Judge Kandis A. Westmore — NDCA Standing Orders & Procedures

Standing Orders — Inline Excerpts

Chambers copies are required for all formal motions, joint discovery letters, and motions to seal. The Court may request chambers copies of other filings as needed.

(a) Chambers copies must be received within 3 days of filing or the Court’s request.

(b) All chambers copies of e-filed documents must include the running header created by the ECF System on each page, and be marked “Chambers Copy” and submitted to the Oakland Clerk’s Office in an envelope clearly marked “Magistrate Judge Kandis Westmore” with the case number on the envelope.

(d) E-filed documents must be cited in all other documents as follows: Dkt. No.__ at ___.

(e) For motions to seal, the parties need only provide a courtesy copy of the unredacted version of the document sought to be filed under seal. The unredacted version must indicate, by highlighting or other clear method, the portions of the document that have been omitted from the redacted version, and prominently display the notation “UNREDACTED VERSION OF DOCUMENT(S) SOUGHT TO BE SEALED.” The unredacted copy must be presented in the same form as if no sealing order was being sought. In other words, if a party is seeking to file under seal one or more exhibits to a declaration, or portions thereof, the chambers copy should include the declaration with both exhibits that require no redaction and the exhibits that require redaction.

Any party filing a dispositive motion shall email a copy of the motion in Word format (.doc or .docx) to kawpo@cand.uscourts.gov. This is in addition to the lodged, chambers copy.

Proposed orders filed by an e-filing party shall be submitted in Word format (.doc or .docx) via email to kawpo@cand.uscourts.gov on the same day the document is e-filed. This requirement also applies to stipulations that require court approval, which must include a proposed order on the face of the stipulation. This email address should only be used for this stated purpose unless otherwise directed by the Court.

Delivery Address

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

Judge Westmore's Criminal Standing Order

[Source: https://cand.uscourts.gov/sites/default/files/standing-orders/KAW-CriminalStandingOrder-2-26-2026.pdf]

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA, OAKLAND DIVISION

STANDING ORDER FOR CRIMINAL CASES FOR MAGISTRATE JUDGE KANDIS A. WESTMORE (February 5, 2026)

Conformity to Rules: Counsel shall comply with the procedures in the Federal Rules of Criminal Procedure, the Northern District of California’s Local Rules and General Orders, and this standing order, all of which are available at http://www.cand.uscourts.gov.
2. Scheduling: Criminal motions are heard on the first and third Thursdays of the month at 1:30 p.m., or during the regular criminal calendar when Judge Westmore is on criminal duty. Counsel must contact Judge Westmore’s Courtroom Deputy for a court date prior to setting any proceeding. (a) Add-ons: The Court has an 8:30 a.m. cut-off time for morning of add-ons to the criminal calendar. After 8:30 a.m., add-ons will only be permitted under limited circumstances. 3. Communication with the Court: Counsel shall contact Judge Westmore’s Courtroom Deputy at kawcrd@cand.uscourts.gov regarding scheduling or other appropriate matters. 4. Proposed Orders: Proposed orders shall be sent to Judge Westmore’s Courtroom Deputy at kawcrd@cand.uscourts.gov. Counsel shall not send proposed orders in criminal matters to the proposed orders e-mail address, which is reserved for civil matters. 5. Motions: When filing a brief in connection to any motion, counsel must notify the Court by e-mailing the brief to Judge Westmore’s Courtroom Deputy at kawcrd@cand.uscourts.gov that same day. (a) Motions for Detention: Motions for detention must be filed no later than 3:00 p.m. the court day before the hearing. (b) Chambers’ Copies: When the Court sets a briefing schedule on a motion, counsel shall lodge hard copies of the briefs.
i. Chambers copies must be received within 3 days of filing or the Court’s request. ii. All chambers’ copies of e-filed documents shall bear the ECF filing “stamp” (case number, docket number, date, and ECF page number) along the top of the page.

