Center for Biological Diversity et al v. Ilano et al
Filing
10
ORDER signed by Vince Chhabria on 10/26/16 ORDERING the parties to refer to the standing orders of Judge Chhabria. It is FURTHER ORDERED that all hearing dates presently scheduled are VACATED and must be RESCHEDULED consistent with this order and the applicable rules. (Butolph, J)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
CENTER FOR BIOLOGICAL
DIVERSITY, et al.,
Plaintiffs,
v.
Case No. 16-cv-02322-VC
ORDER FOR CASES REASSIGNED TO
JUDGE CHHABRIA
ELI ILANO, et al.,
Defendants.
1.
Your case has been assigned to Judge Chhabria, who is sitting by designation. He
is handling a number of cases from the Eastern District of California because of the heavy
caseload in that district. Please carefully review the Civil Local Rules for the Northern District
of California (https://www.cand.uscourts.gov/localrules/civil) and Judge Chhabria's standing
orders (https://cand.uscourts.gov/vcorders). Judge Chhabria's civil standing order is attached to
this order as well. Those rules and standing orders will apply unless otherwise stated. All filings
in this case should use the case number 2:16-cv-02322-VC. The parties should continue to file
documents using the Eastern District of California Electronic Case Filing system. All hearing
dates presently scheduled are vacated, and must be rescheduled consistent with this order and the
applicable rules. Any other deadlines (such as the deadline to respond to the complaint or the
deadline for initial disclosures) remain in place.
2.
Any jury trial will take place in Sacramento. There will be flexibility on how to
proceed with pretrial matters. Judge Chhabria will periodically have court days in Sacramento
for conferences and motion hearings in his Eastern District cases. Consistent with Judge
Chhabria's civil standing order, the parties need not include proposed orders for most substantive
motions. They must submit proposed orders in connection with administrative motions, ex parte
applications, discovery disputes, and any substantive rulings that call upon the court to make
factual findings. Parties should send Word-format versions of proposed orders, concurrent with
the associated filing, to vcpo@cand.uscourts.gov.
3.
For case management conferences, parties may opt to: (i) proceed telephonically
on a Tuesday at 2:30 pm (which is Judge Chhabria's regular time for telephonic case
management conferences); (ii) appear personally in Judge Chhabria's courtroom in San Francisco
on a Tuesday at 1:30 pm (which is his regular time for in-person case management conferences);
or (iii) appear personally in Judge Chhabria's visiting courtroom in Sacramento, at a time to be
scheduled. Judge Chhabria will hold an initial case management conference for each case that
has been reassigned to him. The parties should expect a full schedule to be adopted at the initial
case management conference, including a trial date. Within the next seven days, the parties
should meet and confer and email Kristen Melen, Judge Chhabria's Courtroom Deputy, at
vccrd@cand.uscourts.gov expressing their agreed upon preference for how to proceed with the
initial case management conference based on the three options above. For those who wish to
have an in-person case management conference in Sacramento, a court date will be set shortly.
4.
Counsel shall meet and confer as required by Fed. R. Civ. P. 26(f) prior to the
initial case management conference with respect to those subjects set forth in Fed. R. Civ. P.
16(c). Not less than seven days before the conference, counsel shall file a joint case management
statement addressing each of the items listed in the "Standing Order for All Judges of the
Northern District – Contents of Joint Case Management Statement," which can be found on the
District Court for the Northern District of California website
(https://cand.uscourts.gov/filelibrary/373/All_Judges_Standing_Rev_Nov_2014.pdf). A
proposed order is not necessary. If any party is proceeding without counsel, each party may file
a separate statement. Following the conference, the Court will issue a minute order with the case
schedule. The parties should refer to Judge Chhabria's standing order for civil trials for pretrial
and trial management instructions.
2
5.
Before a substantive motion is filed, the parties must confer about how they
would like the motion to be handled and try to reach an agreement about that. When a party files
a substantive motion, it should indicate which option the parties have selected in their meet-andconfer process. If the parties disagree, the moving party should identify (without providing any
argument) each side's position. The options are: (i) request that the motion be decided on the
papers; (ii) notice the motion for one of Judge Chhabria's regularly-scheduled civil law and
motion calendars in San Francisco according to his available dates, which are listed on his
webpage under the section "Scheduling Notes;" or (iii) request a hearing in Sacramento. If a
hearing in Sacramento is requested, Judge Chhabria will notify the parties of the date and time of
the hearing (with the understanding that the hearing could later be vacated if Judge Chhabria
determines that the motion can be decided on the papers).
IT IS SO ORDERED.
Dated: October 26, 2016
______________________________________
VINCE CHHABRIA
United States District Judge
3
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
STANDING ORDER FOR CIVIL CASES BEFORE JUDGE VINCE CHHABRIA
CONFORMITY WITH RULES
1.
The 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 order.
EMERGENCY APPLICATIONS
2.
Counsel should call and email Judge Chhabria's Courtroom Deputy, Kristen
Melen, to notify her if they submit an application for a temporary restraining order, a stipulation
that requires a response from the Court within 24 hours, or any other emergency request.
3.
