except for motions seeking injunctive relief.
Chambers Copies. Parties do not need to file chambers copies of motion papers.
Filing Exhibits on ECF. When exhibits are included with a motion, opposition brief, or
reply brief, the exhibits should be filed separately on ECF. For example, if a motion is Docket
No. 30, and a declaration with 10 exhibits is Docket No. 31, Exhibit A should be filed as Docket
No. 31-1, Exhibit B should be filed as Docket No. 31-2, and so on. All exhibits should be filed in
a searchable OCR format when possible.
Amended Pleadings If a party files an amended pleading, it must file as an attachment a redline comparing the amended pleading against the last pleading.
Discovery Absent leave of Court, parties should not file formal noticed motions under Civil L.R. 7-2 regarding discovery-related disputes. Instead, for all discovery disputes, the parties must meet and confer to attempt to resolve their dispute. The meet and confer must be in person or by videoconference or telephone. A mere exchange of letters, emails, or messages does not satisfy the requirement to meet and confer. If the parties are unable to reach a resolution, they must file a joint statement of at most 5 single-spaced pages (12-point font or greater) with 2.5 pages allotted per side that: (1) describes each unresolved issue; and (2) states each party’s final proposed compromise with respect to each unresolved issue. Each party may submit supporting declarations and documentation of up to fifteen pages.
In the rare event that the parties are unable to file a joint statement, each party may file a
statement of at most two pages. The statement(s) must be filed in ECF under the Civil Events
category of Motions and Related Filings > Motions: General > Discovery Letter Brief. Upon
review of the statement(s), the Court will advise the parties regarding the need for more briefing,
a hearing, or a video or telephonic conference.
Protective Orders. If parties believe a protective order is necessary, they shall when
practicable use one of the model protective orders, available at https://cand.uscourts.gov/rules-
forms-fees/northern-district-guidelines/model-protective-orders. When parties ask the Court to
approve a stipulated protective order, they must file with the proposed order either (i) a statement
in which they confirm that the proposed protective order doesn’t differ in any respect from the
model order, or (ii) a redline comparing the proposed protective order with the model order,
along with an explanation of any changes. The Court endeavors to use the model orders and
discourages making edits to them for purely stylistic reasons, even if all parties agree.
Written Discovery. The party propounding discovery shall provide courtesy copies of all
requests for written discovery (i.e., interrogatories, document requests, requests for admission) to
the responding party in an electronic format (e.g., Microsoft Word or other word processing
application) that easily permits the responding party to copy the requests for purposes of
responding to them. Parties responding to discovery are reminded of their obligation to state
clearly what they agree to produce and what they refuse to produce.1
Privilege Logs. Claims of privilege or work product protection must be sufficiently
detailed and informative to justify the privilege or protection claimed; generalized claims of
privilege or work product protection are not permitted. See Fed. R. Civ. P. 26(b)(5). Privilege
logs shall be promptly provided, and updated periodically, as documents are reviewed for
production. The parties should agree on interim and final dates for the exchange of privilege logs
that permit any disputes about claims of privilege or work product protection to be addressed in
advance of the discovery cut-off.
Motions for Sanctions. Any party seeking an award of attorney fees or other form of
sanction under Fed. R. Civ. P. 37 may not use the expedited joint discovery dispute letter
procedure described above but instead must file a motion conforming to the requirements of
Civil L.R. 37-4.
Civil Case Management
No later than seven days before the initial case management conference, the parties shall
file a Joint Case Management Statement in full compliance with Civil Local Rule 16-9 and the
Northern District of California’s standing order entitled “Contents of Joint Case Management
1 For example, discovery responses offering to produce documents “subject to and without waiving the foregoing objections” are improper if they do not make clear what exactly will and will not be produced.
Statement.” For further case management conferences, the parties shall file an updated joint
statement seven days before the scheduled conference.
Unless the Court orders otherwise, case management conferences will be conducted by
Zoom Webinar. Instructions for participating in the Zoom Webinar will be provided by Clerk’s
Notice and posted on the docket for each conference. Guidance on how to use Zoom
functionality is posted on the Court’s website, https://www.cand.uscourts.gov/zoom/. If any party
believes that a particular conference should be conducted in person, the party must request an in-
person conference in the joint case management statement or in a separate submission no later
than seven days before the case management conference and must explain why it believes the
conference should be conducted in person.
