Judge P. Casey Pitts — United States District Court, Northern District of California

Standing Orders — Inline Excerpts

Civil Standing Order

Chambers copies shall not be submitted unless the Court requests them. The Court may at times specifically order the parties to provide digital chambers copies of motion briefs, including supporting documents, on portable media (e.g., a CD or flash drive). In rare instances, the Court may request paper chambers copies for particularly voluminous filings. If the Court does so, the chambers copies should be double-sided (when possible) and three-hole punched along the left side of the page, and should bear the ECF filing “stamp” (case number, docket number, date, and ECF page number) along the top of the page. All exhibits shall be clearly delineated with labels along the right side. If the filing includes exhibits over two inches thick, the parties shall place the paper chambers copies in a binder. The chambers copies shall be marked “Chambers Copy” and submitted to the Clerk’s Office, in an envelope marked with “Judge Pitts,” the case number, and “Chambers Copy.”

Criminal Standing Order

Chambers copies shall not be submitted unless the Court requests them. The Court may at times specifically order the parties to provide digital chambers copies on portable media (e.g., a CD or flash drive). In rare instances, the Court may request paper chambers copies for particularly voluminous filings. If the Court does so, the chambers copies should be double-sided (when possible) and three-hole punched along the left side of the page, and should bear the ECF filing “stamp” (case number, docket number, date, and ECF page number) along the top of the page. All exhibits shall be clearly delineated with labels along the right side. If the filing includes exhibits over two inches thick, the parties shall place the paper chambers copies in a binder. The chambers copies shall be marked “Chambers Copy” and submitted to the Clerk’s Office, in an envelope marked with “Judge Pitts,” the case number, and “Chambers Copy.”

Delivery Address

United States District Court Office of the Clerk 280 South First Street San Jose, CA  95113

Judge Pitts' Civil Standing Order

[Source: https://cand.uscourts.gov/sites/default/files/standing-orders/PCP-CivilStandingOrder10-26-2025.pdf]

Effective August 2024 Judge P. Casey Pitts · Standing Order for Civil Cases Courtroom 8, 4th Floor, Robert F. Peckham Courthouse 280 South First Street, San José, CA 95113 Nicole Coleman (she/her), Courtroom Deputy (CRD) (408) 535-5346 · pcpcrd@cand.uscourts.gov

Pretrial Conferences

Tuesdays at 10:00 AM Civil Law & Motion Calendar

Thursdays at 10:00 AM Civil Case Management Conferences Thursdays at 1:00 PM

Confirm Judge Pitts’s availability before noticing any motion. Scheduling Notes listing unavailable dates are posted at cand.uscourts.gov/pcp This order supplements the Federal Rules and Civil Local Rules in civil cases before Judge Pitts. Where indicated, additional details and instructions are included in endnotes. COMMUNICATING WITH CHAMBERS • Inquiries. Contact Judge Pitts’s CRD regarding scheduling and other similar inquiries. Do not communicate ex parte with Judge Pitts or chambers staff unless authorized. • Requests. Request Court action by stipulation or motion, not via letters or letter briefs.
EMERGENCY REQUESTS • Submission. When seeking emergency relief (e.g., a temporary restraining order or any stipulation that needs action within 24 hours), notify Judge Pitts’s CRD by phone and email. • Notice. Make every reasonable effort to notify the opposing party (and counsel) as early as possible before seeking emergency relief. Emergency requests must explain such efforts and may be denied if the moving party’s efforts are insufficient. • Response. Do not respond to a request for emergency relief until instructed. Judge Pitts will almost never grant emergency relief without first requesting a response. SCHEDULING • Availability. Motions may be noticed for any Thursday at 10:00 AM subject to the availability of Judge Pitts (listed in his Scheduling Notes) and the 35-day notice period. • Rescheduling. Requests to continue a hearing or CMC are due 72 hours in advance. • In-Person. Hearings are in person unless specifically indicated on the docket. Motions to have a remote hearing by Zoom are due one week in advance and are not always granted.1 PRONOUNS & HONORIFICS • Pronouns and honorifics may be indicated in pleadings, a separate letter, or at hearings.