When a party files an application for a temporary restraining order, the opposing
party should not file a response unless instructed to do so by the Court. The Court will not grant
such an application without requesting a response from the opposing party.
SCHEDULING
4.
In–person civil case management conferences are conducted Tuesdays at 1:30
p.m. Telephonic case management conferences are conducted from chambers at 2:30 p.m. Civil
law and motion calendar takes place on Thursdays at 10:00 a.m. Pretrial conferences are held on
Mondays at 1:30 p.m. Special settings (such as evidentiary hearings and the like) will typically
occur on Wednesdays at 10:00 a.m.
5.
Counsel need not reserve hearing dates but should check Judge Chhabria's
calendar on the Court's website to make sure the desired date is not blocked. The parties may not
specially set any matter without leave of the Court.
6.
Counsel for the moving party should confer with opposing counsel about a
mutually convenient hearing date before noticing any motion.
7.
No changes to the Court's schedule can be made except by order of the Court.
Any motion to continue a hearing or case management conference must be made no later than 72
hours prior to the scheduled appearance.
8.
Any request for an extension of a filing deadline (other than an extension that the
rules allow the parties to arrange between themselves without a court order) must be filed no
later than 72 hours prior to the deadline.
9.
Once a trial date has been set, the parties should treat it as firm. Absent
extraordinary circumstances, the Court will not continue a trial date.
CASE MANAGEMENT CONFERENCES
10.
The attorney appearing at a case management conference need not be lead counsel
but must have full authority to make decisions about any issue that may come up during the
conference.
11.
If the parties wish to continue a case management conference, they must file a
stipulation or motion—separate from their joint case management statement—at least 72 hours
prior to the conference.
TELEPHONIC APPEARANCES
12.
Attorneys located outside the Northern District of California may arrange to
participate in case management conferences by phone. Attorneys located in the Northern District
may only appear by phone with leave of the Court, which will not be granted absent a showing
of good cause. However, in the event one attorney appears by phone, all attorneys must appear
by phone, and the conference will be conducted from chambers. The Court begins conducting
telephonic case management conferences at 2:30 p.m. on Tuesdays, and the parties must wait on
the line until their case is called. Arrangements to participate by phone must be made at least
seven days in advance with Judge Chhabria's Courtroom Deputy, Kristen Melen.
13.
Any attorney who wishes to argue at a motion hearing may not appear
telephonically. Counsel appearing telephonically may listen to the hearing, but may discuss only
scheduling matters.
14.
Counsel appearing telephonically must use a direct-dial landline.
DISCOVERY
15.
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 five 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 seven days after
the applicable discovery cutoff. See Local Rule 37-3. The side seeking relief from the Court
should prepare its portion of the letter first, and then provide that 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 will either resolve the dispute on the papers, require the parties to appear, or
refer the case to a magistrate judge for discovery purposes. This process does not apply to
discovery disputes with third parties.
16.
Parties requesting a protective order are encouraged to base any proposed order
on the model protective orders on the Court's website
(http://www.cand.uscourts.gov/stipprotectorder). When filing a proposed protective order,
parties are required to indicate whether they have based their proposed order on one of the
Court's model protective orders and, if so, identifying any deviations from the model order.
COURTESY COPIES OF FILINGS
17.
Courtesy copies of all motions, oppositions, and replies (and supporting papers)
must be delivered to the Clerk's Office no later than noon on the court day following the day that
the document was electronically filed. The papers should be three-hole punched. Note: This
rule differs from Civil Local Rule 5-1(e)(7)(A).
PROPOSED ORDERS
18.
Proposed orders are not necessary for most substantive motions, such as motions
for summary judgment, motions to dismiss, or preliminary injunction motions. The parties need
only submit proposed orders in connection with administrative motions, ex parte applications,
discovery disputes, and any substantive rulings that call upon the court to make factual findings
(such as a motion to approve a class settlement or a motion for attorney's fees).
BRIEFS
19.
Unless expressly permitted by the Court, briefs in support of and in opposition to
all substantive motions (except for summary judgment motions, class certification motions, and
motions in patent cases, as discussed below) may not exceed 15 pages, and reply briefs may not
exceed 10 pages. These page limits exclude the title page, indices of cases, table of contents, and
exhibits, but not summaries of argument.
20.
When citing exhibits (including deposition testimony), briefs should identify the
declaration to which the exhibit is attached, the letter or number of the exhibit, and the relevant
page number. (For example: "Smith decl., Ex. 1, at 22.") An additional citation to the ECF
docket number is optional.
21.
Motions to increase page limits will almost never be granted, but any such motion
must be filed no later than 72 hours before the brief is due.
22.
Simultaneous briefing is not permitted for any type of motion.
SUMMARY JUDGMENT
23.
The parties need not file joint or separate statements of undisputed fact in
connection with summary judgment motions.
24.
At the summary judgment hearing and/or in the briefs, the parties should not
hesitate to alert the Court of the need for a prompt ruling in light of their trial preparation
schedule.
25.
Unless expressly permitted by the Court, briefs in support of and in opposition to
summary judgment motions cannot exceed 25 pages, and reply briefs cannot exceed 15 pages.
