Case 3:20-cv-04423-JD Document 22 Filed 07/20/20 Page 1 of 13
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`UNITED STATES DISTRICT COURT
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`NORTHERN DISTRICT OF CALIFORNIA
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`MARIA SCHNEIDER, et al.,
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`Plaintiffs,
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`v.
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`YOUTUBE, LLC, et al.,
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`Defendants.
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`Case No. 20-cv-04423-JD
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`REASSIGNMENT ORDER SETTING
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`TO ALL PARTIES AND COUNSEL OF RECORD:
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`This matter has been reassigned to the Honorable James Donato. It is hereby ordered,
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`pursuant to Fed. R. Civ. P. 16(b) and Civil L. R. 16-10, that a Case Management Conference shall
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`be held in this case on October 8, 2020, at 10:00 A.M., in Courtroom 11, 19th Floor, United
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`States Court House, 450 Golden Gate Avenue, San Francisco, CA 94102.
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`Counsel shall meet and confer as required by Fed. R. Civ. P. 26(f) prior to the Case
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`Management Conference with respect to the subjects set forth in Fed. R. Civ. P. 16(c). Not less
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`than seven (7) calendar days before the conference, counsel shall file a joint case management
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`statement in compliance with the “Standing Order for Civil Cases Before Judge James Donato”
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`and the “Standing Order For All Judges of the Northern District -- Contents of Joint Case
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`Management statement,” both of which are attached to this order and can also be found on the
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`Courtʼs website. A proposed order is not necessary. Following the conference, the Court will
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`enter its own Case Management and Pretrial Order.
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`Case 3:20-cv-04423-JD Document 22 Filed 07/20/20 Page 2 of 13
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`For all other matters pertaining to the Case Management Conference, including who must
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`attend and how the parties may make a request to reschedule the date, the parties are directed to
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`this Courtʼs Civil Standing Order. Parties are expected to be familiar with that order, and to
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`comply with it fully.
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`IT IS SO ORDERED.
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`Dated: July 20, 2020
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`______________________________________
`JAMES DONATO
`United States District Judge
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`Case 3:20-cv-04423-JD Document 22 Filed 07/20/20 Page 3 of 13
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`UNITED STATES DISTRICT COURT
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`NORTHERN DISTRICT OF CALIFORNIA
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`STANDING ORDER FOR CIVIL CASES BEFORE JUDGE JAMES DONATO
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`INTRODUCTION
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`This Standing Order is a guide to counsel and parties on pretrial practices in civil cases
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`before Judge Donato. Counsel are required to read and comply with this order, this Court’s
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`Standing Orders for Discovery in Civil Cases and Civil Jury Trials, and the Northern District’s
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`Civil Local Rules.
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`SERVICE OF THIS ORDER
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`1.
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`The parties are reminded that this Standing Order is included in the
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`“Supplementary Material” that must be served in accordance with Civil Local Rules 4-2 and 16-2.
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`CASE MANAGEMENT CONFERENCES
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`2.
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`Civil case management conferences are held on Thursdays at 10:00 a.m. in
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`Courtroom 11, 19th Floor, United States Courthouse, 450 Golden Gate Avenue, San Francisco,
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`California.
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`3.
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`The parties must file a joint case management statement addressing the
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`standardized items required by the Standing Order for All Judges of the Northern District of
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`California: Contents of Joint Case Management Statements. The joint statement must be filed at
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`least seven calendar days prior to the case management conference. Failure to file a joint
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`statement must be accompanied by a signed declaration explaining the grounds for that failure.
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`Absent good cause, the parties may be subject to sanctions. If either party is not represented by
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`counsel, separate statements may be filed, but only after the parties have made a good faith effort
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`to prepare a joint statement.
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`4.