iii. Chambers’ copies shall be marked “Chambers Copy” and submitted to the Oakland Clerk’s Office in an envelope clearly marked “Magistrate Judge Kandis A. Westmore” with the case number on the envelope.
iv. All exhibits must be clearly marked and individually tabbed.
v. E-filed documents must be cited in all other documents as follows: Dkt. No.__ at ___.
vi. For filings that are no more than 100 pages, chambers copies must be stapled or attached with brads; binder clips, paperclips, or similar fastenings are not adequate. If the filing is more than 100 pages, the chambers copies must be three-hole punched along the left side of the page and placed in a 3-ring binder. 7. Pronouns: Parties and attorneys may advise the Court of their pronouns by filing a letter or by adding their pronouns in the name block on the first page of the pleadings. IT IS SO ORDERED.

Dated: February 5, 2026

KANDIS A. WESTMORE United States Magistrate Judge

Judge Westmore's Procedures for Remote Appearances

[Source: https://cand.uscourts.gov/sites/default/files/standing-orders/KAW.Standing.Order_.Remote_Appearances.rev01112024-final.pdf]

NOTICE RE: REMOTE APPEARANCE PROCEDURES FOR
MAGISTRATE JUDGE KANDIS A. WESTMORE (Revised January 11, 2024) POLICY GOVERNING REMOTE APPEARANCES

Case Management Conferences will be held remotely unless otherwise ordered, so the parties need not request a remote appearance for those proceedings if they will be appearing by video.

For all other in-person proceedings, a party representative (or a party if pro se) must appear in person. In the Court’s discretion, however, permission to attend by videoconference may be granted upon a finding that good cause exists to excuse personal attendance, and personal attendance is not necessary to have an effective hearing.

Written request must be filed on the case docket at least two weeks in advance of the hearing. The facts establishing good cause must be set forth in the request, and the party must simultaneously file a proposed order granting the request. (See Attachment A for a sample proposed order.)

Use of Zoom: All video appearances must be made through Zoom. The parties must have their video cameras turned on while their case is called. The Court does not provide technological support for the platform. a. Audio-only Appearances: In the event that a party does not have reliable computer or internet access, they may file a written request to appear by audio-only. (See, supra, Section I.C.)

Caution
a. At your risk: Individuals making use of the videoconference service do so at their own risk. Hearings will not generally be rescheduled due to missed connections or interruptions in service. b. Failure to respond: If an individual schedules a video appearance and then fails to respond to the call of a matter on calendar, the Court may pass the matter or may treat the failure to respond as a failure to appear. Scheduling simultaneous remote appearances in multiple courts does not excuse a failure to appear. c. Note: Remote appearances by multiple participants are only possible when there is compliance with these procedural requirements. Sanctions may be imposed when there is any deviation from the required procedures or the Court determines that a person's conduct makes remote appearances inappropriate. Sanctions may include dropping a matter from calendar, continuing the hearing, proceeding in the absence of an unavailable participant, a monetary sanction, and/or a permanent prohibition against a person appearing remotely.

United States District Court Northern District of California ATTACHMENT A

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

            , 
                     Plaintiff,

Defendant. Case No.

[PROPOSED] ORDER GRANTING REMOTE APPEARANCE

[Plaintiff/Defendant]’s motion to appear remotely [Alternatively: by audio-only] at the [Type of proceeding] on [Date] at [Time] is GRANTED.

Counsel shall comply with the Court’s Standing Order on Procedures for Remote Appearances, available online at http://cand.uscourts.gov/kaworders. IT IS SO ORDERED. Dated:

KANDIS A. WESTMORE United States Magistrate Judge

Judge Westmore's Settlement Conference Standing Order

[Source: https://cand.uscourts.gov/sites/default/files/standing-orders/KAW-settlement-conference-standing-order-rev03262026.pdf]

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA, OAKLAND DIVISION

SETTLEMENT CONFERENCE STANDING ORDER FOR MAGISTRATE JUDGE KANDIS A. WESTMORE

(Revised March 26, 2026)

