Judge William H. Orrick — United States District Court, Northern District of California

Standing Orders — Inline Excerpts

No courtesy copies shall be provided, except: (1) courtesy copies of electronic media manually filed shall be provided to chambers; and (2) if the exhibits submitted in support of motions for temporary restraining orders, preliminary injunctions, or summary judgment exceed 100 pages, courtesy copies shall be provided in binders with tabs separating each exhibit.

Delivery Address

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

Judge Orrick's Case Management Conference Order

[Source: https://cand.uscourts.gov/sites/default/files/standing-orders/Case-Management-Conference-Order-May-25-2023.pdf]

United States District Court Northern District of California

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

Plaintiff, v.

Defendants. Case No.

CASE MANAGEMENT CONFERENCE ORDER

IT IS HEREBY ORDERED that, pursuant to Fed.R.Civ.P. 16(b) and Civil L. R. 16-10, a Case Management Conference will be held in this case before the Honorable William H. Orrick on <<DATE>> at <<TIME>> via Zoom Webinar. This conference shall be attended by lead trial counsel for parties who are represented. Parties who are proceeding without counsel must appear personally. 1.
Case Management Conference Requirements a.
Plaintiffs shall serve copies of this Order at once on all parties to this action, and on any parties subsequently joined, in accordance with the provisions of Fed.R.Civ.P. 4 and 5. Following service, plaintiffs shall file a certificate of service with the Clerk of this Court. b.
Counsel are directed to confer in advance of the Case Management Conference. Not less than seven days before the conference, counsel shall file a joint case management statement in compliance with the Civil Local Rules and the Standing Order for All Judges of the Northern District of California. Failure to file a joint

United States District Court Northern District of California statement shall be accompanied by a signed declaration setting forth the grounds for such failure. Failure to show good cause for such failure may subject the parties to sanctions. c.
Each party shall be represented at the Case Management Conference by counsel with authority to commit to determinations on all matters referred to in the aforementioned Standing Order, Civil Local Rules, and Joint Case Management Statement. d.
Any request to reschedule the above date should be made in writing, and by stipulation, if possible, not less than ten days before the conference date. Good cause must be shown. e. At the initial Case Management Conference, the parties should be prepared to set the dates for trial, pretrial conference, last day for hearing dispositive motions, cutoffs for expert and fact discovery, and the designation of experts. The parties should also be ready to discuss ADR.
2.
Notice to Unrepresented (Pro Se) Parties in Non-Prisoner Cases a. Parties representing themselves should visit the link titled “If You Don’t Have a Lawyer” on the Court’s homepage, www.cand.uscourts.gov. The link discusses the Court’s “Legal Help Center” for unrepresented parties. In San Francisco, the Legal Help Center is located on the 15th Floor, Room 2796, of the courthouse at 450 Golden Gate Avenue. In Oakland, the Legal Help Center is located on the 4th Floor, Room 470S, of the courthouse at 1301 Clay Street. To make an appointment for San Francisco or Oakland, call 415-782-8982. b.
If you are representing yourself and you have not been granted leave to proceed in forma pauperis (IFP) by the Court, you must comply with the service requirements of

United States District Court Northern District of California Rule 4 of the Federal Rules of Civil Procedure, as set forth below. Failure to follow the procedures may result, under Rule 4(m), in dismissal of your case:
(i)
It is your responsibility to obtain a valid summons from the clerk and to effect service of the summons and complaint on all defendants in accordance with Rule 4 of the Federal Rules of Civil Procedure. If you have named the United States government, a federal agency, a federal official or a federal employee as a defendant, you must comply with the special requirements of Rule 4(i).
(ii)
Service may be affected by any person who is not a party and who is at least 18 years of age, which means that you, as a party, may not affect service. If service of the summons and complaint is not made upon a defendant within 90 days after the filing of the complaint, your action will, under Rule 4(m), be dismissed as to that defendant.
(iii)
Within 95 days after the filing of the complaint, you must file proof of service indicating which defendants were served within the 90 days allowed under Rule 4(m) and showing, in accordance with Rule 4(i), how each of those defendants was served (for example, by attaching appropriate certificates of service). You must also show cause why a defendant not served within the 90 days allowed under Rule 4(m) should not be dismissed without prejudice.
(iv)
Failure to do these things within the designated time will result in the dismissal of your case under Rule 4(m) and Rule 41(b).
Dated: May 25, 2023

WILLIAM H. ORRICK United States District Judge

Judge Orrick's Civil Pretrial Order

[Source: https://cand.uscourts.gov/sites/default/files/standing-orders/Civil-PreTrial-Aug-23-2023.pdf]

United States District Court Northern District of California

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

Plaintiff, v.

Defendants. Case No.

CIVIL PRETRIAL ORDER

A jury trial has been set in this matter for <<DATE>>, beginning at <<TIME>> with an attorney conference and jury selection to follow thereafter. A Pretrial Conference has been set for <<DATE>> at <<TIME>>

The following scheduling deadlines and hearing dates have been set: 1. Pretrial Conference and Statement Not less than 28 days prior to the Pretrial Conference, counsel shall exchange (but not file or lodge) the papers described in Civil L.R. 16-10(b)(7), (8), (9) and (10), and any motions in limine. At least 21 days before the Pretrial Conference, lead trial counsel shall meet and confer with respect to: • Preparation and content of the joint pretrial conference statement;

• Resolution of any differences between the parties regarding the preparation and content of the joint pretrial conference statement and the preparation and exchange of pretrial materials to be served and filed pursuant to this Order. To the extent

United States District Court Northern District of California such differences are not resolved, the parties will present the issues in the pretrial conference statement so that the judge may rule on the matter during the Pretrial Conference; and • Settlement. At least 14 days prior to the Pretrial Conference, the parties shall file a joint pretrial conference statement containing the following information:

a. The Action

(i) Substance of the Action. A brief description of the substance of claims and defenses that remain to be decided.