Parties Unrepresented by an Attorney
Litigants who are not represented by an attorney (“pro se litigants”) are encouraged to
contact the Legal Help Center for assistance. The Center is located on the fourth floor of the
Federal Courthouse in Oakland, Room 470S, to the left of the Clerk’s Office. Support is provided
by appointment and on a drop-in basis on Mondays and Wednesdays from 9:00 a.m. to 5:00 p.m.
Appointments may be made by calling the Center at (415) 782-8982. More information is
available on the Court’s website at https://cand.uscourts.gov/representing-yourself/jdc-legal-
help-center-san-francisco-oakland-courthouses. Pro se litigants are also encouraged to consult
the Court’s “Pro Se Handbook,” available at https://cand.uscourts.gov/representing-yourself/pro-
se-handbook and from the Clerk’s Office.
Pro se litigants may file documents manually, unless they have applied for and been
given permission to become an ECF user pursuant to Civil L.R. 5-1(b). To manually file
documents, litigants should bring an original and three copies to the Clerk’s Office on the fourth
floor of the Federal Courthouse in Oakland.
Other Matters
Skills Development. When a party intends to have a junior attorney argue, it shall notify
the Court by emailing Courtroom Deputy Means at askcrd@cand.uscourts.gov at least one week
before the hearing date. An attorney is considered “junior” for these purposes if they have fewer
than seven years of experience and have argued fewer than five motions in federal court. The
Court will consider the participation of junior attorneys when determining whether to hear
argument.
Statement of Appearances. Litigants and lawyers shall arrive at least ten minutes before
their in-person or virtual hearing or conference to state their appearances to Judge Krishnan’s
Courtroom Deputy, Kim Means.
Mode of Address. Litigants and lawyers may indicate their preferred pronouns (e.g., she/her, he/him, they/their) and honorifics (e.g., Mr., Ms., Mx., Dr.) either: (a) confidentially by sending an email to askpo@cand.uscourts.gov or mailing a confidential letter to Judge Krishnan’s chambers; or (b) non-confidentially by filing a request on the case docket, saying so at a hearing or conference with the Court (including at the time of stating one’s appearance with Judge Krishnan’s Courtroom Deputy), or adding such information in the name block or signature block of the pleadings.
IT IS SO ORDERED. Dated: April 28, 2026
AJAY KRISHNAN United States Magistrate Judge
Judge Krishnan's Pretrial Standing Order
[Source: https://cand.uscourts.gov/sites/default/files/standing-orders/ASK-Pretrial-Order-4.7.2026.pdf]
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA OAKLAND DIVISION
PRETRIAL AND TRIAL STANDING ORDER
FOR MAGISTRATE JUDGE AJAY S. KRISHNAN
Updated April 7, 2026
I.
Trial
Jury trial will be held in the Oakland Federal Courthouse, 1301 Clay Street, Oakland,
California. Trial will be conducted from 8:30 a.m. to 1:00 p.m., depending on the availability of
witnesses, Monday through Friday. Counsel must arrive by 8:00 a.m., or earlier as needed, for
any matters to be heard outside the presence of the jury. The jury will be called at 8:30 a.m.
The Court will advise the parties of the courtroom to be used for trial at the Final Pretrial
Conference.
II.
Pretrial Conference
The Court typically holds in-person Civil Pretrial Conferences on the second and fourth
Thursdays at 1:30 p.m. The parties shall consult Judge Krishnan’s calendar on the morning of the
scheduled Conference to determine the courtroom. Lead trial counsel for each party shall attend.
At least seven days prior to the date of the Final Pretrial Conference the parties shall do
the following:
- In lieu of preparing a Joint Pretrial Conference Statement, the parties shall meet
and confer, and then prepare and file a jointly signed Proposed Final Pretrial
Order that contains:
a. a brief description of the substance of claims and defenses which remain to be decided;
b. a statement of all relief sought;
c. all stipulated facts;
d. a joint exhibit list in numerical order, including a brief description of the exhibit and Bates numbers, the anticipated sponsoring witness or witnesses, a blank column for when it will be offered into evidence, a blank column for
when it may be received into evidence, and a blank column for any
limitations on its use; and
e. each party’s separate witness list for its case-in-chief witnesses (including
those appearing by deposition), including, for all such witnesses, a short
statement of the substance of his/her testimony and, separately, what, if any,
non-cumulative testimony the witness will offer. For each witness, all
parties should state an hour/minute time estimate for examination (e.g.,
defense counsel should also provide time estimates for plaintiff’s case-in-
chief witnesses). Items (d) and (e) should be submitted as appendices to the
proposed order. The proposed order should also state which issues, if any,
are for the Court to decide, rather than the jury. The Court will identify the
amount of time each side will have for jury presentation at the Final Pretrial
Conference.