Discovery: Counsel shall ensure that whatever discovery is needed for all sides to evaluate the case for settlement purposes is completed by the date of the settlement conference.
Counsel shall cooperate in providing discovery informally and expeditiously.
Plaintiff must make formal demand: If there have been no prior settlement discussions or demands, the plaintiff must serve a demand on the defendant in writing no later than 28 days before the conference, outlining its theories for recovery, the supporting facts, and damages. The plaintiff must include its demand in its exchanged settlement conference statement. The defendant must respond in writing prior to the meet and confer discussion, and include its response to the demand in its exchanged settlement conference statement.
Meet and Confer requirement: No later than 21 days before the settlement conference and prior to the preparation of their exchanged Settlement Conference Statements and their Confidential Settlement Letters, counsel for the parties must meet and confer (in person or by phone) to discuss, at a minimum, the following matters: a. Who will attend the conference on behalf of each party, including counsel and the person(s) with full authority to make the final decision as to whether any settlement offer is made, accepted, or rejected. b. Which persons or entities must approve a proposed settlement agreement before it can be executed, as well as the nature and duration of any such approval process. c. Whether insurance is available to cover all or part of the claimed losses or to fund all or part of any party's defense; whether tenders have been made to any insurance companies; and if insurance is available, the name of and position held by each claims representative who will be attending the settlement conference. d. Whether there are particular documents or other tangible things that should be brought to the conference (e.g., to educate the settlement judge or to support or explain significant contentions). e. Any unusual issues or factors that could come into play in the settlement negotiations, or any especially sensitive matters that other counsel should be alerted to before the conference.
Who must attend: Lead trial counsel shall appear at the settlement conference with the parties. Any party who is not a natural person shall be represented by the person(s) with full authority to negotiate a settlement. An insured party shall appear with a representative of the carrier with full authority to negotiate up to the limits of coverage. A person who needs to

call another person not present before agreeing to any settlement does not have full authority.
If a party is a governmental entity, its governing body shall designate one of its members or a senior executive to appear at the settlement conference with authority to participate in the settlement conference and, if a tentative settlement agreement is reached, to recommend the agreement to the governmental entity for its approval. Personal attendance of a party is mandatory and will rarely be excused by the Court, and then only upon a written request that is timely under the circumstances and that demonstrates extraordinary hardship. Personal attendance may be excused only upon written authorization from the Court.
5. Settlement Conference Statements and Confidential Letters: Each party shall prepare a Settlement Conference Statement and may prepare an optional, Confidential Settlement Letter, which must be LODGED via mail or hand delivery with the undersigned’s chambers (NOT electronically filed), and must be received no later than 14 calendar days prior to the conference. Each party shall also email their Settlement Conference Statement and Confidential Settlement Letter, if applicable, in .pdf format to KAWsettlement@cand.uscourts.gov. The Settlement Conference Statement and Confidential Settlement Letter shall be in separate .pdf files, and each file shall include its respective exhibits, if any, which must be bookmarked. 6. The Settlement Conference Statement shall be served on opposing counsel. It may not exceed 10 pages of text and 20 pages of exhibits, which must be tabbed. All references to exhibits should cite to specific page numbers. Failure to timely lodge a settlement conference statement may result in your settlement conference being vacated.
The Settlement Conference Statement shall include the following: a. Substance of the Suit. Describe briefly the substance of the suit, including the following: i. A brief statement of the facts of the case. ii. The claims and defenses, including the statutory or other grounds upon which the claims are founded. iii. A summary of the proceedings to date, including a list of the motions previously made, the dispositions, and any pending motions. iv. A statement of facts not reasonably in dispute. v. A list of the key facts in dispute and the specific evidence relevant to a determination of those facts. vi. Any discrete issue that, if resolved, would facilitate the resolution of the case. vii. A brief statement of issues of law with respect to liability and damages. The statement must include citations to statutes and cases, but extended legal argument is not necessary.