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`In proposing a case schedule, the parties should agree on a trial date and work
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`backward from that date to ensure adequate time for dispositive and Daubert motions, class
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`certification motions, expert discovery and other events. As a general rule, counsel should budget
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`no more than 18 months between the initial case management conference and trial. Counsel
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`requesting longer pretrial periods must be prepared to justify that request at the initial case
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`management conference. A trial date typically will be assigned at the initial case management
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`conference. Once assigned, the trial date will not be changed or continued absent good cause in
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`the interest of justice. Counsel and parties should assume that the trial date will not be moved.
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`5.
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`For parties with counsel, each party must be represented at the case management
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`conference by lead counsel prepared to address all pertinent matters and with authority to enter
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`stipulations and make admissions. Failure of lead counsel to appear may result in sanctions. For
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`parties without counsel, the party is expected to appear.
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`6.
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`Telephonic appearances are rarely permitted at case management conferences
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`or motion hearings, except in exceptional circumstances and with the Court’s prior approval
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`issued at least three court days before the appearance date. A conflict with another court date
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`scheduled after a date set by this Court is not an exceptional circumstance. If a party or counsel
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`has a good-faith basis for making a request to appear by telephone, it should file the request on the
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`docket. Do not call the Court’s Courtroom Deputy with those requests.
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`7.
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`Any request to reschedule a case management conference must be made in writing,
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`by stipulation if possible, not less than 10 calendar days before the conference date. Good cause
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`must be shown. The conference date will not be rescheduled unless the Court grants the request.
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`Parties cannot change the date by stipulation.
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`8.
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`Pursuant to Federal Rule of Civil Procedure 26(d)(1), formal discovery should not
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`be served or initiated by any party until after the parties have conferred as required by FRCP 26(f),
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`except by stipulation or court order, or as provided for in FRCP 26(d)(2) or other rules. The Court
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`expects that as soon as any party reasonably anticipates or knows of litigation, it will take the
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`Case 3:20-cv-04423-JD Document 22 Filed 07/20/20 Page 5 of 13
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`necessary, affirmative steps to preserve evidence related to the issues presented by the action,
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`including, without limitation, interdiction of any document destruction programs and any ongoing
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`erasures of e-mails, voice mails, and other electronically-recorded material.
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`ELECTRONIC CASE FILING − CHAMBERS COPIES
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`9.
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`In addition to filing papers electronically, the parties are required to lodge for
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`chambers one paper copy of the following: (a) complaints; (b) notices of removal; (c) case
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`management conference statements; (d) stipulations; (e) all motion papers, including the opening,
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`opposition, and reply briefs, as well as any supporting declarations and exhibits; and (f) discovery
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`dispute letters that are filed pursuant to this Court’s Standing Order for Discovery in Civil Cases.
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`Counsel should not submit chambers copies of any other documents that are electronically filed.
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`10.
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`All chambers copies must be double-sided, three-hole punched at the left margin
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`and marked with the ECF stamp (case number, document number, date and page number). These
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`printed copies should be marked “Chambers Copy -- Do Not File” and placed in an envelope
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`clearly labeled with the judge’s name and case number. The copies must be delivered in
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`accordance with Civil Local Rule 5-1(e)(7). For voluminous filings, chambers would appreciate
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`the use of binder clips rather than staples, or submission in three-ring binders. For documents
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`with multiple attachments (e.g., declarations with exhibits, requests for judicial notice and so on),
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`please use side tabs that clearly separate each attached document. For pretrial materials, please
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`follow this Court’s Standing Order for Civil Jury Trials.
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`SETTING MOTIONS FOR HEARING
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`11.
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`The civil law and motion calendar is called on Thursdays at 10:00 a.m. in
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`Courtroom 11. Counsel need not request a motion hearing date and may notice non-discovery
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`motions for any Thursday (excepting holidays) at 10:00 a.m. consistent with the 35-day notice
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`period in Civil Local Rule 7-2(a) or other appropriate timeline. The Court may vacate the hearing
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`and rule on the papers, or reset the hearing date as its calendar requires.
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`12.