(ii) Relief Prayed. A detailed statement of all the relief claimed, particularly itemizing all elements of damages claimed as well as witnesses, documents, or other evidentiary material to be presented concerning the amount of those damages.

b.
The Factual Basis of the Action

(i) Undisputed Facts. A plain and concise statement of all relevant facts not reasonably disputable, as well as which facts parties will stipulate for incorporation into the trial record without the necessity of supporting testimony or exhibits.

(ii) Disputed Factual Issues. A plain and concise statement of all disputed factual issues that remain to be decided.

(iii) Agreed Statement. A statement assessing whether all or part of the action may be presented upon an agreed statement of facts.

(iv) Stipulations. A statement of stipulations requested or proposed for pretrial or trial purposes.

c.
Disputed Legal Issues

(i) Points of Law. Without extended legal argument, a concise statement of each disputed point of law concerning liability or relief, citing supporting statutes and decisions setting forth briefly the nature of each party's contentions concerning each disputed point of law, including procedural and evidentiary issues.

(ii) Proposed Conclusions of Law. If the case is to be tried without a jury, unless otherwise ordered, parties should briefly indicate objections to proposed conclusions of law.

United States District Court Northern District of California

d.
Trial Preparation

(i) Witnesses 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.

(ii) Exhibits, Schedules and Summaries. A list of all documents and other items to be offered as exhibits at the trial, other than solely for impeachment or rebuttal, with a brief statement following each describing its substance or purpose and the identity of the sponsoring witness. Unless otherwise ordered, parties will indicate their objections to the receipt in evidence of exhibits and materials lodged and that counsel have conferred respecting such objections.

(iii) 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.

(iv) Use of Discovery Responses. Counsel shall cite possible presentation at trial of evidence, other than solely for impeachment or rebuttal, through use of excerpts from depositions, interrogatory answers, or responses to requests for admission. Counsel shall indicate any objections to use of these materials and that counsel has conferred respecting such objections.

(v) Further Discovery or Motions. A statement of all remaining discovery or motions, including motions in limine.

e.
Trial Alternatives and Options

(i) Settlement Discussion. A statement summarizing the status of settlement negotiations and indicating whether further negotiations are likely to be productive.

(ii) Consent to Trial Before a Magistrate Judge. A statement whether reference of all or part of the action to a master or magistrate judge is feasible, including whether the parties consent to a court or jury trial before a magistrate judge, with appeal directly to the Ninth Circuit.

(iii) Amendments, Dismissals. A statement of requested or proposed amendments to pleadings or dismissals of parties' claims or defenses.

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

United States District Court Northern District of California 2. Witnesses

a. Jury Trials. The Pretrial Conference Statement shall include the witness list required in part by 1(d)(i) above. In addition, in the case of expert witnesses, the summary shall clearly state the expert’s theories and conclusions and the basis therefore and shall be accompanied by a curriculum vitae; if the expert has prepared a report in preparation for the testimony, a copy thereof shall be furnished to opposing counsel. Witnesses not included on the list may be excluded from testifying.

b. Non-Jury Trials. In non-jury cases, any party may serve and lodge with the Court a written narrative statement of the proposed direct testimony of each witness under that party’s control in lieu of a summary. Each statement shall be marked as an exhibit and shall be in a form suitable to be received into evidence. 3. Jury Instructions

a. Joint Set of Instructions. The parties shall jointly prepare a set of jury instructions, and shall file the proposed instructions at least fourteen days prior to the Pretrial Conference. The submission shall contain both agreed upon instructions (which shall be so noted), and contested instructions, all in the order in which they should be read to the jury. Where contested instructions are included, they should be annotated both with the proponent’s authority for seeking the instruction and the opponent’s reason for opposition. Counsel shall deliver to Chambers a copy of the joint submission on a CD/DVD in Word format. The label shall include the case number and a description of the documents.

b. Substance and Format of Instructions. The instructions shall cover all substantive issues and other points not covered by the Ninth Circuit Manual of Model Jury Instructions. Each requested instruction shall be typed in full on a separate page and citations to the authorities upon which the instruction is based shall be included. Instructions shall be brief, clear, written in plain English, and free of argument. Pattern or form instructions shall be revised to address the particular facts and issues of this case.

c. Preliminary Statement and Instructions. If the parties wish to have a preliminary statement read to the jury, and/or preliminary instructions given to the jury, they shall jointly

United States District Court Northern District of California prepare and file the text of the proposed preliminary statement and/or preliminary instructions at least fourteen days prior to the Pretrial Conference.

d. Voir Dire and Verdict Forms. Each party shall file proposed questions for jury voir dire and the Juror Questionnaire (see section 7 below) and a proposed Form of Verdict at least fourteen days prior to the Pretrial Conference. 4. Findings of Fact and Conclusions of Law