b. Relief Sought. A statement of the relief sought, including an itemization of damages and any non-monetary relief sought. c. Settlement Discussions/Demand and Response. Except to the extent prohibited by applicable rules of privilege, describe the history and current status of any settlement negotiations, including the parties’ positions on settlement (including present demands and offers), a summary of past settlement discussions, and a current reasonable proposal of settlement. There must be a current demand and response made before the settlement conference, and those must be included in the settlement conference statements. d. Identify those who will be in attendance. Include a list of those attending the settlement conference on behalf of your client. Indicate whether they are counsel, client or client representative, insurance carrier, etc., as well as their respective pronouns. Review ¶ 4, supra, for the complete list of individuals required to be in attendance. 7. Additional Settlement Information: The parties must submit the additional information listed below either in the exchanged statement or in a separate, optional Confidential Letter that is not served on the other parties, and which may not exceed 5 pages of text and 15 pages of exhibits. a. Settlement Analysis:
i. Separately for each principal claim and defense, a forthright evaluation of the strengths and weaknesses and likelihood that the party submitting the Confidential Letter will prevail. Citations to any key legal authorities relied upon by the parties as part of this evaluation shall be provided. ii. Why do the parties’ assessments of the settlement value of the case differ? b. Litigation Costs: A statement of litigation costs and attorney’s fees to date and estimated costs, fees and time projected for further discovery, pretrial proceedings, and trial.
i. If plaintiff seeks attorneys’ fees and costs, plaintiff’s counsel shall provide sufficient information to enable the fee claim to be evaluated for purposes of settlement, and shall provide the basis, statutory or otherwise, for such an award. c. Additional Information. Include any information about other needs, interests or considerations that might be pertinent to settlement. That information may include the following: i. What needs of your client must be met for the parties to reach a settlement? ii. What needs of the opposing party must be met to reach a settlement? iii. A description of the principal obstacles (factual, legal, or other) to reaching agreement, and what might be done to solve them.

iv. Do you have enough information to discuss settlement, and, if not, what additional information is needed? v. What are the consequences to each side if no settlement is reached? d. A realistic settlement figure or terms (including any non-monetary terms) that, given all the circumstances, the party submitting the Confidential Letter would consider seriously. e. Where the party is insured or is a governmental entity, any foreseeable barriers to insurance coverage or approval of a proposed settlement, or special concerns that the insurer or governmental entity might want addressed. f. A brief discussion of any of the subjects identified in Section 6 of this Order that might be significant in the settlement dynamic. 8. Exhibits to Statements: The parties are encouraged to provide the Court with deposition testimony, video footage, and other evidence referred to in the statements that are subject to dispute or believed to be dispositive. In the interest of judicial economy, the parties shall provide citations to the deposition testimony in their statements, and attach only the relevant pages of the transcript. Video must be available for streaming on the cloud without registration or download, and the submitting party shall provide time stamps for the portions they wish the Court to view, along with a short explanation of what the video (or video clip) shows. 9. Length of the Conference: Settlement conferences routinely last 3 or more hours, and the parties and their representatives should be prepared to work until 4:00 p.m. if necessary.
10. Further Settlement Conferences a. Updated Statements: Unless explicitly relieved of this requirement, the parties shall lodge updated settlement conferences statements 14 days prior to the further settlement conference to inform the Court of the status of the action and any developments that have occurred since the last settlement conference, including updated settlement positions.
The updated statement shall not repeat information previously provided in the original submissions. b. Confidential Letters: The parties may also lodge a confidential settlement letter with chambers, in accordance with Section 7.
c. Email: In addition to lodging hardcopies, the parties shall email their updated statements and confidential letters, if applicable, in .pdf format to KAWsettlement@cand.uscourts.gov. 11. If the case settles prior to the settlement conference, the parties shall immediately file a notice of settlement, and notify chambers by e-mailing both KAWcrd@cand.uscourts.gov and KAWsettlement@cand.uscourts.gov that the case has settled.

Confidentiality: Parties are encouraged to frankly discuss their case, and any statements made during the conference will not be admissible at trial in the event the case does not settle. The parties and their representatives should be prepared to discuss such issues as their settlement objectives; any impediments to settlement they perceive; whether they have enough information to discuss settlement and if not, what additional information is needed; and the possibility of a creative resolution of the dispute.

