Honorable Josephine L. Staton

Absent extraordinary circumstances, all hearings before the Court are conducted in person. Requests to appear by telephone or Zoom videoconference must be made by filing an application no fewer than five days in advance of the hearing.  Sending an email to the Courtroom Deputy Clerk (“CRD”) is not the proper  way to request to appear by telephone or by Zoom and does not excuse the in-person appearance by a party or by counsel.

1. RULE 16(B) SCHEDULING CONFERENCES

The Court issues a detailed Order Setting Scheduling Conference, which the parties and counsel are directed to review carefully before preparing their Joint Rule 26(f) Report. The Joint Rule 26(f) Report must be filed two weeks in advance of the conference. Generally, the Court does not continue scheduling conferences or defer initial disclosures pending resolution of pre-answer motions.  The Court frequently vacates scheduling conferences in favor of issuing a scheduling order based on the parties’ written submission. The Court has a presumptive civil litigation schedule that builds in sufficient time for briefing, hearing, and resolution of pretrial issues in advance of trial. Proposals that deviate from the presumptive schedule must be explained.

The Court sets a trial date at the Final Pretrial Conference. The parties are expected to address trial scheduling issues at the Final Pretrial Conference; therefore, the parties are directed to confer before the Final Pretrial Conference to identify mutually agreeable trial date(s) within the 90 days following the Final Pretrial Conference.  Where the Court's trial calendar permits, the Court will set the trial for a date agreed upon by the parties.

2. PROPOSED ORDERS (ALL REQUESTS FOR RELIEF)

Whether related to ex parte applications, stipulations, motions, or any other request for relief, the parties must prepare, lodge and email proposed orders setting forth the relief they seek.  See Local Rule 5-4.4.  A word processing version of the proposed order must be emailed to the chambers address.  See Local Rule 5-4.4.2.  Although Local Rule 5-4.4.2 allows for another format, proposed orders emailed to Judge Staton’s chambers address must be in Microsoft Word format.  

3. EX PARTE APPLICATIONS (CIVIL AND CRIMINAL CASES)

The parties and counsel are directed to Local Civil Rule 7-19. Ex parte applications are for extraordinary relief only. When seeking relief by filing an ex parte application, the filing party must demonstrate that the need for ex parte relief is not due to the lack of the party’s diligence. Although denominated “ex parte,” these applications are almost never granted without affording the opposing party an opportunity to respond. Ex parte applications are generally resolved on the papers and are rarely set for hearing. The parties are strongly encouraged to attempt to resolve the issue(s) presented before seeking relief. Prior to filing, the movant shall determine the position of the opposing party and advise the Court of that position in the ex parte application or in an accompanying declaration. Where appropriate, the movant shall serve the opposing party by electronic filing (see Local Rule 5-3.2.1); otherwise, the party seeking relief shall serve by email, fax, or personal service. The party shall seeking relief must also notify the opposing party that any opposition must be filed no later than 24 hours after service.  Absent leave of court, replies are not permitted.

If parties or counsel do not intend to oppose an ex parte application, counsel must inform the CRD by email or telephone as soon as possible.

4. STIPULATIONS (CIVIL AND CRIMINAL)

The parties are encouraged to resolve minor issues with minimal Court involvement by the filing of a stipulation. Local Rule 7-1.

The parties may not stipulate to “good cause” to continue a deadline imposed by the Rule 16(b) Scheduling Order, but they may seek to establish good cause by declaration(s) proffered in support of their stipulation. The Court does not modify Scheduling Orders to accommodate mediation or settlement negotiations, which occur in every case.  

Counsel and parties are advised to file stipulations and any other requests for relief well in advance of any pending deadlines or hearing dates associated with the request for relief.  Five court days in advance is recommended. Stipulations are not effective until approved by the Court (L.R. 7-1) and, absent extraordinary circumstances, the Court does not rule on “rush” stipulations in order to relieve parties of filing deadlines.