In non-jury cases, each party shall file at least fourteen days prior to the Pretrial Conference proposed Findings of Fact and Conclusions of Law on all material issues. The Court requests that the parties hyperlink each proposed Finding of Fact to any supporting evidence.
Proposed Findings shall be brief, written in plain English, and free of pejorative language, conclusions and argument. Parties shall deliver to Chambers copies of Proposed Findings of Fact and Conclusions of Law on a CD/DVD in Word format, with a label including the name of the case, the case number and a description of the submission. 5. Exhibits

a. Provide Copies of Exhibits to Other Parties. Each party shall provide every other party 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. Voluminous exhibits shall be reduced by elimination of irrelevant portions or through the use of summaries. Each item 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. If there are numerous exhibits, they should be provided in three-ring binders with marked tab separators. All exhibits that have not been provided as required are subject to exclusion.

b. Stipulations re Admissibility. At least fourteen 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 authenticity and foundation absent a legitimate (not tactical) objection.

c. Objections to Exhibits. In addition to the exhibit list, counsel shall confer with

United States District Court Northern District of California respect to any other objections to exhibits in advance of the Pretrial Conference. Each party shall file a statement briefly identifying each item objected to, the grounds for the objection, and the position of the offering party at least fourteen days prior to the date set for the Pretrial Conference.

d. Provide Copies of Exhibits to Court. One set of exhibits shall be provided to the Court in Chambers on the Friday prior to the trial date, in binders, marked, tabbed, and indexed in accordance with Local Rule 16-10(b)(7). Exhibits shall be identified as follows:

Blocks of numbers shall be assigned to fit the needs of the case (e.g., Plaintiff has 1-100, Defendant has 101-200). The parties shall not mark duplicate exhibits (e.g., plaintiff and defendant shall not mark the same exhibit; only one copy of the exhibit shall be marked).

e. Witness Binders. If all of the exhibits in a case do not fit in one binder, then the parties shall prepare a witness binder for each witness that will testify regarding three or more exhibits.

f. Disposition of Exhibits after Trial. Upon the conclusion of the trial, each party shall retain its exhibits through the appellate process, as well as any exhibits that were offered but not admitted by the Court. It is each party’s responsibility to make arrangements with the Clerk of Court to file the record on appeal.

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA TRIAL EXHIBIT 100

CASE NO. _____________________

DATE ENTERED_________________

BY __________________________ DEPUTY CLERK

United States District Court Northern District of California 6. Motions In Limine

Any party wishing to have motions in limine heard prior to the commencement of trial must file them at least fourteen days prior to the date set for the Pretrial Conference. All motions in limine shall be contained in one document, limited to 25 pages pursuant to Civil L.R. 7-2(b), with each motion listed as a subheading. Opposition to the motions in limine shall be contained in one document, limited to 25 pages, with corresponding subheadings, and shall be filed at least seven days prior to the Pretrial Conference. No reply papers will be considered. The motions will be heard at the Pretrial Conference or at such other time as the Court may direct. Nothing in this provision prevents a party from noticing its motions in limine regularly for hearing on or prior to the final date for hearing dispositive motions. No leave to file under seal will be granted with respect to motions in limine. 7. Voir Dire The Court will utilize a Juror Questionnaire, which may include case specific questions, to be filled out by prospective jurors in advance of jury selection. Judge Orrick will hold a hearing one to three days prior to jury selection to consider whether any jurors should be excused for hardship or cause based on the written responses. Judge Orrick will only excuse jurors at that hearing if both parties agree. The parties shall review and follow Judge Orrick’s Standing Order Regarding Juror Questionnaires and Social Media Research, which is incorporated by reference into this Order. 8.
Other Pretrial Matters

a. Status Conferences. Any party desiring to confer with the Court may, upon notice to all other parties, arrange a conference through the Courtroom Deputy, Jean Davis, at 415-522- 2077 or whocrd@cand.uscourts.gov.

b. Settlement Conferences. Parties wishing to arrange a settlement conference before another judge or magistrate judge may do so by contacting the Courtroom Deputy.

c. Daily Transcripts. Should a daily transcript and/or realtime reporting be desired, the parties shall make arrangements with Kristen Melen, Court Reporter Supervisor, at 415-522- 2079 or Kristen_Melen@cand.uscourts.gov, at least seven calendar days prior to the trial date.

United States District Court Northern District of California

Trial Matters

a. The normal trial schedule will be from 8:30 a.m. to 1:30 p.m. (or slightly longer to finish a witness) with two fifteen minute breaks. Trial is usually held from Monday through Friday.

b. Ordinarily, the Court will set fixed time limits for each side at the Final Pretrial Conference.

c. Expert witnesses are limited to the scope of their expert reports on direct examination. F.R.C.P. 26(a)(2) and 37(c).

d. 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 Wednesday before the trial. Any objections not resolved must be filed in writing by Thursday before trial. The parties shall be available by telephone Friday before trial to discuss the issue raised with the Court.

e. The parties shall disclose the witnesses whom they will call at trial on any given day by at least 2:00 p.m. the court day before their testimony is expected. Failure to have a witness ready to proceed at trial will usually constitute resting.

f. The Court takes a photograph of each witness prior to the witness’s testimony.

g. Other than a party or party representative, fact witnesses are excluded from the courtroom until they are called to testify, and may not attend in the gallery until their testimony is complete.

h. The Court does not typically allow bench conferences. If there are matters that need to be raised with the Court outside the presence of the jury, the parties should raise them in the morning before trial or during recess. With advance notice, the Court is usually available at 7:30 a.m. to address such matters. 10. Miscellaneous

a.
Please DO NOT call Chambers. If you need to contact the Courtroom Deputy, please call (415) 522-2077 and leave a message if the deputy is not available, or email

United States District Court Northern District of California whocrd@cand.uscourts.gov.

b. Copies. Each document filed or lodged with the Court must be accompanied by a three-hole punched copy for use in the Judge’s chambers. In addition, one copy of the witness and exhibit lists should be furnished to the court reporter.