2. File a joint set of proposed 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. If
disputed, each version of the instruction shall be inserted together, back-to-back,
in their logical place in the overall sequence. Each such disputed instruction shall
be identified as, for example, “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. For
each disputed instruction, the parties shall highlight the differences of the versions
presented and provide brief argument—not to exceed one (1) page—in support of
their preferred version. Any modifications to a form instruction are discouraged
and must be plainly identified (preferably, if the modifications are limited, by
redline in the text of the proposed instruction itself, accompanied by a note in the
argument section so explaining). 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 (and explain why) on a separate page inserted in lieu of an
alternate version. With respect to form preliminary instructions, general
instructions, or concluding instructions, please simply cite to the numbers of the
requested instructions in the current edition of the Ninth Circuit Model Jury
Instructions. Other than citing the numbers, the parties shall not include
preliminary, general, or concluding instructions in the packet.
3. File trial briefs not to exceed ten (10) pages that shall address controlling issues of
law and any other issues that may arise during trial.
4. File proposed verdict forms, joint or separate.
5. File and serve any objections to exhibits.
- File a joint simplified Statement of the Case to be read to the jury during voir dire as part of the proposed jury instructions. Unless the case is extremely complex, this statement should not exceed one (1) page. III. Motions In Limine Any motions in limine shall be submitted as follows: Opening papers shall be filed at least 20 calendar days before the conference; opposition papers will be filed at least seven calendar days before the conference. There will be no reply. No such brief may exceed ten pages. All of a party’s in limine motions must be included in its opening brief, and each motion should address a single, separate topic. Each individual motion and opposition should be properly identified, for example, “Plaintiff’s Motion In Limine No. 1 to Exclude . . . .” The parties are encouraged to stipulate where possible, for example, as to the exclusion of witnesses from the courtroom. The Court may modify the limits on the number of motions and pages on a case-by- case basis. Hard-copy courtesy copies of the above documents shall be delivered by NOON the day after filing. The Joint Proposed Final Pretrial Order, jury instructions, and verdict form shall also be submitted via e-mail as Word attachments to askpo@cand.uscourts.gov. The Court requests that all hard-copy submissions be three-hole-punched. IV. Pretrial Arrangements 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 or transcripts@cand.uscourts.gov, at least ten calendar days prior to the trial date. 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. For electronic equipment, parties should be prepared to maintain the equipment or have a technician handy at all times. The parties shall tape extension cords to the carpet for safety. The parties may work with the deputy clerk, Kim Means (510-637-1296), on all courtroom-layout issues. V. The Jury The Jury Office asks prospective jurors to complete an online jury questionnaire in advance of their summons date. The standard questionnaire is available on the Northern District’s website at https://cand.uscourts.gov/wp- content/uploads/Jury_StandardCivilTrial_SurveyMonkey2025.pdf. The parties are allowed to add ten case specific questions to the questionnaire. The parties shall meet and confer and, to the extent possible, file a joint list of proposed questions to add to the questionnaire. To the extent
that the parties cannot agree, they may submit separate proposed questions from which the Court will choose ten. The parties joint or separate submissions are due 21 days before trial. The Court will provide the parties with the survey responses the Friday before trial. VI. Witnesses & Objections To ensure the orderly conduct of trial and resolution of minor evidentiary disputes that arise during trial and that may consume significant jury time, require argument outside the presence of the jury, or benefit from briefing or preview, the parties shall adhere to the following schedule. (Major evidentiary disputes, however, should be addressed via motion in limine.)
- Two days before a witness testifies:
a. At 5:00 p.m. of each trial day and the two calendar days preceding trial, all
counsel potentially calling witnesses shall exchange, in writing, a list of (a)
witnesses (other than for impeachment) for the next two full court days, (b)
the exhibits that will be used during direct examination (other than for
impeachment of an adverse witness).
b. By 8:00 p.m. that evening, all other counsel shall provide, in writing, objections to the identified witnesses or direct examination exhibits that the party intends to raise in court.
c. Later that evening, the parties shall meet and confer in an effort to resolve all disputes. If disputes remain, the parties shall, during the meet-and-confer, identify objections/issues to be briefed with the Court, and agree on the ordering and numbering of the objections/issues so that the briefs correspond. - One day before a witness testifies: a. By no later than 6:00 p.m. on the day before a witness testifies, each party may submit up to five (5) pages of briefing on all issues left unresolved after the preceding evening’s meet and confer.