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`Counsel typically will have up to 15 minutes of oral argument time per side. The
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`Court generally uses argument to ask questions and counsel are expected to be fully prepared to
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`Case 3:20-cv-04423-JD Document 22 Filed 07/20/20 Page 6 of 13
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`discuss applicable law and the facts in the case. Argument time will likely be extended for more
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`complex cases and motions.
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`13.
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`The Court has a strong commitment to supporting the development of our next
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`generation of trial lawyers. Parties and senior counsel are encouraged to give newer practitioners
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`the opportunity to argue in court. To that end, the Court will typically guarantee oral argument on
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`any motion handled by a lawyer with 6 or fewer years of experience. The Court should be advised
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`that a newer lawyer is doing the argument well in advance of the hearing date.
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`FORM OF SUBMISSIONS
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`14.
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`On summary judgment motions, joint statements of undisputed facts are not
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`required but are helpful if completely agreed upon. Separate statements of “undisputed facts” may
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`not be filed. See Civil L.R. 56-2.
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`15.
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`Reply papers should not raise new points that could have been addressed in the
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`opening motion or brief. Sur-replies are not permitted. See Civil L.R. 7-3(d).
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`16.
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`The title of a submission must be sufficiently descriptive to alert the Court to the
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`relief sought; for example, please do not bury a request for continuance in the body of a
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`memorandum.
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`17.
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`All submissions filed with the Court must include the date and time of the hearing
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`or conference on the cover sheet.
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`18.
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`Except for summary judgment and class certification motions, opening and
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`opposition briefs may not exceed 15 pages, and reply briefs may not exceed 10 pages. For
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`summary judgment and class certification motions, opening and opposition briefs may not exceed
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`25 pages, and reply briefs may not exceed 15 pages.
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`19.
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`The parties should not ask the Court for an order where one is not needed, e.g.,
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`stipulations of dismissal under FRCP 41(a)(1). Those requests will be disregarded.
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`20.
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`The parties are reminded that they must inform the Court of any potentially related
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`actions pending in this District or any other federal or state court in accordance with Civil Local
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`Rules 3-12 and 3-13.
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`Case 3:20-cv-04423-JD Document 22 Filed 07/20/20 Page 7 of 13
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`MOTION ADVICE
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`21.
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`Counsel should use their best judgment in deciding whether and when to bring a
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`motion. Not every case warrants a motion to dismiss or summary judgment. For summary
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`judgment in particular, counsel should carefully evaluate the extent to which fact disputes are
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`genuine and material. Summary judgment motions that involve disputed material facts will
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`usually be denied promptly in a short order.
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`22.
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`As effective lawyers know, persuasive written advocacy is focused, plainly stated
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`and supported by accurate and reliable authority. Counsel should spare no effort to ensure that
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`their papers are succinct and clear, and should present their arguments in descending order of
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`strength. Arguments buried in footnotes or raised with little authority or discussion will generally
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`not be considered by the Court. For example, an argument that the Court lacks personal
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`jurisdiction over a defendant or that a party lacks standing should not be raised in a footnote or a
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`short paragraph at the end of a brief. If counsel believes a serious question or issue should be
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`decided by the Court, counsel should argue it appropriately.
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`23.
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`All case citations and factual statements must be completely accurate. A citation to
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`a case, statute or other authority is counsel’s representation to the Court that the authority stands
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`for the proposition asserted and is good law. A quotation of a case or other authority is counsel’s
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`representation that the quoted language is complete and present in the authority cited. Counsel
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`must ensure that use of ellipses or elisions in quotes does not mislead the Court or misrepresent
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`the substance of the holding or other authority. Counsel’s representations of facts are subject to
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`the same requirements of completeness and accuracy. Misrepresentations of law or fact, however
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`subtle, may result in sanctions and a referral to the District’s Standing Committee on Professional
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`Conduct.
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`DISCLOSURES
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`24.