IT IS SO ORDERED. Dated: August 23, 2023

William H. Orrick United States District Judge

Judge Orrick's Criminal Pretrial Order

[Source: https://cand.uscourts.gov/sites/default/files/standing-orders/Criminal-PreTrial-Aug-23-2023.pdf]

United States District Court Northern District of California

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

UNITED STATES OF AMERICA, Plaintiff, v.

Defendant. Case No.

CRIMINAL PRETRIAL ORDER

Trial Date

Trial is set for <<DATE>>, beginning at <<TIME>>, in Courtroom 2, 17th Floor, 450 Golden Gate Avenue, San Francisco, California. 2. Pretrial Conference

A Pretrial Conference has been set for <<DATE>> at <<TIME>>. The parties shall follow the requirements of Crim. L.R. 17.1-1, as supplemented below: The government and, to the extent consistent with defendant’s right to an effective defense, the defendant shall do the following at least seven days prior to the Pretrial Conference:

(i)
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 issues;

(ii)
Serve and file a witness list that includes a brief summary of the testimony of each witness; and

(iii)
Serve and file exhibit lists and serve copies of all marked exhibits on all parties, as discussed in section 5, below.

United States District Court Northern District of California (iv)
Submit an agreed-upon set of additional requested voir dire questions to be posed by the Court or included in the Jury Questionnaire (see section 7 below). Any voir dire questions on which counsel cannot agree shall be submitted separately. Voir dire by counsel will usually be limited to fifteen minutes per side; and

(v) Meet and confer and be prepared to discuss with the Court at the Pretrial Conference any anticipated evidentiary objections and any means for shortening and simplifying the trial (by stipulating to such matters as chain of custody, nature of substances, use of the mails, etc.).
3.
Motions In Limine

Any party wishing to have motions in limine heard prior to the commencement of trial must file and serve same no later than fourteen days prior to the date set for the Pretrial Conference. All motions in limine shall be contained in one document, limited to 25 pages and prepared in accordance with Civil L. R. 7-2(b), with each motion listed as a subheading. Opposition to the motions in limine shall be contained in one document, limited to 25 pages, with corresponding subheadings, and shall be filed and served no later than seven days prior to the Pretrial Conference. No reply papers will be considered. The motions will be heard at the Pretrial Conference or at such other time as the Court may direct. 4. Jury Instructions

a. Joint Set of Instructions. The parties shall jointly prepare a set of jury instructions, and shall file the proposed instructions at least seven days prior to the Pretrial Conference. The submission shall contain both agreed-upon instructions (which shall be so noted), and contested instructions, all in the order in which they should be read to the jury. Where contested instructions are included, they should be annotated both with the proponent’s authority for seeking the instruction and the opponent’s reason for opposition. Counsel shall deliver to Chambers a copy of the joint submission, on a CD/DVD in Word format. The label shall include the case number and a description of the documents.

United States District Court Northern District of California

b. Substance and Format of Instructions. The instructions shall cover all substantive issues and other points not covered by the Ninth Circuit Manual of Model Jury Instructions. Each requested instruction shall be typed in full on a separate page and citations to the authorities upon which the instruction is based shall be included. Instructions shall be brief, clear, written in plain English, and free of argument. Pattern or form instructions shall be revised to address the particular facts and issues of this case.

c. Preliminary Statement and Instructions. If the parties wish to have a preliminary statement read to the jury, and/or preliminary instructions given to the jury, they shall jointly prepare and file the text of the proposed preliminary statement and/or preliminary instructions at least seven days prior to the Pretrial Conference.

Findings of Fact and Conclusions of Law

In non-jury cases, each party shall file at least fourteen days prior to the Pretrial Conference proposed Findings of Fact and Conclusions of Law on all material issues. The Court requests that the parties hyperlink each proposed Finding of Fact to any supporting evidence.
Proposed Findings shall be brief, written in plain English, and free of pejorative language, conclusions and argument. Parties shall deliver to Chambers copies of Proposed Findings of Fact and Conclusions of Law on a CD/DVD in Word format, with a label including the name of the case, the case number and a description of the submission. 6. Exhibits

a. Provide Copies of Exhibits to Other Parties. The government and, to the extent consistent with the defendant’s right to an effective defense, the defendant shall provide every other party 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, at least fourteen days prior to the Pretrial Conference.
Voluminous exhibits shall be reduced by elimination of irrelevant portions or through the use of summaries. Each item shall be pre-marked with a trial exhibit sticker (“Trial Exhibit No.__”) label; defendant’s exhibit numbers shall be sequenced to begin after plaintiff’s exhibit numbers. If there are numerous exhibits, they should be provided in three-ring binders with marked tab

United States District Court Northern District of California separators. All exhibits that have not been provided as required are subject to exclusion.

b. Stipulations re Admissibility. At least seven 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 authenticity and foundation absent a legitimate (not tactical) objection.