Motions to increase page limits will almost never be granted, but any such motion must be filed
no later than 72 hours before the brief is due.
26.
In the event of cross-motions for summary judgment, the parties must file a total
of four briefs sequentially, rather than three pairs of simultaneous briefs. Unless the parties
agree to reverse the order (which they are free to do on their own), the opening brief is filed by
the plaintiff side, the opening/opposition brief is filed by the defense side, the opposition/reply is
filed by the plaintiff side, and the reply is filed by the defense side. The first two briefs are
limited to 25 pages, the third brief is limited to 20 pages, and the fourth brief is limited to 15
pages. The parties may submit a stipulation and proposed order setting a briefing schedule for
the cross-motions, which will likely be signed so long as the fourth brief is due no later than 14
days before the hearing date.
CLASS CERTIFICATION
27.
Briefs in support of or opposition to class certification motions cannot exceed 25
pages, and reply briefs cannot exceed 15 pages.
28.
In connection with motions for preliminary approval of class settlements, the
parties should keep the following things in mind:
(i) The Court's scrutiny of the proposed settlement will be as rigorous at the preliminary
approval stage as at the final approval stage. See Cotter v. Lyft, Inc., 2016 WL 3561742,
at *4 (N.D. Cal.). Any motion for preliminary approval should explain why the
settlement survives this level of scrutiny, and any proposed order should recite this
standard.
(ii) If a proposed notice to class members (or prospective class members) requires a
written objection as a prerequisite to appearing in court to object to the settlement, it must
specify that this requirement may be excused upon a showing of good cause.
(iii) The proposed notice should contain a description of the class members' or
prospective class members' release of claims.
(iv) If the proposed notice is not carefully written and in plain English, the Court will not
approve it.
(v) In a proposed settlement involving the distribution of money to a class, the parties
should consider whether unclaimed funds should be redistributed to class members who
claimed their share. If a provision of this type is absent, the parties should be prepared to
explain why.
(vi) The parties should consider whether theirs is the type of settlement that requires class
members to file claims, as opposed to simply receiving checks. The motion for
preliminary approval should address that issue.
PATENT CASES
29.
Parties must follow the Local Patent Rules of the Northern District of California
except when those rules conflict with this standing order.
30.
Absent a compelling reason, the Court will only conduct claim construction in
conjunction with a dispositive motion. Parties should still follow Rules 4-1 through 4-4 of the
Patent Local Rules. Rules 4-5 and 4-6, on the other hand, will give way to the details provided
in the paragraphs below.
31.
The opening summary judgment (and claim construction) brief, as well as the
opposition brief, cannot exceed 40 pages. The reply brief cannot exceed 20 pages.
32.
In the event of cross-motions for summary judgment, the parties must file a total
of four briefs sequentially, rather than three pairs of simultaneous briefs. Unless the parties
agree to reverse the order, the opening brief is filed by the party asserting infringement, the
opening/opposition brief is filed by the defense, the opposition/reply is filed by the plaintiff, and
the reply is filed by the defense. The first brief is limited to 40 pages, the second brief is limited
to 50 pages, the third brief is limited to 30 pages, and the fourth brief is limited to 20 pages.
33.
If the parties believe it would be helpful for the Court, they should schedule a
claim construction tutorial to occur one week prior to the claim construction/summary judgment
hearing. The parties should contact Judge Chhabria's Courtroom Deputy, Kristen Melen, to
schedule the tutorial.
SOCIAL SECURITY CASES
34.
Judge Chhabria's default rule is to have hearings in Social Security cases. The
Court will schedule a hearing for its civil law and motion calendar approximately 60 days after
an opposition brief is filed. Counsel are free to meet and confer on a mutually acceptable
hearing date, and contact Kristen Melen, Judge Chhabria's Courtroom Deputy, to schedule a
hearing on that date. If, after reviewing the papers and the record, the Court decides a hearing is
not necessary, it will typically notify the parties within 2-3 days of the hearing.
HABEAS CASES
35.
Judge Chhabria's default rule is to have hearings in habeas cases where the
petitioner is represented by counsel. The Court will schedule a hearing for its civil law and
motion calendar approximately 60 days after an answer is filed. Counsel are free to meet and
confer on a mutually acceptable hearing date, and contact Kristen Melen, Judge Chhabria's
Courtroom Deputy, to schedule a hearing on that date. If, after reviewing the papers and the
record, the Court decides a hearing is not necessary, it will typically notify the parties within 2-3
days of the hearing.
HEARINGS AND TENTATIVE RULINGS
36.
The Court will not ordinarily issue tentative rulings, but it typically announces its
tentative thinking at the outset of the hearing.
37.
If a motion will be argued by an attorney who has five years or less of experience,
counsel may notify the Courtroom Deputy of that fact within seven days of the hearing. The
Court will take this into account in deciding whether to vacate the hearing and submit the motion
on the papers, putting a thumb on the scale in favor of a hearing if arguing counsel has five years
or less of experience.
IT IS SO ORDERED.
Dated: August 22, 2016
______________________________________
Vince Chhabria
United States District Judge
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