Judge Pitts · Standing Order for Civil Cases

CASE MANAGEMENT CONFERENCES & SCHEDULES • Statements. Joint Case Management Statements are due 7 days before the conference. Statements should clearly identify any disputes the parties need the Court to resolve. • Postponing. If a pending motion to dismiss is dispositive of an entire case, the parties may stipulate to hold the initial CMC 60 days or more after the hearing. • Attorneys. The attorney appearing at a CMC need not be lead counsel but must have full authority to make decisions about any issue that may arise. • Proposed Schedule. CMC statements should propose a full litigation schedule, including deadlines to amend pleadings and complete ADR. Rather than including a date for the pretrial conference and trial, the schedule shall include a date for a trial-setting conference. When proposing dates, allow: o no more than 24 months between the initial CMC and the trial-setting conference (absent justification); o at least 20 weeks between the dispositive motion filing deadline and trial-setting conference;
Use absolute dates (e.g., Jan. 1, 2024) rather than relative ones (e.g., 60 days after an order). • Motions to Exclude Expert Testimony must be filed by the dispositive motions deadline. • ADR. Cases will generally not be referred for a settlement conference with a magistrate judge unless the parties have already completed a different form of ADR. • Amendment. Rule 15 requires the Court to “freely give leave” to amend “when justice so requires.” Do not unreasonably withhold consent to amendment. If agreement cannot be reached, motions to amend are due by the deadline for amending the pleadings. • Modification. Once set, case schedules and trial dates will only be modified for good cause.2 MOTIONS & BRIEFING • Briefing Schedule. Parties may stipulate to a motion briefing schedule that differs from the default. Allow at least 14 days between the final filing and the hearing. Hearings on motions for summary judgment or substantive motions in patent cases should allow 21 days. • Citations. Citations and factual assertions must be completely accurate. Misrepresentations of law or fact, however subtle, may result in sanctions. Judge Pitts prefers Westlaw citations. • Page Limits. Requests to enlarge page limits are rarely granted.3 • Footnotes. Footnotes must be in at least 12-point type and should be used sparingly. • Reply Briefs. If multiple parties file separate opposition briefs to a motion, the moving party must file a single consolidated reply brief complying with the default page limits. • No Chambers Copies. Do not submit chambers copies unless requested. • Filing Documents. File each motion, supporting declaration, and exhibit on ECF as a separate searchable PDF with a clear name and description. • Redline Amendments. Attach as an exhibit to any amended or proposed amended pleading a redlined document showing the changes made to the previously filed pleading. • Evidence and Exhibits. Submit a joint appendix of evidence if possible. Where each party relies on the same exhibit, cite an already filed exhibit rather than filing a duplicate.
• Objections to Evidence. Object to evidence within briefs. Do not file separate pleadings.

Judge Pitts · Standing Order for Civil Cases

• Proposed Orders. File proposed orders on ECF as PDFs and email Word versions to pcppo@cand.uscourts.gov. Proposed orders are only necessary for administrative motions, ex parte applications, and motions seeking specific relief.4
• Tentative Rulings. Judge Pitts does not issue tentative rulings. SEALING MOTIONS • Justification. Any motion to seal must comply with Local Rule 79-5 and state whether the compelling reasons or good cause standard applies and why. Make arguments specific to the portions of documents sought to be sealed. Blanket or generic statements like “competitive harm” are almost never sufficient. See, e.g., Apple Inc. v. Rivos, Inc., 2024 WL 748394 (N.D. Cal. Feb. 23, 2024) (Pitts, J.). Frivolous, overbroad, or inadequate sealing motions risk denial, publication without further notice, or sanctions. • Proposed Redactions. Highlight proposed redactions to any documents sought to be filed partially under seal. Label documents sought to be entirely sealed accordingly.
• Consolidated Sealing Motions. If the briefing on a substantive motion includes multiple sealing motions, Judge Pitts requires a single joint motion that consolidates all requests.
SUMMARY JUDGMENT • Motions for summary judgment are subject to Judge Pitts’s separate Standing Order on Summary Judgment. DISCOVERY • In most cases, discovery will be referred to a magistrate judge whose procedures will apply. • The presumptive limits on discovery set forth in the Federal Rules will govern most cases. Judge Pitts rarely departs from the default rules unless the parties agree. HEARINGS • Vacating Hearings. Judge Pitts may vacate any hearing date and rule on the papers. • Newer Lawyers. Notify Judge Pitts’s CRD two weeks in advance if an attorney with less than 7 years of experience will argue. Judge Pitts will consider this in deciding whether to hold a hearing. Judge Pitts will allow additional argument from a senior attorney if needed. • Demonstratives. Judge Pitts seldom finds such materials useful and counsel should be prepared to answer his questions. Send any demonstratives to opposing counsel and Judge Pitts’s CRD (via email) 48 hours in advance. UNREPRESENTED PARTIES • Parties representing themselves can contact the Federal Pro Se Program, which provides limited free legal services to pro se litigants. Visit Room 2070 of the San José Courthouse, contact Haohao Song at (408) 297-1480, or visit cand.uscourts.gov/helpcentersj.
CLASS ACTION SETTLEMENTS • Parties submitting motions for preliminary or final approval of class action settlements
must follow these guidelines: https://cand.uscourts.gov/forms/procedural-guidance-for-

Judge Pitts · Standing Order for Civil Cases

class-action-settlements/. Parties should include an appendix with their brief that responds to the specific requirements outlined in the guidelines. (Copying and pasting each listed item and immediately following it with the parties’ response is best.). Failure to address the issues identified in the guidelines may result in unnecessary delay or denial of approval.