c. Objections to Exhibits. In addition to the exhibit list, counsel shall confer with respect to any other objections to exhibits in advance of the Pretrial Conference. Each party shall file a statement briefly identifying each item objected to, the grounds for the objection, and the position of the offering party at least seven days prior to the date set for the Pretrial Conference.

d. Provide Copies of Exhibits to Court. One set of exhibits shall be provided to the Court in Chambers on the Friday prior to the trial date, in binders, marked, tabbed, and indexed in accordance with Local Rule 16-10(b)(7). Exhibits shall be identified as follows:

Blocks of numbers shall be assigned to fit the needs of the case (e.g., Plaintiff has 1-100, Defendant has 101-200). The parties shall not mark duplicate exhibits (e.g., plaintiff and defendant shall not mark the same exhibit; only one copy of the exhibit shall be marked).

e. Witness Binders. If all of the exhibits in a case do not fit in one binder, then parties shall prepare a witness binder for each witness that will testify regarding three or more exhibits. UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA TRIAL EXHIBIT 100

CASE NO. _____________________

DATE ENTERED_________________

BY __________________________ DEPUTY CLERK

United States District Court Northern District of California

f. Disposition of Exhibits after Trial. Upon the conclusion of the trial, each party shall retain its exhibits through the appellate process, as well as any exhibits that were offered but the Court did not admit. It is each party’s responsibility to make arrangements with the Clerk of Court to file the record on appeal. 7. Voir Dire The Court will utilize a Juror Questionnaire, which may include case specific questions, to be filled out by prospective jurors in advance of jury selection. Judge Orrick will hold a hearing one to three days prior to jury selection to consider whether any jurors should be excused for hardship or cause based on the written responses. Judge Orrick will only excuse jurors at that hearing if both parties agree. The parties shall review and follow Judge Orrick’s Standing Order Regarding Juror Questionnaires and Social Media Research, which is incorporated by reference into this Order. 8. Other Pretrial Matters

a. Status Conferences. Any party desiring to confer with the Court may, upon notice to all other parties, arrange a conference through the Courtroom Deputy, Jean Davis, at 415-522- 2077 or whocrd@cand.uscourts.gov.

b. Daily Transcripts. Should a daily transcript and/or realtime reporting be desired, the parties shall make arrangements with Kristen Melen, Court Reporter Supervisor, at 415-522- 2079 or Kristen_Melen@cand.uscourts.gov, at least seven calendar days prior to the trial date. 9. Trial Matters

a. The normal trial schedule will be from 8:30 a.m. to 1:30 p.m. (or slightly longer to finish a witness) with two fifteen minute breaks. Trial is usually held from Monday through Friday.

b. 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 Wednesday before the trial. Any objections not resolved must be filed in writing by Thursday before trial. The parties shall be available by telephone Friday before trial to discuss the issue raised with the Court.

United States District Court Northern District of California

c. The parties shall disclose the witnesses whom they will call at trial on any given day by at least 2:00 p.m. the court day before their testimony is expected. Failure to have a witness ready to proceed at trial will usually constitute resting.

d. The Court takes a photograph of each witness prior to the witness’s testimony.

e. Other than a party or party representative, fact witnesses are excluded from the courtroom until they are called to testify, and may not attend in the gallery until their testimony is complete.

f. The Court does not typically allow bench conferences. If there are matters that need to be raised with the Court outside the presence of the jury, the parties should raise them in the morning before trial or during recess. With advance notice, the Court is usually available at 7:30 a.m. to address such matters. 10. Miscellaneous

a.
Please DO NOT call Chambers. If you need to contact the Courtroom Deputy, please call (415) 522-2077 and leave a message if the deputy is not available, or email whocrd@cand.uscourts.gov. b.
Copies. Each document filed or lodged with the Court must be accompanied by a three-hole punched copy for use in the Judge’s chambers. In addition, one copy of the witness and exhibit lists should be furnished to the court reporter.

c.
Change of Plea. Counsel shall give prompt notice to the United States Attorney and to the Court of any intention to change a previously entered not guilty plea.

IT IS SO ORDERED. Dated: August 23, 2023

WILLIAM H. ORRICK United States District Judge

Judge Orrick's Juror Questionnaires & Social Media Research

[Source: https://cand.uscourts.gov/sites/default/files/standing-orders/JUROR-QUESTIONNAIRES-AND-SOCIAL-MEDIA-RESEARCH-Aug-2023.pdf]

(Effective 8/23/2023)

STANDING ORDER REGARDING JUROR QUESTIONNAIRES
AND SOCIAL MEDIA RESEARCH

I utilize the standard Jury Questionnaire administered by our Jury Office, amended to include some case specific questions, in most cases prior to trial. In advance of jury selection, the Jury Office will provide to counsel for the parties completed Juror Questionnaires returned by prospective jurors who have not been excused on the basis of hardship. I will hold a hearing prior to jury selection to determine whether any respondents should be excused in light of their answers.

The confidentiality of all completed Juror Questionnaires provided to counsel shall be maintained by the parties, their counsel, and anyone working for a party or counsel. This Order also restricts the parties, their counsel and anyone working for a party or counsel from contacting or attempting to contact any prospective juror. This means that the parties, their counsel, and any agent, consultant, investigator, or other person working for them shall not communicate with or otherwise contact or attempt to communicate with or attempt to otherwise contact any prospective juror in any manner, whether through social media, by email, by telephone or messaging platforms (including WhatsApp, Telegram, and the like), by mail, or in person.