Judge Westmore's Civil Standing Order

[Source: https://cand.uscourts.gov/sites/default/files/standing-orders/KAW-CivilStandingOrder-12-19-2025_0.pdf]

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA, OAKLAND DIVISION

STANDING ORDER FOR CIVIL CASES BEFORE MAGISTRATE JUDGE KANDIS A. WESTMORE (Revised December 19, 2025)

Parties shall comply with the procedures in the Federal Rules of Civil Procedure, the Northern District of California’s Local Rules and General Orders, and this standing order, all of which are available at https://cand.uscourts.gov/. The parties’ failure to comply with any of the rules or orders may be grounds for monetary sanctions, dismissal, entry of judgment, or other appropriate sanctions. CALENDAR DATES AND SCHEDULING 1. Civil motions are also heard on the first and third Thursdays of the month at 1:30 p.m. Civil case management and status conferences are heard on Tuesdays at 1:30 p.m. Civil pretrial conferences are heard on Wednesdays at 2:00 p.m. 2. Parties should notice motions (other than discovery motions) pursuant to Civil Local Rule 7-2. Parties need not reserve a hearing date but should confirm the Court’s availability at https://cand.uscourts.gov/judges/kaw/westmore-kandis-a by consulting Judge Westmore’s scheduling notes. The Court may reset hearing dates as the Court’s calendar requires. For scheduling questions, please contact Judge Westmore’s courtroom deputy at (510) 637-3525 or via e-mail at kawcrd@cand.uscourts.gov.
ALL REQUESTS MUST BE IN WRITING 3. The Court does not grant relief over the telephone or via e-mail. All requests for relief must be filed in accordance with the local rules. Do not contact the courtroom deputy or chambers to seek relief or legal advice, including information pertaining to the local rules. CONSENT CASES 4. In civil cases randomly assigned to Judge Westmore for all purposes, the parties should file their written consent to the assignment of a United States Magistrate Judge for all purposes or their written declination of consent as soon as possible, and in no event later than the deadlines specified in Civil L.R. 73-1(a). ECF FILINGS 5. All ECF filings shall comply with the following requirements. (a) All citations to legal authority or exhibits must include pincites.

(b) All exhibits to motions and/or discovery disputes must be legible and word- searchable. (c) Parties shall not include entire deposition transcripts as exhibits to their filings unless necessary. Parties shall instead provide only the relevant excerpts and a copy of the reporter’s certification. (d) For motions to file under seal, the parties are reminded that court proceedings are presumptively public, and no document shall be filed under seal without request for a court order that is narrowly tailored to cover only the document, the particular portion of the document, or category of documents that is sealable under the governing legal standard. If a party wishes to file a document under seal, that party shall first file an administrative motion to seal in accordance with L.R. 79-5. (e) If a party files a motion for leave to amend a pleading, it must file as an attachment a redline comparison of the proposed amended pleading against the last pleading. (f) For motions for preliminary approval of a class action settlement, the parties should consult the Northern District’s Procedural Guidance for Class Action Settlements and must file Post-Distribution Accounting Reports in accordance with the Guidance. See https://cand.uscourts.gov/rules-forms-fees/northern- district-guidelines/procedural-guidance-class-action-settlements. CHAMBERS COPIES AND PROPOSED ORDERS 6. Chambers hard copies are required for all formal motions, joint discovery letters, and motions to seal. The Court may request chambers copies of other filings as needed.
(a) Chambers copies must be received within 3 days of filing or the Court’s request. (b) All chambers copies of e-filed documents shall bear the ECF filing “stamp” (case number, docket number, date, and ECF page number) along the top of each page.
(c) Chambers copies shall be marked “Chambers Copy” and submitted to the Oakland Clerk’s Office in an envelope clearly marked “Magistrate Judge Kandis Westmore” with the case number on the envelope.
(d) All exhibits must be clearly marked and individually tabbed.
(e) E-filed documents must be cited in all other documents as follows: Dkt. No.__ at ___.