Judge Pitts · Standing Order for Civil Cases

Additional Notes

1 REQUESTING REMOTE APPEARANCES. Requests to appear remotely via Zoom for a hearing must be made by administrative motion (not stipulation) at least one week in advance. Motions may be joint or by a single party for good cause (e.g., burdensome travel, resource constraints, mobility limits, or party access). Non-parties may request to access a remote hearing by filing a request on the Northern District’s website (https://cand.uscourts.gov/about/court- programs/cameras/). Judge Pitts retains full discretion to deny any such requests, and requests not joined by all parties are more likely to be granted for CMCs than for hearings.

Anyone granted remote access to Zoom proceedings is strictly prohibited from photographing screenshotting, recording, or rebroadcasting the proceeding. Pursuant to General Order 58, violating these prohibitions may result in sanctions, including removal of court-issued media credentials, restricted entry into future hearings, or any other sanctions deemed necessary.

2 REQUESTING CHANGES TO DATES & DEADLINES. Submit motions/stipulations to extend dates and deadlines at least 72 hours before the date at issue. Requests must: • Explain the justification (Judge Pitts is unlikely to approve changes without good cause, and without a compelling showing of good cause for changes to trial dates); • State how many extensions have previously been requested, and indicate the Court’s rulings on those requests; and
• Include a proposed order listing all future deadlines in the case schedule incorporating the proposed modifications.

3 REQUESTING ENLARGED PAGE LIMITS. Submit motions/stipulations to enlarge page limits at least 72 hours before the relevant filing is due. If a request is made by administrative motion rather than stipulation, any opposition must be filed by the sooner of: (a) 12:00pm one business day before the filing deadline, or (b) the time allowed by Civil Local Rule 7-11.

4 REQUESTING SPECIFIC RELIEF VIA PROPOSED ORDER. Proposed orders are not necessary for most substantive motions, such as motions for summary judgment and motions to dismiss. File proposed orders only in connection with administrative motions, ex parte applications, and motions that ask for specific relief (e.g., a motion for a preliminary injunction or an application for a temporary restraining order) or factual findings (e.g., a motion to approve a class settlement or for attorneys’ fees). Proposed orders submitted in connection with motions for injunctive relief should state the specific relief sought. Proposed orders must be both filed on ECF in PDF form and emailed in Word form to pcppo@cand.uscourts.gov. Orders submitted only by email are not deemed filed and may not be seen by the Judge.

Judge Pitts' Criminal Standing Order

[Source: https://cand.uscourts.gov/sites/default/files/standing-orders/2023.08.30-PCP-Criminal-Standing-Order-FINAL.pdf]

United States District Court Northern District of California UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

STANDING ORDER FOR CRIMINAL CASES JUDGE P. CASEY PITTS (Revised August 30, 2023)

I. CONFORMITY TO RULES Parties and counsel shall comply with 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. II. COMMUNICATION WITH THE COURT Parties and counsel shall not engage in any ex parte communication with Judge Pitts or his chambers staff by telephone, facsimile, e-mail, or any other means, unless such contact has been authorized in advance. Parties and counsel may contact Judge Pitts’s Courtroom Deputy Nicole Coleman at (408) 535-5346 or pcpcrd@cand.uscourts.gov with any inquiries regarding scheduling or any other matter. III. CHAMBERS COPIES Chambers copies shall not be submitted unless the Court requests them. The Court may at times specifically order the parties to provide digital chambers copies on portable media (e.g., a CD or flash drive). In rare instances, the Court may request paper chambers copies for particularly voluminous filings. If the Court does so, the chambers copies should be double-sided (when possible) and three-hole punched along the left side of the page, and should bear the ECF filing “stamp” (case number, docket number, date, and ECF page number) along the top of the page. All exhibits shall be clearly delineated with labels along the right side. If the filing includes exhibits over two inches thick, the parties shall place the paper chambers copies in a binder. The chambers copies shall be marked “Chambers Copy” and submitted to the Clerk’s Office, in an envelope marked with “Judge Pitts,” the case number, and “Chambers Copy.”