I do not restrict the parties, their counsel, and any agent, consultant, investigator, or anyone working for them from conducting research regarding a prospective juror, provided that it is done only from generally available sources and that there is no actual contact or any reasonable possibility of contact with a prospective juror. Contact includes notifying a prospective juror that their social media profile has been viewed by a party, attorney, investigator, etc., even if that notification is inadvertent or provided automatically by the social media site. With the recognition that social media is constantly changing and evolving, the following are guiding, non-exhaustive examples of permissible research and impermissible contact:

1. LinkedIn may not be used to conduct any research on any prospective juror. The reason for this restriction is that a prospective juror who is on LinkedIn may be notified of the identity of anyone who uses LinkedIn to view the prospective juror’s profile or other information, or be notified that an “anonymous” person viewed the prospective juror’s profile or that an inquiry through LinkedIn has been made, even if an investigator uses an account that allows for “anonymous” searches. Those notifications constitute “contact” with the prospective juror. This restriction also applies to any other form of social media besides LinkedIn that has this feature or a similar feature, including TikTok if the automatic notification setting is employed.

2. Some social media sites have features to automatically notify users that their posts have been seen by certain people, such as temporary “stories” that provide the poster a list of

(Effective 8/23/2023)

accounts that have “viewed” the post/post. These features may not be used to conduct any research on any prospective juror, even if they are posted publicly, because the automatic notification constitutes “contact” with the prospective juror, as the individual may be notified of the identity of anyone who views their post. This applies to “stories” on Instagram, SnapChat, and Facebook, and to any other form of social media with similar automatic notification features.

3. Other social media sites and features may only be used to view publicly available profiles, feeds, and posts. No “follow requests,” “friend requests,” or the like may be sent to any prospective juror on any social media site, regardless of whether a profile is public or private. The reason for this is that these requests constitute contact, and a prospective juror who uses these sites may be notified of the identity of anyone who sends such a request. This applies to Twitter, Facebook, Instagram, TikTok, SnapChat, Threads, and any other form of social media.

4. Only sources that are publicly available and private sources that derive their information from publicly available sources may be used to research a prospective juror. This includes private databases maintained by third parties based on open-source or other publicly available information, notwithstanding the fact that a subscription or fee may be needed to access those databases.

5. No in-person surveillance, no matter how brief, of any home, neighborhood, or place of work of any prospective juror or any family member of a prospective juror is allowed.
   IT IS SO ORDERED.

William H. Orrick United States District Judge

Judge Orrick's Civil Standing Order

[Source: https://cand.uscourts.gov/sites/default/files/standing-orders/WHO-Standing-Order-Civil-May-2023.pdf]

(Effective 5/2023)

JUDGE ORRICK’S STANDING ORDER FOR CIVIL CASES

Conformity to Rules
Parties shall follow the Federal Rules of Civil Procedure, the Civil Local Rules, and the General Orders of the Northern District of California, except as superseded by this Court’s Standing Orders. 2.
Communication with the Court Unless otherwise authorized, parties shall not attempt to make ex parte contact with the Judge or his Chambers staff by telephone, facsimile, letter, or any other means but may contact Judge Orrick’s Courtroom Deputy, Jean Davis, at whocrd@cand.uscourts.gov or 415-522-2077 with appropriate inquiries. 3.
Weekly Calendars and Scheduling
Civil Law and Motion is generally conducted on Wednesdays at 2:00 p.m. Unless a request is made for an in-person argument that is granted by Judge Orrick, all civil law and motion hearings will be conducted by Zoom videoconference. Prior to the hearing date, the Courtroom Deputy will publish a notice on the case docket explaining how the hearing will be conducted and providing access information for counsel and for members of the public and press. Hearings may be vacated and determined on the papers.
Counsel need not reserve motion hearing dates but should check Judge Orrick’s calendar (at www.cand.uscourts.gov under “Calendar” and “Judges’ Weekly Calendars”) 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 Judge Orrick. See Judge Orrick’s Scheduling Notes for any updated information. When appearing by Zoom, counsel should be attired as they would if they were in the courtroom. Civil Case Management Conferences are generally conducted on Tuesdays at 2:00 p.m. Unless specially set, all Initial and Further Case Management Conferences will be conducted by Zoom videoconference. When appearing by Zoom, counsel should be attired as they would if they were in the courtroom. Case Management Statements must be filed one week prior to the Case Management Conference. Prior to the Case Management Conference, the Courtroom Deputy will publish a notice on the case docket explaining how the Conference will be conducted and providing access information for counsel and for members of the public and press. After reviewing the parties’ Case Management Statement, Judge Orrick may vacate the Conference and issue a Case Management Order based on the parties’ Statement. See Judge Orrick’s Scheduling Notes for any updated information. At the initial conference, the parties should be prepared to set the dates for trial, pretrial conference, last day for hearing dispositive motions, cutoffs for expert and fact discovery, and the designation of experts. The parties should also be ready to discuss ADR.
Pretrial Conferences are generally conducted in person on Mondays at 2:00 p.m. in Courtroom 2 on the 17th floor. See Judge Orrick’s Standing Pretrial Conference Order.