(f) For filings that are no more than 100 pages, chambers copies must be stapled or attached by brads; binder clips, paperclips, rubber bands, or similar fastenings are not adequate. If the filing is more than 100 pages, the chambers copies must be three-hole punched along the left side of the page. (g) For motions to seal, the parties need only provide a courtesy copy of the unredacted version of the document sought to be filed under seal. The unredacted version must indicate, by highlighting or other clear method, the portions of the document that have been omitted from the redacted version, and prominently display the notation “UNREDACTED VERSION OF DOCUMENT(S) SOUGHT TO BE SEALED.” The unredacted copy must be presented in the same form as if no sealing order was being sought. In other words, if a party is seeking to file under seal one or more exhibits to a declaration, or portions thereof, the chambers copy should include the declaration with both exhibits that require no redaction and the exhibits that require redaction. (h) For any briefings that rely on more than ten exhibits or 100 pages of exhibits, the party shall e-mail an electronic copy to kawpo@cand.uscourts.gov. The supporting document (e.g., a declaration or request for judicial notice) and exhibits thereto shall be in a single PDF, which shall be legible and word- searchable and have each exhibit bookmarked so that a user can easily navigate through each exhibit. Each PDF should only include one supporting document and its attached exhibits. 7. Proposed orders filed by an e-filing party shall be submitted in Word format (.doc or .docx) via e-mail to kawpo@cand.uscourts.gov on the same day the document is e-filed. This requirement also applies to stipulations that require court approval, which must include a proposed order on the face of the stipulation. This e-mail address should only be used for this stated purpose unless otherwise directed by the Court.
(a) Any party filing a dispositive motion shall also e-mail a copy of the motion in Word format (.doc or .docx) to kawpo@cand.uscourts.gov. This is in addition to the lodged, chambers copy. CIVIL CASE MANAGEMENT 8. No later than seven (7) days prior to the any scheduled case management or status conference, the parties shall file a Joint Case Management Statement in full compliance with the Northern District of California’s General Standing Order for civil cases entitled

“Contents of Joint Case Management Statement.” The parties shall appropriately caption their filing to read: “Initial Joint Case Management Statement” or “Further Joint Case Management Statement” as appropriate. The parties are required to file a complete case management statement for every case management conference, and they are not permitted to file abbreviated statements.
(a) At the end of the case management statement, the parties shall include a section as to whether the parties consent to magistrate judge jurisdiction if consents were not previously filed. 9. Parties may not stipulate to continue a case management, status, or pretrial conference without Court approval. Each party shall be represented at the Case Management Conference by lead trial counsel (or a party if pro se), who shall be (1) prepared to address all of the matters referred to in the Northern District of California’s General Standing Order on Joint Case Management Statements; and (2) have full authority to enter stipulations and make admissions pursuant to that order.
(a) All Case Management Conferences will be held via videoconference unless otherwise ordered. Connection information is available on the Court’s website: https://cand.uscourts.gov/judges/kaw/westmore-kandis-a
10. All motion hearings, case management, status and pretrial conferences are recorded. They are not reported by a court reporter unless counsel requests a court reporter in advance. CIVIL DISCOVERY 11. Parties shall serve disclosures and propound discovery in accordance with Federal Rules of Civil Procedure 26 through 37 and the corresponding Civil Local Rules for the Northern District of California. A copy of the Local Rules is available at the Clerk’s Office and at the Court’s website (https://cand.uscourts.gov/). No exceptions to the limitations established in the Federal and Local Rules shall be permitted except pursuant to stipulation of the parties or order of the Court. 12. Protective Orders: If parties believe a protective order is necessary, they shall, where practicable, use one of the model stipulated protective orders (available at https://cand.uscourts.gov/rules-forms-fees/northern-district-guidelines/model-protective- orders). Parties shall file one of the following with their proposed protective order: (a) a declaration stating that the proposed order is identical to one of the model orders except for the addition of case-identifying information or the elimination of language denoted as optional; (b) a declaration explaining each modification to the model order, along with a redline version