United States District Court Northern District of California IV. INVITATION TO SELF-IDENTIFY PRONOUNS AND HONORIFICS If they so choose, litigants and lawyers may indicate their pronouns (e.g., she/her, he/him, they/their) and honorifics (e.g., Mr., Ms., Mx., Dr.) by adding the information in the name block or signature line of the pleadings, by filing a letter on the public docket, or by informing the Court at the start of a hearing. V. SCHEDULING Judge Pitts’s criminal law and motion calendar is called on Wednesdays at 10:00 a.m. in Courtroom 8 on the 4th Floor of the Robert F. Peckham Courthouse, located at 280 South First Street, San Jose, CA, 95113.
VI. CHANGE OF PLEA

If a plea is being entered pursuant to a plea agreement, government counsel shall email a copy of the plea agreement to Judge Pitts’s Courtroom Deputy Nicole Coleman at pcpcrd@cand.uscourts.gov by 2:00 p.m. the Monday before the plea is to be entered. If there is to be an open plea, counsel for the defendant shall notify the Court by 2:00 p.m. the Monday before the plea is to be entered. VII. EXCLUSION OF WITNESSES

Witnesses shall be excluded from the courtroom until their testimony is completed. Parties are ordered to admonish witnesses of the Court’s order. Failure to comply may result in sanctions, including without limitation the striking of the witness’s entire testimony. VIII. JOINT PRETRIAL CONFERENCE STATEMENTS

Counsel shall comply with Local Rule 17.1-1(b) and file a joint pretrial conference statement not less than seven days prior to the pretrial conference addressing all fifteen issues identified therein. Counsel shall meet and confer in advance on proposed jury instructions, voir dire questions, exhibits, and stipulations, all of which must be attached to their joint pretrial conference statement. Counsel should be prepared to discuss with the Court any anticipated evidentiary objections and any means for shortening and simplifying the trial. Counsel should submit an agreed upon set of additional requested voir dire questions to be posed by the Court. Any voir dire questions on which counsel cannot agree shall be submitted separately.

United States District Court Northern District of California On the same day the pretrial conference statement is due, the government shall serve and file: (1) a proposed jury verdict form; (2) a list of all witnesses who may be called, together with a brief summary of the testimony of each; (3) an exhibit list; and (4) a trial memorandum briefly stating the legal bases for charges and the anticipated evidence, and addressing any evidentiary, procedural, or other anticipated legal issues. To the extent consistent with the defendant’s right to an effective defense, defense counsel shall also serve and file items (2) through (4) above. The parties shall also meet and confer and file a joint statement of the case to be read during voir dire. Any disputes will be resolved at the pretrial conference. The parties must e-mail Word versions of the proposed jury instructions, voir dire questions, and verdict form to pcppo@cand.uscourts.gov. IX. JURY INSTRUCTIONS The parties must attach to their pretrial conference statement a joint set of jury instructions ordered in logical sequence and accompanied by a table of contents. The parties must use the Ninth Circuit Model Jury Instructions whenever possible. Proposed deviations from the model instructions, no matter how minor, must be clearly identified by redlined or highlighted copy and supported by authority. The Court discourages the unnecessary submission of special instructions or modification of model instructions. Special instructions, if any, must be complete, accurate, balanced, clear, and non-argumentative. Any instruction on which the parties disagree should be marked as “disputed” and in the place where the proposing party believes the instruction should be given. Disputed instructions must be followed by concise argument and authority in support of and against the use of the instruction. X. OPENING STATEMENTS

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 the close of business on the Wednesday before trial. Any objections not resolved must be filed in writing by the Thursday before trial. The parties shall be available by telephone on the Friday before trial to discuss the issues raised with the Court.

United States District Court Northern District of California XI.
REQUESTS FOR TRANSCRIPTS

If transcripts will be requested during or immediately after the trial, arrangements must be made with the Court Reporter Coordinator at (408) 535-5583 at least one week prior to the commencement of the trial. XII. INTERPRETERS

Counsel must notify the Court at least 30 days in advance of trial if any witness requires an interpreter and there is no certified court interpreter to translate in the necessary language(s). XIII. SENTENCING MEMORANDA

Although the parties are not required to file a Sentencing Memorandum, except as set forth in Local Rule 32-5(b), the Court encourages parties to do so. If a party chooses to submit a Sentencing Memorandum to the Court, it must be filed at least seven calendar days before the date on which Judgement and Sentencing is scheduled. Responses to Sentencing Memoranda shall be filed at least five calendar days before the date on which Judgement and Sentencing is scheduled.