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`FRCP 26 requires certain automatic disclosures and requires them to be made in a
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`timely manner. Under FRCP 37(c), materials that are undisclosed or disclosed late will likely be
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`excluded from use at trial or summary judgment unless permitted otherwise by the Court.
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`SEALED DOCUMENTS
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`25.
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`Any party seeking to file a document under seal must carefully review and comply
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`with Civil Local Rule 79-5, except as that Rule is modified here for civil cases before Judge
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`Donato.
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`26.
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`The declaration and proposed order required by Civil Local Rule 79-5(d)(1) must
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`establish, with reference to appropriate authority, that each of the following requirements is met:
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`a.
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`The document or document portion is “privileged, protectable as a trade
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`secret or otherwise entitled to protection under the law.” Civil L.R. 79-5(b). (Note that
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`“[r]eference to a stipulation or protective order that allows a party to designate certain documents
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`as confidential is not sufficient to establish that a document, or portions thereof, are sealable.”
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`Civil L.R. 79-5(d)(1)(A).)
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`b.
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`The “strong presumption of access to judicial records” may be rebutted
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`under the appropriate legal standard, i.e., the “good cause” or “compelling reasons” standard. See
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`Kamakana v. City and Cnty. of Honolulu, 447 F.3d 1172, 1178-82 (9th Cir. 2006) (discussing
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`“good cause” and “compelling reasons” standards with respect to dispositive and non-dispositive
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`motions). The declaration and proposed order must identify the appropriate standard and
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`articulate why the materials to be sealed satisfy that standard. The reasons provided must be
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`specific to the portions of the document sought to be sealed; “[s]imply mentioning a general
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`category of privilege, without any further elaboration or any specific linkage with the documents,
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`does not satisfy the burden.” Id. at 1184. Generic, non-specific reasons are not sufficient under
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`either standard. See id. at 1180.
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`27.
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`Any proposed order under Civil Local Rule 79-5(d)(1)(B) must include in the table
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`for each item sought to be sealed the filer’s reasons for seeking sealing of the material, along with
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`citations to the relevant declarations.
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`28.
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`Any declaration by a Designating Party under Civil Local Rule 79-5(e)(1) must
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`include a new proposed order in the tabular format required by Civil Local Rule 79-
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`5(d)(1)(B) that includes the Designating Party’s reasons for sealing the material. In addition, any
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`declaration by a Designating Party under Civil Local Rule 79-5(e)(1) that seeks less extensive
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`Case 3:20-cv-04423-JD Document 22 Filed 07/20/20 Page 9 of 13
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`sealing than its associated administrative motions to seal must be accompanied by revised
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`redacted and unredacted versions of the documents sought to be sealed that comply with the
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`requirements of Civil Local Rule 79-5(d)(1)(C) and (D), including the requirement that the
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`portions sought to be sealed must be clearly marked on the unredacted version.
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`29.
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`Any declaration, whether under Civil Local Rule 79-5(d)(1)(A) or (e)(1), that
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`claims confidentiality obligations to a non-party as a basis for sealing a document or a portion of a
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`document must be served on the non-party as set forth in Civil Local Rule 79-5(e). The non-party
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`must also be notified that it must comply with the procedures set forth in that rule for Designating
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`Parties, except that the non-party will have four days from service of the declaration -- rather than
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`four days from the filing of the administrative motion to seal -- to file a declaration under Civil
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`Local Rule 79-5(e)(1).
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`30.
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`All portions of documents sought to be sealed must be clearly marked on the
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`unredacted versions of documents submitted to the Court, as required by Civil Local Rule 79-
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`5(d)(1)(D). The Court emphasizes this requirement, because it is usually ignored.
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`31.