comparing the proposed protective order with the model order; or (c) a declaration explaining why use of one of the model orders is not practicable. 13. Meet and confer requirement for discovery disputes. As an initial matter, the parties must comply with Section 9 of the Northern District’s Guidelines for Professional Conduct regarding discovery (available at https://cand.uscourts.gov/attorneys/admission-bar- membership).
(a) Prior to filing any discovery-related motion, lead trial counsel for all parties shall meet and confer in person or by video conference, if an in-person conference is not feasible, regarding the discovery dispute(s) to resolve these matter(s). (Meet and confers may only occur by telephone if it is impossible to meet in person or by video.) After attempting other means to confer on the issue(s) (i.e., letter, phone call, e-mail), any party may demand such a meeting on ten (10) business days’ notice. If meeting in person, the location of the meeting will alternate with the first location selected by counsel for Plaintiff, the second by counsel for Defendant, etc.
(b) A meaningful meet and confer may take multiple sessions. Once it is clear that the parties are unable to resolve all disputes through this procedure, the party seeking Court intervention may file an appropriate motion or joint letter (see ¶ 14 below). If the Court finds that the meet and confer is not adequate, the joint letter will be terminated. 14. Discovery disputes between the parties must be addressed in a joint letter.
(a) After meeting and conferring as set forth in ¶ 13 above, the parties shall draft and file a jointly signed letter within five (5) business days of the lead trial counsels’ meet and confer session that contains the following: i. A cover page with the case caption and an attestation that the parties met and conferred in person or by video conference (or, if telephonically, with an additional explanation for why it was not feasible to meet in person or by video) prior to filing the letter, have complied with Section 9 of the Northern District’s Guidelines for Professional Conduct regarding discovery prior to filing the joint letter, as well as the signature of both parties or counsel; ii. A section which sets forth the unresolved dispute and any pertinent factual background; and

iii. With respect to each issue relating to the unresolved dispute, a detailed summary of each party's final substantive position and their final proposed compromise on each issue, including relevant legal authority. (b) Separate Letters. The parties shall file a separate joint letter for each discovery device in dispute (i.e., if the parties have disputes regarding specific interrogatories and requests for production, they must file two letters).
i. The joint letter shall not exceed five (5) pages, excluding the cover page, without leave of Court, and may not be accompanied by exhibits or affidavits other than exact copies of interrogatories, requests for production of documents and/or responses, privilege logs, and relevant deposition testimony.
ii. The parties may only attach 12 pages of exhibit(s), which must be clearly marked and tabbed.
iii. The parties shall not file multiple letters regarding the same discovery device to contravene the page limits set forth above. The parties are expected to meet and confer in good faith to narrow the scope of their disputes to ensure that they are not wasting the Court’s limited judicial resources. (c) Filing. The joint letter must be e-filed under the Civil Events category of “Motions and Related Filings>Motions--General>Discovery Letter Brief.”
Do not file under the “Letter” event, because the filing will not be designated as an open motion that requires court resolution. If the joint letter is incorrectly filed, the parties risk the dispute going unresolved. (d) Format. To ensure that the parties are addressing the same dispute, and are doing so in a manner that facilitates the Court’s resolution, each disputed discovery request or issue must be presented in the following format:

A. Request for Production No. 7

[Summarize the issue and reproduce the request.]

Defendant’s Position

[Defendant’s position outlining why Plaintiff’s response is deficient and the relief requested.] Plaintiff’s Position

[Plaintiff’s rationale as to why he fully responded to the request, etc.] B. Request for Production No. 12

[Summarize the issue and reproduce the request.]

Defendant’s Position

[Defendant’s position outlining why Plaintiff’s response is deficient and the relief requested.] Plaintiff’s Position

[Plaintiff’s rationale as to why he fully responded to the request, etc.]