IT IS SO ORDERED.

Dated: August 30, 2023

P. CASEY PITTS United States District Judge

Judge Pitts Standing Order re: Discovery Disputes Not Referred to the Magistrate Judge

[Source: https://cand.uscourts.gov/sites/default/files/standing-orders/PCP-Standing-Order-Regarding-Discovery-Disputes-2024-08-23.pdf]

Judge P. Casey Pitts · Standing Order Regarding Discovery Disputes Not Referred to the Magistrate Judge
This order supplements the Federal Rules, Civil Local Rules, and Judge Pitts’s Standing Order for Civil Cases and describes the procedure for resolving discovery disputes not referred to the magistrate judge.

In the rare cases where Judge Pitts is overseeing discovery, the following procedures apply. Discovery disputes should be brought to the Court’s attention as early as possible. If the parties cannot resolve their discovery dispute after a good faith effort, they shall prepare and file a joint letter of no longer than 5 pages stating the nature and status of their dispute. Both sides must submit proposed orders as well. No exhibits may be submitted with the letter other than any discovery request or response that is the subject of the letter. The letter must be filed as soon as possible, but under no circumstances may it be filed more than 7 days after the applicable discovery cutoff, per Civil Local Rule 37-3.

The side seeking relief from the Court should prepare its portion of the letter first, and then provide that portion to the opposing side so that the opposing side may prepare its response. The party seeking relief from the Court should file the letter. The Court may resolve the dispute on the papers or schedule a hearing. The joint discovery letter process does not apply to discovery disputes with third parties.

Judge Pitts' Civil Trial Standing Order

[Source: https://cand.uscourts.gov/sites/default/files/standing-orders/PCP-CivilTrialStandingOrder_10-26-2025.pdf]

Effective August 2024 Judge P. Casey Pitts · Standing Order for Civil Trials Courtroom 8, 4th Floor, Robert F. Peckham Courthouse 280 South First Street, San José, CA 95113 Nicole Coleman (she/her), Courtroom Deputy (CRD) (408) 535-5346 · pcpcrd@cand.uscourts.gov Unless otherwise indicated by the Court, this Standing Order applies to all civil trials. This order supplements the Federal Rules, the Civil Local Rules, and the Standing Order for Civil Cases before Judge Pitts. TRIAL SETTING CONFERENCE • Joint Trial Availability Statement. At least one week before the trial setting conference, the parties shall file a joint statement specifying their joint availability for trial and an estimate of the total number of hours or days needed for trial. The Court may provide guidance in advance regarding the specific date range to consider. • Pretrial Order. Shortly after the trial setting conference, the Court will issue a pretrial order specifying the date of the joint pretrial conference and the date that trial shall begin. In that order, the Court will also set deadlines for the various filings described in the following section. JOINT PRETRIAL CONFERENCE • At the joint pretrial conference, the parties should be prepared to address the matters addressed herein as well as any pending motions in limine and motions to exclude. • Joint Pretrial Statement. In advance of the pretrial conference, the parties shall submit a joint statement of up to 10 pages including the following: o Facts: State all relevant undisputed facts to which the parties will stipulate for incorporation into the trial record without supporting testimony or exhibits, as well as all disputed facts that remain to be decided at trial. o Legal issues: Briefly state each disputed point of law, including relevant citations. o Motions: Indicate any anticipated motions. o Stipulations: Indicate any requested or proposed stipulations that will expedite the presentation of evidence. o Settlement: Summarize the status of settlement negotiations and indicate whether further discussions are likely to be productive. o Duration: Estimate the total number or hours or days needed for trial. o Witnesses: List all witnesses likely to be called at trial by each side, describe the substance of the testimony to be given, and estimate how long the testimony will take. o Miscellaneous: Identify any other issues to be addressed at the conference.