- The day a witness testifies: a. The Court will address the parties’ five-page submissions starting at 8:15 a.m. on the day a witness is expected to testify. While counsel are not expected to anticipate every issue, abuse of these rules—including by disclosing a significant number of exhibits that are not offered with the designated witness, by raising a significant number of objections that are later withdrawn, or by raising for the first time in front of the jury an objection that requires significant argument when the objection could have reasonably been raised by the above procedure—may result in restrictions on a party’s use of the above procedure or in a docking of a party’s time for jury presentation. Other than the above
briefs, no other motions may be filed during trial without advance permission from the Court; any such permission shall be sought outside the presence of the jury (e.g., at the beginning or at the end of a court day).
At the beginning of every direct examination and cross-examination, the questioning
attorney will provide the witness a binder of all exhibits to be used during the examination, with
tabs that indicate the exhibit number. Two copies of the binder will be provided to the Court and
one to opposing counsel. Cross-examination binders need not include documents used solely for
impeachment; and cross-examining attorneys may question a witness on exhibits from the direct
examination binder.
VII.
Exhibits
The parties may jointly prepare and present a Joint Exhibit List containing no more than
75 exhibits that have been agreed upon by both parties as being pre-admitted exhibits at trial.
Each individual party may also serve and present its own Party Exhibit List of no more than 75
additional exhibits. Absent prior Court approval—which must typically be sought via a motion in
limine or via the joint Proposed Final Pretrial Order—exhibits may only be introduced through a
sponsoring witness with personal knowledge.
Prior to the Final Pretrial Conference, counsel must meet and confer in person to consider
all exhibit numbers and objections and to eliminate duplicate exhibits and confusion over the
precise exhibit. The parties shall 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., Joint Exhibits are 1 to 75, Plaintiff has 76 to 150, Defendant A has 151 to 225,
Defendant B has 226 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 the exact document with another
number. Different versions of the same document, e.g., a copy with additional handwriting, must
be treated as different exhibits with different numbers. 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.” Exhibits tags: Exhibits must be labeled in the
lower right-hand corner with the exhibit number in a prominent, bold typeface.
The parties shall provide the Court with one official set of the record exhibits seven days
before the Pretrial Conference. Each exhibit must be separated with a label divider identifying
the exhibit number. Spine labels should indicate the numbers of the exhibits that are in the
binders. At trial, the parties shall provide individual witness exhibit binders which contain all the
exhibits the parties expect to use with the witness. The parties shall provide two copies of each
witness binder: one for the witness and one for the Court.
Exhibit notebooks for the jury will not be permitted without prior permission from the
Court. Publication must be by poster blow-up, overhead projection, or such other method as is
allowed in the circumstances. It is permissible to highlight, circle or underscore in the
enlargements as long as it is clear that such markings were not on the original. Counsel must consult with each other and with the deputy clerk at the end of each trial day and compare notes as to which exhibits are in evidence and any limitations thereon. If there are any differences, counsel should bring them promptly to the Court’s attention. Before closing arguments, counsel must confer with the deputy clerk to make sure the exhibits in evidence are in good order. VIII. Charging Conference As the trial progresses and the evidence is heard, the Court will fashion a comprehensive set of jury instructions to cover all issues actually being tried. Prior to the close of the evidence, the Court will provide a draft final charge to the parties. After a reasonable period for review, one or more charging conferences will be held at which each party may object to any passage, ask for modifications, or ask for additions. Any instruction request must be renewed specifically at the conference or it will be deemed waived, whether or not it was requested prior to trial. If, however, a party still wishes to request an omitted instruction after reviewing the Court’s draft, then it must affirmatively re-request it at the charging conference in order to give the Court a fair opportunity to correct any error. Otherwise, as stated, the request will be deemed abandoned or waived. IT IS SO ORDERED. Dated: April 7, 2026
AJAY KRISHNAN United States Magistrate Judge
Judge Krishnan's Settlement Standing Order
[Source: https://cand.uscourts.gov/sites/default/files/standing-orders/ASK-SettlementStandingOrder-2-19-2026.pdf]
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA OAKLAND DIVISION
SETTLEMENT CONFERENCE STANDING ORDER
FOR MAGISTRATE JUDGE AJAY S. KRISHNAN
Updated February 19, 2026
This Standing Order governs cases referred to Magistrate Judge Ajay S. Krishnan for settlement.
1.