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`For cases where voluminous or multiple administrative motions to seal would be
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`filed if normal procedures were followed, parties (and any non-parties with potentially sealable
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`information) must, upon the completion of briefing, jointly file a new, combined administrative
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`motion to seal for all requests where sealing is unopposed. If any requests to seal are opposed,
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`each party or non-party making an opposed request should file a single combined administrative
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`motion to seal covering all of their opposed requests. If the parties anticipate that this paragraph
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`will apply to a round of briefing, they may indicate in the initial motion to file under seal that
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`accompanies a brief or other document as it is lodged under seal on the docket, that a more
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`fulsome and revised motion to seal will be forthcoming after the completion of briefing pursuant
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`to this paragraph of the Standing Order. The later combined motion to seal that is filed should
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`clearly identify the docket numbers of the prior motions to seal that are superseded by the
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`combined motion. If the Court determines that the parties should have followed this procedure but
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`did not, it will deny the motions to seal without prejudice.
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`Case 3:20-cv-04423-JD Document 22 Filed 07/20/20 Page 10 of 13
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`COMMUNICATIONS WITH CHAMBERS
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`32.
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`Please do not send any letters to the Court except for discovery disputes as detailed
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`in the Court’s Standing Order for Discovery in Civil Cases. When corresponding with the Court
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`by letter, always identify the party you represent. Do not messenger anything directly to
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`chambers. Deliveries must be directed to the Clerk’s office and are never accepted by chambers
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`personnel.
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`33.
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`You may contact the Courtroom Deputy, Lisa Clark, at (415) 522-2066 with
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`appropriate inquiries. Except for the letters described above, please do not attempt to make
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`contact by telephone or any other ex parte means with chambers staff.
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`COURTROOM CONDUCT
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`34.
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`Counsel and parties are required to conduct themselves with the highest level of
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`decorum and respect for each other and Court and chambers personnel while in the courtroom.
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`Cell phones and all other electronic devices must be turned off; no texting, e-mailing, or other
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`electronic communications are permitted. While sitting in the gallery, counsel and parties should
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`avoid conversation unless absolutely necessary for the appearance. Once a case is called and
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`counsel appear, all communications must be directed only to the Court. Counsel shall not address
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`each other directly unless the Court expressly permits them to do so. All statements and citations
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`made to the Court during oral argument will be held to the same standards stated above in
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`Paragraph 23.
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`CROSS REFERENCE TO OTHER STANDING ORDERS
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`35.
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`The Court has separate standing orders for civil jury trials, discovery in civil cases,
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`and patent cases. They are available for review at the website for the United States District Court
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`for the Northern District of California at www.cand.uscourts.gov/jdorders.
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`IT IS SO ORDERED.
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`Dated: January 5, 2017
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`______________________________________
`JAMES DONATO
`United States District Judge
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`Case 3:20-cv-04423-JD Document 22 Filed 07/20/20 Page 11 of 13
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`STANDING ORDER FOR ALL JUDGES
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`OF THE NORTHERN DISTRICT OF CALIFORNIA
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`CONTENTS STANDING ORDER FOR ALL JUDGES OF JOINT CASE MANAGEMENT
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`STATEMENT
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`All judges of the Northern District of California require identical information in Joint Case
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`Management Statements filed pursuant to Civil Local Rule 16-9. The parties must include the
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`following information in their statement which, except in unusually complex cases, should not
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`exceed ten pages:
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`1.
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`Jurisdiction and Service: The basis for the court’s subject matter jurisdiction over
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`plaintiff's claims and defendant’s counterclaims, whether any issues exist regarding personal
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`jurisdiction or venue, whether any parties remain to be served, and, if any parties remain to be
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`served, a proposed deadline for service.
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`2.
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`Facts: A brief chronology of the facts and a statement of the principal factual issues in
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`dispute.
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`3.
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`Legal Issues: A brief statement, without extended legal argument, of the disputed points of
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`law, including reference to specific statutes and decisions.
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`4.
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`5.
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`Motions: All prior and pending motions, their current status, and any anticipated motions.
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`Amendment of Pleadings: The extent to which parties, claims, or defenses are expected to
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`be added or dismissed and a proposed deadline for amending the pleadings.
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`6.