Judge Pitts · Standing Order for Summary Judgment

• Jury Materials. In advance of the pretrial conference, the parties shall submit the following:
o Preliminary statement: A one-paragraph joint statement of the case to be read at voir dire.
o Proposed jury questions: A list of up to nine agreed-upon questions to be asked in the online questionnaire that will be sent to prospective jurors before jury selection. o Proposed voir dire questions: A list of agreed upon-questions to be posed by the Court after initial voir dire. The parties should formulate these questions such that they require only “yes”/“no” answers enabling jurors to raise their hands in response. (Counsel will also be allowed a brief follow-up voir dire).
o List of involved individuals: A list of all people involved in this case (including counsel, parties, and potential witnesses) to be shared during jury selection. o Proposed jury instructions: A joint set of proposed jury instructions. Proposed instructions should follow the Ninth Circuit Model Jury Instructions to the extent possible, and any deviations must be indicated. Undisputed instructions shall be identified as “Stipulated Instruction No. [number] re: [subject].” Disputed instructions shall be identified as “Disputed Instruction No. [number] re: [subject] offered by [party],” with different proposals of the same instruction bearing the same number. For any disputed instruction (or any instruction which a party believes should not be given), each party may file a one-page statement supporting their position.
o Proposed verdict form: A single agreed upon proposed verdict form if possible, or separate proposed verdict forms if the parties cannot reach agreement. • Motions in limine. Each side may submit up to five motions in limine, each addressing a single, separate topic. Motions shall be identified as “[Party’s] Motion in Limine No. [number] re: [topic].” Briefing is limited to five pages per side, and reply briefs are not permitted.
EXHIBITS AND DEPOSITION EXCERPTS • Joint Filing of Trial Exhibits. The parties shall prepare a single set of all trial exhibits, expert reports of testifying experts, and deposition transcripts of testifying witnesses that will be the official record and, if applicable, used on appeal. Exhibits shall be numbered (not lettered) sequentially, with each exhibit identified as “Trial Exhibit No. [number].” Before submitting trial exhibits, the parties shall meet and confer in person to consider exhibit numbers, eliminate duplicates, and minimize confusion, and make a good faith effort to stipulate to admissibility. At minimum, absent a legitimate objection, the parties shall make every effort to stipulate to authenticity and foundation.

Judge Pitts · Standing Order for Summary Judgment

• Tagging Exhibits. Each exhibit shall be tagged as follows:

•

• United States District Court • Northern District of California •

• Trial Exhibit No. 100 •

•

•

Case No. ##-cv-####-PCP •

Date Entered: ___________ •

By: ___________________ •

     Deputy Clerk 

•

Exhibit tags should be placed in the bottom right corner of the front page of each exhibit if possible, or otherwise in the bottom left corner of the back of the last page. If possible, tags should be printed on yellow paper or another light color that stands out but still allows for photocopying. • Digital Copies. At least five days prior to the commencement of trial, the parties shall deliver to the Courtroom Deputy two USB drives that each contain one set of exhibits, with each exhibit as a separate file. Files should be named so that the exhibits are listed sequentially when the files are sorted by name. With the USB drives, the parties shall include a tabular index of all exhibits. The table shall include the following columns: (a) exhibit number, (b) brief description, (c) purpose and sponsoring witness, (d) any objections, (e) response to any objections, (f) whether the parties stipulate to the exhibit’s authenticity, (g) whether the parties stipulate to the exhibit’s admissibility. The Court strongly encourages the parties to reach agreement on as many documents as possible.
• Paper Copies. In lieu of filing a paper copy of every trial exhibit, the parties must instead have a paper copy of any exhibit they plan to present at trial on the day they present it. The parties should plan to make such paper copies available for the Court’s use if requested. • Depositions to be Offered at Trial. At least five days prior to the commencement of trial, the parties shall file and serve any excerpts of deposition testimony to be offered at trial, other than solely for impeachment or rebuttal. A copy of the designated deposition testimony with page and line references or the discovery response shall be provided. Any objections to the use of designated excerpts and any counter-designations of deposition testimony shall be filed and served no later than two days prior to the commencement of trial. The parties shall also email pcppo@cand.uscourts.gov and pcpchambers@cand.uscourts.gov an editable spreadsheet identifying the deposition page and line number(s) for each objection. In two additional separate columns in the spreadsheet, the parties should list the corresponding objection and any response.