Prior to the Settlement Conference, the Court will hold at least one telephonic
Scheduling Call with counsel. This meeting may be used to schedule the Settlement Conference,
discuss logistics, field questions, and address any other issues raised to facilitate an effective
Settlement Conference. Both Settlement Conferences and telephonic Scheduling Calls will be set
by Clerk’s Notice. For questions, contact Judge Krishnan’s Courtroom Deputy (CRD), Kim
Means, at askcrd@cand.uscourts.gov.
2.
Parties should reach out to Ms. Means at the above email address as soon as
practicable after the settlement referral to request a Scheduling Call.
3.
Before the Scheduling Call, lead counsel must discuss with their clients and each
other: (a) the optimal time for a Settlement Conference; (b) their mutually available dates; (c) the
availability of insurance; (d) individuals with settlement authority and their attendance; (e)
information to be exchanged before the Settlement Conference; (f) the time needed to evaluate
demands and responses; and (g) any other relevant issues.
4.
Settlement Conferences will typically be held in-person, at the Oakland Federal
Courthouse, 1301 Clay Street, Oakland, CA 94612.
Counsel shall ensure that whatever discovery is needed for all sides to evaluate
the case for settlement purposes is completed by the date of the Settlement Conference. Counsel
shall cooperate in providing discovery informally and expeditiously.
6.
Lead trial counsel shall appear at the Settlement Conference with the parties. Any
party who is not a natural person shall be represented by the person(s) with unlimited authority
to negotiate a settlement. An insured party shall appear with a representative of the carrier with
full authority to negotiate up to the limits of coverage. If a person needs to consult with an absent
party before agreeing to a settlement, that person lacks the authority to negotiate a settlement.
7.
Personal attendance of a party representative will rarely be excused by the Court.
To seek to excuse a party from personally attending a Settlement Conference, counsel for that
party shall make the request on the Scheduling Call.
8.
Each party shall prepare a Settlement Conference Statement, which must be
LODGED with Judge Krishnan’s chambers (NOT electronically filed) no later than fourteen (14)
calendar days prior to the Settlement Conference. The Settlement Conference Statement shall be
submitted on pleading paper and may not exceed 20 pages (excluding supporting exhibits).
Please three-hole punch the document at the left side. If a party wishes to exceed the page limit,
leave must be requested during the Scheduling Call setting the Settlement Conference date.
9.
Each party shall also submit their Settlement Conference Statement in .pdf format
and email their statement to asksettlement@cand.uscourts.gov.
10.
The Settlement Conference Statement shall be served on opposing counsel. Any
party may submit an Additional Confidential Statement to the Court of up to 10 pages (excluding
supporting exhibits), no later than eight (8) days prior to the Settlement Conference date. The
Additional Confidential Statement may respond to the other party’s Settlement Conference
Statement or may convey information that the party wishes to convey only to the settlement
judge. The contents of this confidential statement will not be disclosed to the other parties. If a
defendant plans to assert that it lacks resources and is unable to offer monetary compensation or
that it otherwise does not intend to offer monetary compensation as part of a settlement, it must
notify the Court of this in a confidential statement no later than seven (7) days prior to the
Conference.
11.
The Settlement Conference Statement shall include at least the following:
a. A brief statement of the facts of the case.
b. A brief statement of the claims and defenses including, but not limited to,
statutory or other grounds upon which the claims are founded, and a candid
evaluation of the parties’ likelihood of prevailing on the claims and defenses;
and a description of the major issues in dispute.
c. A summary of the proceedings to date and any pending motions.
d. The relief sought.
e. Any discrete issue that, if resolved, would facilitate the resolution of the case.
f. The party’s position on settlement, including present demands and offers and
a history of past settlement discussions.
g. A list of who will attend the Settlement Conference on behalf of each side,
including counsel and insurance representatives.
12.
Each party attending a Settlement Conference shall arrive at the Settlement
Conference with an electronic version of a draft settlement term sheet that the party is prepared
to share with the Court upon request. The draft term sheet may contain blanks, as appropriate.
The purpose of the draft term sheet is (a) to ensure that the parties have considered all terms,
including non-monetary terms, that they will insist on, (b) to ensure that the parties have
considered a form of term sheet that will be acceptable to them, and (c) to avoid wasting
Settlement Conference time on drafting term sheets.
13.
If this case settles prior to the date set for the Settlement Conference, the parties
shall notify Chambers immediately by contacting Judge Krishnan’s Courtroom Deputy (CRD),
Kim Means, at askcrd@cand.uscourts.gov.
IT IS SO ORDERED. Dated: February 19, 2026
AJAY KRISHNAN United States Magistrate Judge
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