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`Evidence Preservation: A brief report certifying that the parties have reviewed the
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`Guidelines Relating to the Discovery of Electronically Stored Information (“ESI Guidelines”), and
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`confirming that the parties have met and conferred pursuant to Fed. R. Civ. P. 26(f) regarding
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`reasonable and proportionate steps taken to preserve evidence relevant to the issues reasonably
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`evident in this action. See ESI Guidelines 2.01 and 2.02, and Checklist for ESI Meet and Confer.
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`Case 3:20-cv-04423-JD Document 22 Filed 07/20/20 Page 12 of 13
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`7.
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`Disclosures: Whether there has been full and timely compliance with the initial disclosure
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`requirements of Fed. R. Civ. P. 26, and a description of the disclosures made.
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`8.
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`Discovery: Discovery taken to date, if any, the scope of anticipated discovery, any
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`proposed limitations or modifications of the discovery rules, a brief report on whether the parties
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`have considered entering into a stipulated e-discovery order, a proposed discovery plan pursuant
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`to Fed. R. Civ. P. 26(f), and any identified discovery disputes.
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`9.
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`Class Actions: If a class action, a proposal for how and when the class will be certified.
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`10.
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`Related Cases: Any related cases or proceedings pending before another judge of this
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`court, or before another court or administrative body.
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`11.
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`Relief: All relief sought through complaint or counterclaim, including the amount of any
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`damages sought and a description of the bases on which damages are calculated. In addition, any
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`party from whom damages are sought must describe the bases on which it contends damages
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`should be calculated if liability is established.
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`12.
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`Settlement and ADR: Prospects for settlement, ADR efforts to date, and a specific ADR
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`plan for the case, including compliance with ADR L.R. 3-5 and a description of key discovery or
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`motions necessary to position the parties to negotiate a resolution.
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`13.
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`Consent to Magistrate Judge For All Purposes: Whether all parties will consent to have a
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`magistrate judge conduct all further proceedings including trial and entry of judgment. ___ Yes
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`___ No
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`14.
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`Other References: Whether the case is suitable for reference to binding arbitration, a
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`special master, or the Judicial Panel on Multidistrict Litigation.
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`15.
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`Narrowing of Issues: Issues that can be narrowed by agreement or by motion, suggestions
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`to expedite the presentation of evidence at trial (e.g., through summaries or stipulated facts), and
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`any request to bifurcate issues, claims, or defenses.
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`Case 3:20-cv-04423-JD Document 22 Filed 07/20/20 Page 13 of 13
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`16.
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`Expedited Trial Procedure: Whether this is the type of case that can be handled under the
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`Expedited Trial Procedure of General Order No. 64 Attachment A. If all parties agree, they shall
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`instead of this Statement, file an executed Agreement for Expedited Trial and a Joint Expedited
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`Case Management Statement, in accordance with General Order No. 64 Attachments B and D.
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`17.
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`Scheduling: Proposed dates for designation of experts, discovery cutoff, hearing of
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`dispositive motions, pretrial conference and trial.
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`18.
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`Trial: Whether the case will be tried to a jury or to the court and the expected length of the
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`trial.
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`19.
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`Disclosure of Non-party Interested Entities or Persons: Whether each party has filed the
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`“Certification of Interested Entities or Persons” required by Civil Local Rule 3-16. In addition,
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`each party must restate in the case management statement the contents of its certification by
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`identifying any persons, firms, partnerships, corporations (including parent corporations) or other
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`entities known by the party to have either: (i) a financial interest in the subject matter in
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`controversy or in a party to the proceeding; or (ii) any other kind of interest that could be
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`substantially affected by the outcome of the proceeding.
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`20.
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`Professional Conduct: Whether all attorneys of record for the parties have reviewed the
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`Guidelines for Professional Conduct for the Northern District of California.
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`21.
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`Such other matters as may facilitate the just, speedy and inexpensive disposition of this
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`matter.
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`Rev. August 25, 2014
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`United States District Court
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