Judge Pitts · Standing Order for Summary Judgment

TRIAL LOGISTICS • Daily Witness, Exhibit, and Objection List. Two calendar days before calling any witnesses, counsel shall exchange in writing by 5:00 P.M. a list of witnesses to be called and any exhibits to be used during direct examination. By 5:00 P.M. on the day before those witnesses are called, opposing counsel shall provide any objections to the listed exhibits and shall exchange a list of exhibits to be used with the listed witness(es) on cross-examination (other than for impeachment).Counsel shall, by 6:00 P.M. on the day preceding each trial day, notify the Court of: (1) the list of planned witnesses in the order that they will be called, (2) the list of any exhibits to be offered and whether the parties stipulate to their admissibility and authenticity, and (3) a separate list of any objections to witnesses or exhibits that may be called or offered into evidence. Counsel shall provide these lists to the Court by emailing pcpcrd@cand.uscourts.gov, pcppo@cand.uscourts.gov, and pcpchambers@cand.uscourts.gov. Please specify in the email whether and which witnesses will be appearing remotely and include a copy of any exhibit to which there are objections • Announcing Exhibits and Offering Exhibits into Evidence. Counsel must clearly announce the number of any exhibit used during proceedings. Counsel should move exhibits into evidence as soon as foundation is laid. At the end of each trial day, counsel shall consult with each other and the Courtroom Deputy about which exhibits are in evidence and any limitations. Disagreements must be brought to the Court’s attention. At the close of evidence and before closing arguments, counsel must confer with the Courtroom Deputy to make sure the exhibits in evidence are in good order. Counsel must jointly provide a revised index of all exhibits actually in evidence, stating (a) the exhibit number, and (b) a brief neutral description of the contents. This index will be provided to assist the jury. • Daily Transcripts. Requests for a daily transcript or real-time reporting, if desired, must be arranged before the date of the pretrial conference through the Court’s website, https://cand.uscourts.gov/about/clerks-office/transcripts-court-reporters/transcript-forms/. • Transcripts of Party-Offered Audio or Video Exhibits. The parties must provide agreed- upon transcripts of any audio or video exhibits used at trial by the day offered. • Objections During Trial. In making objections during trial, counsel should state only the legal grounds for the objection and should withhold all further comment or argument unless elaboration is requested by the Court. • Technology and Special Equipment. The parties should plan to present evidence using the available courtroom technology. If the parties plan to bring special equipment into the courthouse (e.g., printers, monitors, other large objects or unusual technology), the parties must submit a joint administrative motion seeking permission to bring in said special equipment. The court security officers will not permit entrance of special equipment without a court order.

Judge Pitts' Summary Judgment Standing Order

[Source: https://cand.uscourts.gov/sites/default/files/standing-orders/PCP-SummaryJudgmentStandingOrder_10-26-2025.pdf]

Effective August 2024 Judge P. Casey Pitts · Standing Order on Summary Judgment Courtroom 8, 4th Floor, Robert F. Peckham Courthouse 280 South First Street, San José, CA 95113 Nicole Coleman (she/her), Courtroom Deputy (CRD) (408) 535-5346 · pcpcrd@cand.uscourts.gov Unless otherwise indicated by the Court, this Standing Order applies to all summary judgment motions and responses. This order supplements the Federal Rules, the Civil Local Rules, and the Standing Order for Civil Cases before Judge Pitts. MOTIONS & BRIEFING • One Motion. Each party is limited to one summary judgment motion unless granted leave to file an additional motion. The Court generally grants leave such only as to discrete issues whose early resolution could significantly advance the litigation. • Cross-Motions. The parties must meet and confer to determine if they will file cross- motions for summary judgment. If so, only four briefs will be allowed: o plaintiff(s) opening brief of up to 25 pages; o defense opening/opposition brief of up to 25 pages; o plaintiff opposition/reply brief of up to 20 pages; and o defense reply brief of up to 15 pages. The parties may stipulate to reverse this order and have defense go first. • Page Limits. Judge Pitts’s Standing Order for Civil Cases identifies how parties may request page limit extension. • Evidentiary Objections. Objections to evidence must be contained within the objecting party’s brief. Judge Pitts does not consider objections filed as a separate pleading. SCHEDULE • Hearing. Judge Pitts’ Civil Law & Motion Calendar is held on Thursdays beginning at 10:00AM. Confirm Judge Pitts’s availability before noticing any motion by referencing unavailable dates at cand.uscourts.gov/pcp.
• Briefing. Stipulate in advance to a schedule that allows at least 21 days between the final filing and the hearing. SEPARATE STATEMENTS OF DISPUTED FACTS • Moving Statement. A party moving for summary judgment, partial summary judgment, or summary adjudication must include a separate statement identifying each claim or defense as to which the moving party contends there is no genuine issue to be tried.

