United States District Court, N.D. California
SUPPLEMENTAL ORDER TO ORDER SETTING INITIAL CASE
MANAGEMENT CONFERENCE IN CIVIL CASES BEFORE JUDGE WILLIAM
ALSUP
WILLIAM ALSUP UNITED STATES DISTRICT JUDGE
Introduction
The
purpose of this supplemental order is to guide the parties on
recurring practical questions that arise prior to trial and
to impose certain requirements for the conduct of the case.
Counsel must please read this order and follow it.
Service
of this Order
1. For
cases originating in this Court, plaintiff(s) must serve this
order and the order setting the initial case management
conference (along with any other required pleadings) on each
defendant. For cases removed from state court, the removing
defendant(s) must serve this order and the order setting the
initial case management conference (along with any other
required pleadings) immediately on each and every party that
has previously appeared or that appears within thirty days
after removal. Thereafter, any existing party to the action
that brings a new party into the action must immediately
serve a copy of this order and the order setting the initial
case management conference (along with any other required
pleadings) on the new party.
Case
Management Conference
2.The
parties will please address the standardized items in the
court-wide format for the joint case management statement.
This is available at the Standing Order For all Judges of the
Northern District of California - Contents of Joint Case
Management Statements. Please file (electronically or
manually depending on your case) at least seven
calendar days prior to the case management
conference. Each party shall be represented at the case
management conference by counsel prepared to address all such
matters and with authority to enter stipulations and to make
admissions.
3. In
the joint statement for the initial case management
conference, any law firm with more than fifty lawyers
nationwide must submit a specific plan for how it intends, in
this case, to provide opportunities to junior lawyers (six
years or fewer years out of law school) to argue motions in
court, to take depositions, and to examine witnesses at
trial. Specific motions, depositions, and junior lawyers must
be identified. Please state whether it would be useful to
require client representatives to attend the upcoming case
management conference where this subject will be discussed.
4.Pursuant
to FRCP 26(d), Rule 34 requests may be served more than
twenty-one days after service of the complaint on a party.
The request is considered to have been served at the Rule
26(f) conference. As soon as a party has notice of this
order, however, the party shall take such affirmative steps
as are necessary to preserve evidence related to the issues
presented by the action, including, without limitation,
interdiction of any document-destruction programs and any
ongoing erasures of e-mails, voice mails, and other
electronically-recorded material.
Electronic
Case Filing - Lodging Hard Copies with Chambers
5.In
all “E-Filing” cases, in addition to filing
papers electronically, the parties are required to lodge for
chambers one paper copy of each document that is filed
electronically. These printed copies shall be marked
“Chambers Copy - Do Not File” and shall be in an
envelop clearly marked with the judge’s name and case
number. It shall be delivered in accordance with Civil Local
Rule 5-1(e)(7). For the final pretrial conference, please
follow Guidelines for Trial and Final Pretrial Conference
In Civil Jury Cases Before the Honorable William Alsup.
Setting
Motions for Hearing
6.Counsel
need not request a motion hearing date and may notice
non-discovery motions for any Thursday (excepting holidays)
at 8:00 a.m. The Court sometimes rules on the papers, issuing
a written order and vacating the hearing. If a written
request for oral argument is filed before a ruling, 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 hear oral argument, believing that young
lawyers need more opportunities for appearances than they
usually receive.
Form
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