(Effective 5/2023)

Notice Prohibiting Recording of all Telephone or Videoconferences. Persons granted remote access to court proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings (including those held by telephone or videoconference). See General Order 58 at Paragraph III. Any recording of a court proceeding held by video or teleconference, including “screen-shots” or other visual copying of a hearing, is absolutely prohibited. Violation of these prohibitions may result in sanctions, including removal of court-issued media credentials, restricted entry to future hearings, or any other sanctions deemed necessary by the court. Please see https://www.cand.uscourts.gov/zoom/ for information on preparing for and participating in a Zoom Meeting or Webinar. Counsel are instructed to familiarize themselves with and practice Zoom functions, and to test their internet, video, and audio capabilities prior to the hearing. 4.
Discovery Disputes In the event of a discovery dispute, lead trial counsel for the parties shall meet and confer in person or by videoconference to attempt to resolve their dispute informally. A mere exchange of letters, e-mails, telephone calls, or facsimile transmissions does not satisfy the requirement to meet and confer.
If, after a good faith effort, the parties have not resolved their dispute, they shall prepare a concise joint statement of five pages or less, stating the nature and status of all pending disputes and certifying that they have met the meet-and-confer requirement. Absent an order of this Court, parties shall not file affidavits or exhibits other than copies of the written requests for discovery and the answers or objections thereto.
If a joint statement is not possible, each side may submit a brief individual statement of two pages or less.
In addition to the certification of compliance with the meet-and-confer requirement, the individual statement shall include an explanation of why a joint statement was not possible. The joint statement or individual statements shall be e-filed in the Civil Events category of Motions and Related Filings > Motions-General > Discovery Letter Brief.
The Court will advise the parties of the need, if any, for more formal briefing or a hearing, pursuant to Civil Local Rule 7-1(b). The Court may also elect to refer the matter to a magistrate judge or special master. If a magistrate judge is assigned to a case for discovery, that judge shall handle any future discovery disputes in that case and the parties shall comply with the procedures set by that judge for discovery. 5.
Stipulated Protective Orders and Orders Re: Discovery of ESI Parties who seek a protective order or order re: discovery of ESI shall use one of the model stipulated orders available at https://cand.uscourts.gov/model-protective-orders or https://cand.uscourts.gov/eDiscoveryGuidelines, unless good cause exists to depart from the model order. Parties who submit a stipulated proposed order that differs from the model order shall also submit a declaration justifying the departure from the model order, along with a redline version comparing the proposed order with the model order. 6. Courtesy Copies No courtesy copies shall be provided, except: (1) courtesy copies of electronic media manually filed shall be provided to chambers; and (2) if the exhibits submitted in support of motions for temporary restraining orders, preliminary injunctions, or summary judgment exceed 100 pages, courtesy copies shall be provided in binders with tabs separating each exhibit.

(Effective 5/2023)

Summary Judgment Motions Parties are limited to filing one motion for summary judgment. Any party wishing to exceed this limit must request leave of Court. 8.
Class Action Settlements
Counsel are reminded to review and comply with the Northern District’s Procedural Guidance for Class Action Settlements available on the Court’s website at www.cand.uscourts.gov/ClassActionSettlementGuidance.
9.
Service of Standing Order Plaintiff (or in the case of removed cases, any removing defendant) is directed to serve copies of all Judge Orrick Standing Orders at once upon all parties to the action, and upon those subsequently joined, in accordance with the provisions of Federal Rules of Civil Procedure 4 and 5 and to file with the Clerk of Court a certificate reflecting such service, in accordance with Civil Local Rule 5-5(a). 10.
Unrepresented (Pro Se) Parties

Parties representing themselves should visit the link titled “If You Don’t Have a Lawyer” on the Court’s homepage, www.cand.uscourts.gov. The link discusses the Court’s “Legal Help Center” for unrepresented parties. The Legal Help Center can be reached at 415-782-8982. In San Francisco, the Legal Help Center is located on the 15th Floor, Room 2796, of the courthouse at 450 Golden Gate Avenue. In Oakland, the Legal Help Center is located on the 4th Floor, Room 470S, of the courthouse at 1301 Clay Street. 11. Pronouns/Titles Parties and attorneys may indicate their pronouns and titles (e.g., Mr., Ms., Mx.) by including them in the name block or signature line of their pleadings, or by submitting a letter directed to chambers. IT IS SO ORDERED. Dated: May 25, 2023

William H. Orrick
United States District Judge

Judge Orrick's Standing Order For Criminal Cases

[Source: https://cand.uscourts.gov/sites/default/files/standing-orders/WHO-Standing-Order-Criminal-June-2013.pdf]

(Effective 6/2013)

JUDGE ORRICK'S STANDING ORDER FOR CRIMINAL CASES

Conformity to Rules
Parties 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. 2. Communication with the Court Unless otherwise authorized, parties shall not attempt to make ex parte contact with the Judge or his chambers staff by telephone, facsimile, letter or any other means but may contact his Courtroom Deputy Jean Davis at 415-522-2077 or whocrd@cand.uscourts.gov with appropriate inquiries. 3.
Scheduling Criminal Law and Motion Calendar is conducted on Thursdays at 1:30 p.m. Pretrial Conferences are generally conducted on Mondays at 2:00 p.m.
4.
Motions All motions shall comply with Crim. L.R. 47-2. Before filing any motion, counsel for defendant and for the government shall confer concerning any matter covered by Crim. L.R. 17.1-1(b) relevant to the case, in particular, subparagraphs (1) - (3). The party filing any motion or other paper in this case shall show on the first page beneath the file number which, if any, of the exclusions under 18 U.S.C. § 3161 may be applicable to the action sought or opposed by the motion or other paper, and his or her calculation of the amount of excludable time to the hearing date. The party filing an opposition or other paper shall also show on the first page beneath the file number which, if any, of the exclusions under 18 U.S.C. § 3161 may be applicable to the action sought or opposed by the motion or other paper, and his or her calculation of the amount of excludable time to the hearing date. Crim. L.R. 47-2 (c).