(e) Upon receipt of the joint letter, the Court will determine what future proceedings, if any, are necessary. Alternatively, the Court may order the parties to further meet and confer if the nature of the dispute is such that it should be resolved without court intervention.
(f) The parties shall lodge a chambers copy of all discovery disputes as required by ¶ 5. The Court will not review the dispute until a courtesy copy is provided. 15. In responding to requests for documents and materials under Fed. R. Civ. P. 34, all parties shall affirmatively state, in a written response served on all other parties, the full extent to which they will produce materials and shall, promptly after the production, confirm in writing that they have produced all such materials so described that are locatable after a diligent search of all locations at which such materials might plausibly exist. It shall not be sufficient to object and/or to state that “responsive” materials will be or have been produced. 16. To the maximum extent feasible, all files and records should be retained and produced in their original form and sequence, including file folders, and the originals should remain available for inspection by any counsel on reasonable notice. 17. In the rare event that the parties are unable to meet and confer as directed above, or a moving party is unable to obtain the opposing party’s portion of a joint letter after the meet and confer session, the moving party shall file a written request for a telephonic conference on the docket for the purpose of enforcing the Court’s meet and confer requirement, or for the Court to fashion an alternative procedure. The written request shall include a declaration which states any attempt to meet and confer and/or obtain the joint letter, the reasons for the inability to comply with the standing order, and (if possible) three dates and times at which all parties are available for a telephonic conference. The moving party may attach exhibits to the declaration, but the declaration and exhibits combined may not exceed seven pages. Any opposition shall be

filed within four days of the filing of the motion. The Court will not excuse a party from the requisite in-person or videoconference meeting unless good cause is shown. 18. In emergencies during discovery events (such as depositions), any party may, after exhausting good faith attempts to resolve disputed issues, seek judicial intervention pursuant to Civil L.R. 37-1(b) by contacting the Court through the courtroom deputy. If the Court is unavailable, the discovery event shall proceed with objections noted for the record. 19. No motion for sanctions may be filed until after the moving party has complied with the requirements of paragraphs 13-17 above. Motions for sanctions shall be filed separately, pursuant to Federal Rule 37 and Civil Local Rules 7 and 37-3. Privilege Logs 20. If a party withholds information that is responsive to a discovery request by claiming that it is privileged or otherwise protected from discovery, that party shall promptly prepare and provide a privilege log that is sufficiently detailed and informative for the opposing party to assess whether a document’s designation as privileged is justified. See Fed. R. Civ. P. 26(b)(5). The privilege log shall set forth the privilege relied upon and specify separately for each document or for each category of similarly situated documents: (a) The title and description of the document, including number of pages or Bates-number range; (b) The subject matter addressed in the document;
(c) The identity and position of its author(s); (d) The identity and position of all addressees and recipients; (e) The date the document was prepared and, if different, the date(s) on which it was sent to or shared with persons other than its author(s);
(f) The steps taken to ensure the confidentiality of the communication, including affirmation that no unauthorized persons have received the communication; and (g) The specific basis for the claim that the document is privileged or protected. Failure to furnish this information promptly may be deemed a waiver of the privilege or protection. COMMUNICATIONS WITH THE COURT 21. Pursuant to Civil Local Rule 11-4(c), with the exception of communication with the courtroom deputy regarding scheduling, no party may contact the Court ex parte without prior notice to the opposing party. All communications or questions to the Court shall be presented in writing, properly filed, and include a certification that all parties were served a copy

of the written communication. Under no circumstances shall the parties contact chambers or the courtroom deputy to inquire about the status of when an order will be issued. MOTION PRACTICE 22. The failure of the opposing party to file a memorandum of points and authorities in opposition to any motion shall constitute consent to the granting of the motion.
23. The Court sometimes rules on the papers, issuing a written order and vacating the hearing. If a written request for oral argument is filed at least seven days before the hearing, stating that a lawyer of four or fewer years out of law school will conduct the oral argument (or at least the lion’s share), then the Court will strongly consider hearing oral argument, believing that young lawyers need more opportunities for appearances than they usually receive. OTHER MATTERS 24. Pronouns. Parties and attorneys may advise the Court of their pronouns by filing a letter or by adding their pronouns in the name block on the first page of the pleadings.

IT IS SO ORDERED.

Dated: December 19, 2025

KANDIS A. WESTMORE United States Magistrate Judge

Judge Westmore's Trial Exhibit Tag Sample

[Source: https://cand.uscourts.gov/sites/default/files/standing-orders/Trial-Exhibit-Tag-sample.pdf]

U.S. Magistrate Judge Kandis A. Westmore Sample of Trial Exhibit Tags UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA Case No.

Trial Exhibit

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