Judge Pitts · Standing Order for Summary Judgment

• Filing. Upon filing any motion for summary judgment, the moving party shall provide a Separate Statement of Undisputed Facts to all other parties in a word-processing format. The statement should not be filed on the docket at that time. • Contents. For each claim, defense, or part thereof, the moving party must (a) identify the relevant elements or issues, (b) list the asserted material facts establishing those elements or issues, and (c) cite to record evidence demonstrating that the asserted material facts are undisputed. The initial statement shall be no more than 15 pages and must be organized as identified in Attachment A. • Response. Using the moving party’s initial statement, the party opposing the motion must respond by (a) indicating whether each of the facts listed in the moving separate statement is disputed or undisputed; and (b) identifying any additional material facts the party contends will establish a genuine issue to be tried. If the opposing party contends that a fact is in dispute, the opposing party must cite to evidence in the record establishing the dispute. The response should add no more than five (5) pages to the statement and must be organized as identified in Attachment A. • Reply Statement. The moving party may reply to the response by responding to the responsive statement in the same manner described above. The reply shall not introduce any new asserted material facts, and shall add no more than three (3) pages to the statement. The final statement incorporating both the response and reply must be filed on the docket with the moving party’s reply brief. • Citations to Record. All citations in the final Statement must reference the docket and include the correct page number as shown in the blue ECF header at the top of the document. All citations should follow this format:
o [Exhibit Name and pin cite], Dkt. No. [X], at [ECF page number].
o For example, if the movant cites paragraph four on page two of the “Jones Declaration” submitted as the first exhibit to their motion at Dkt. No. 100, the citation should appear as follows: Jones Decl. ¶ 4, Dkt. No. 100-1, at 2. • Deemed Admitted. Each numbered fact in the moving statement will be deemed to be admitted for the purposes of the motion only unless specifically controverted by the opposing party, so long as the moving party meets its burden under FRCP 56. • Argument. The separate statement shall not include any supporting argument or be used to circumvent applicable page limits. Facts that are not cited in the summary judgment briefs will not be considered. • Attestation. Each separate statement must be signed by counsel or unrepresented party who has reviewed the document and attests as follows: I attest that the evidence cited herein fairly and accurately supports or disputes the facts as asserted.

Judge Pitts · Standing Order for Summary Judgment

Attachment A Template for Initial Statement

Claim or Defense Moving Party’s Undisputed Facts & Supporting Evidence Opposing Party’s Response & Supporting Evidence Claim 3: Breach of Contract Issue 1. Plaintiff did not complete performance Fact 1. Defendant issued an insurance policy to plaintiff.

Jones Decl. ¶¶4-5, Dkt. No. 100-1, at 4; Ex. A (policy), Dkt. No. 100-2.

[Left blank for opposing party’s response] Fact 2. Plaintiff failed to pay premiums required by the policy.

Jones Decl. ¶ 6, Dkt. No. 100- 1, at 4.

Issue 2. Defendant did not breach Fact 3. The policy expressly excludes coverage for loss resulting from theft.

Jones Decl. ¶¶ 9-10, Dkt. No. 100-1, at 5; Ex. A (policy), Dkt. No. 100-2.

Punitive Damages Issue 1. Plaintiff cannot establish that Defendant acted with oppression, fraud, or malice Fact 4. Defendant timely investigated Plaintiff’s insurance claim.

Jones Decl. ¶¶ 18-20, Dkt. No. 100-1, at 8.

Judge Pitts · Standing Order for Summary Judgment

Template for Response

Claim or Defense Moving Party’s Undisputed Facts & Supporting Evidence Opposing Party’s Response & Supporting Evidence Claim 3: Breach of Contract Issue 1. Plaintiff did not complete performance Fact 1. Defendant issued an insurance policy to plaintiff.

Jones Decl. ¶¶4-5, Dkt. No. 100-1, at 4; Ex. A (policy), Dkt. No. 100-2.

Undisputed. Fact 2. Plaintiff failed to pay premiums required by the policy.

Jones Decl. ¶ 6, Dkt. No. 100- 1, at 4. Disputed. Plaintiff timely paid the premiums required by the policy.

Smith Dep. 22:4–23:19, Dkt. No. 104-2, at 2. Opposing Party’s Additional Material Facts on this Issue Additional Fact 1. Defendant has failed to record Plaintiff’s timely premium payments on two prior occasions.

Smith Dep. 72:8–14, Dkt. No. 104-2, at 9. [Left blank for moving party’s reply] Issue 2. Defendant did not breach Fact 3. The policy expressly excludes coverage for loss resulting from theft.

Jones Decl. ¶¶ 9-10, Dkt. No. 100-1, at 5; Ex. A (policy), Dkt. No. 100-2. Disputed. The policy does not exclude coverage for loss resulting from theft.

Jones Decl. Ex. A (policy), Dkt. No. 100-2. Punitive Damages Issue 1. Plaintiff cannot establish that Defendant acted with oppression, fraud, or malice Fact 4. Defendant timely investigated Plaintiff’s insurance claim.

Jones Decl. ¶¶ 18-20, Dkt. No. 100-1, at 8. Disputed. Defendant waited more than 4 months before investigating Plaintiff’s claim.

Smith Dep. 79:15–80:4, Dkt. No. 104-2, at 10.

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