Courtesy Copies All courtesy copies must be three-hole punched at the left margin. All courtesy copies of e-filed documents must bear the ECF stamp (case number, document number, date and page number) on the top of each page.

IT IS SO ORDERED.

William H. Orrick United States District Judge

Judge Orrick's Standing Order on Administrative Motions to Seal

[Source: https://cand.uscourts.gov/sites/default/files/standing-orders/WHO-Standing-on-Administrative-Motions-to-Seal-September-2022.pdf]

(Effective 9/2022)

JUDGE ORRICK’S STANDING ORDER ON
ADMINISTRATIVE MOTIONS TO FILE UNDER SEAL

Any party seeking to file material under seal must comply with this Order and Civil Local Rule 79-5. The party that has designated material as confidential (“Designating Party”) also must file a declaration in support of sealing that rebuts the strong presumption in favor of public access that applies to all documents other than grand jury transcripts and pre-indictment warrant materials. See Kamakana v. City & Cnty. of Honolulu, 447 F.3d 1172, 1178 (9th Cir. 2006). A. Administrative Motions to File Under Seal

Administrative motions to file materials under seal must contain the following information, presented in the following sequence:

1. A statement certifying that the filing party has reviewed and complied with this Order.
2. A statement certifying that the filing party has reviewed and complied with Civil Local Rule 79-5.
3. An identification of each document, documents, or portions of documents proposed to be sealed or redacted.
4. A statement identifying the entity that has designated the materials to be sealed as confidential. If a party seeks to seal numerous documents, the party shall provide a chart identifying the entity that designated each document as confidential.
5. A statement identifying the basis for sealing each document or portion of a document. If a party seeks to seal numerous documents, the party shall provide a chart identifying the basis for sealing each document or portion of a document. If the portions of documents sought to be sealed are voluminous, the Court will consider a single statement covering multiple documents if the basis for sealing those materials is the same.
6. All other materials required by the Local Rule. See CIVIL L.R. 79-5(c). B. Justification for Filing Under Seal The Designating Party must establish that the following requirements are met:

The document or document portion sought to be sealed is privileged, protectable as a trade secret or otherwise entitled to protection under the law. Supporting declarations or statements must “‘articulate [ ] reasons supported by specific factual findings’” to warrant sealing. Kamakana, 447 F.3d at 1178. Note that “[r]eference to a stipulation or protective order that allows a party to designate certain documents as confidential is not sufficient to establish that a document, or portions thereof, are sealable.” CIVIL L.R. 79- 5(c). Conclusory assertions of harm are insufficient. 2. The “strong presumption of access to judicial records” is rebutted under the appropriate legal standard, i.e., the “good cause” or “compelling reasons” standard. The standard that applies depends on whether the underlying motion at issue “is more than tangentially related to the merits of a case.” Ctr. for Auto Safety v. Chrysler Group, LLC, 809 F.3d 1092, 1101 (9th Cir. 2016). The Administrative Motion or declaration must identify the

(Effective 9/2022)

appropriate standard and articulate why the materials to be sealed satisfy that standard.
“The mere fact that the production of records may lead to a litigant’s embarrassment, incrimination, or exposure to further litigation will not, without more, compel the court to seal its records.” Kamakana, 447 F.3d at 1179. 3.
The request is “narrowly tailored to seek sealing only of sealable material” and does not indiscriminately seek to seal documents or portions of documents which do not contain sealable material. CIVIL L.R. 79-5(c)(3).
C. Proposed Orders and Service 1. Proposed Orders must identify with specificity each document, documents, or portions of documents proposed to be sealed or redacted in compliance with Civil Local Rule 79- 5(c)(3).
2. Electronic copies of proposed orders must be sent in Word format to whopo@cand.uscourts.gov. 3. The filing party must serve the above items, this Order, and a copy of Civil Local Rule 79-5 upon (i) any party who is not on ECF, and (ii) any non-party that has designated as confidential any material to be sealed. The filing party must then file a certificate of service to confirm that it has complied. D. E-filing 1. For instructions on how to e-file the Administrative Motion to File Under Seal or Administrative Motion to Consider Whether Another Party’s Material Should Be Sealed, see the directions on the Court’s homepage at http://cand.uscourts.gov/ecf/underseal. 2. If the document sought to be filed under seal is a motion (for example, a motion to dismiss, a motion for summary judgment), counsel shall e-file, separately from the contents and attachments of the Administrative Motion to File Under Seal discussed above, a redacted version of the Motion. That separate filing will allow counsel to select a hearing date for the substantive Motion.
FAILURE TO COMPLY WITH THIS STANDING ORDER AND THE LOCAL RULES MAY RESULT IN SUMMARY DENIAL OF ADMINISTRATIVE MOTIONS TO FILE UNDER SEAL. Dated: September 2, 2022

William H. Orrick United States District Judge

View source on NDCA.uscourts.gov →