5. CIVIL MOTIONS

Civil motions are heard on Friday at 10:30 a.m. Parties must comply with the meet-and-confer requirement of Local Rule 7-3 or risk summary denial of their motions for the failure to follow this rule. The Court may decline to consider documents that are not timely filed, and the failure to file a timely opposition brief may be deemed consent to the motion. Local Rule 7-12.

On civil cases it is not necessary to reserve a motion date with the court clerk prior to filing the motion, but parties and counsel must comply with all Local and Federal Rules regarding service and must review the Court’s Closed Motion Dates. The Court may resolve civil motions on the parties’ written submissions, without oral argument. If the Court does not believe that oral argument will be helpful, the Court will advise the parties in advance. 

A party may file only one summary judgment motion. Motions for summary judgment must be accompanied by a Statement of Uncontroverted Facts and Conclusions of Law. Local Rule 56-1. Oppositions thereto must be accompanied by a Statement of Genuine Issues. Local Rule 56-2. These documents shall not include legal argument. Objections to specific evidence may be noted in these documents, but argument on objections must be set forth in separate documents. The parties should also consult the Court's Initial Standing Order.

Motions for default judgment must (1) address the seven factors set forth in Eitel v. McCool, 782 F.2d 1470, 1471-72 (9th Cir. 1986), and (2) identify and discuss the evidence supporting the filing party’s claimed damages or other requested remedy. Additionally, the moving party  must provide a proposed order that incorporates its analysis of the Eitel factors and its discussion of evidence. Where a motion fails to comply with this procedure, the Court will strike the motion.

6. CRIMINAL MOTIONS

Criminal motions are heard on Friday mornings. Judge Staton’s Order Regarding Criminal Proceedings imposes a meet-and-confer requirement before the filing of a motion in a criminal case. The date and time for hearings on all criminal motions must be cleared in advance with the CRD. Motions and Opposition briefs shall set forth a hearing time estimate on the caption page of the filing.  Judge Staton’s Order Regarding Criminal Proceedings sets forth a number of other specific requirements, and parties and their counsel are expected to comply with all procedures set forth therein.  

7. LENGTH AND FORMAT OF MOTIONS AND PROFFERED EVIDENCE (CIVIL AND CRIMINAL CASES)

Memoranda of points and authorities are subject to the limitation on length set forth in Local Rule 11-6.1.  Certification of compliance with this requirement is set forth in Local Rule 11-6.2.  Only in rare cases and for good cause shown will the Court grant leave to exceed that page limitation.  Reply briefs (civil and criminal) are further limited to 4,200 words. 

Additionally, Local Rule 11-3 governs the format of documents presented to the Court, including the specifications regarding font size (Rule 11-3.1.1) and spacing (Rule 11-3.6).  Documents submitted for filing in paper format or as mandatory chambers copies need not be blue-backed in the manner specified in Local Rule 11-3.5.  No supplemental brief(s) or sur-reply briefs may be filed without leave of Court. Local Rule 7-10.

Notwithstanding any other provision in the Court's Local Rules, General Orders, or Notices from the Clerk, the Court requires mandatory chambers copies of voluminous evidence.  Specifically, voluminous evidence is evidence that exceeds 50 pages.  Such evidence must be tabbed and must include an index. If the evidence exceeds 200 pages, it should not be bound, but must instead be placed in an appropriate 3-ring binder.  When they are placed in a 3-ring binder, documents may be printed on both sides of the paper.

8. APPEARANCE OF COUNSEL (CIVIL AND CRIMINAL CASES)

Unless the Court orders otherwise, civil motions will proceed IN PERSON. Telephonic or videoconference appearances by counsel are disfavored and require truly exceptional circumstances. In situations in which one attorney makes a telephone appearance, but his or her co-counsel is present in Court, only one of the two may address the substance of any matter pending before the Court.  Lead trial counsel is expected to appear at all conferences and hearings, including motion hearings. Special appearances are not permitted, and only counsel of record may appear.

9. CLASS ACTION SCHEDULING ISSUES

The parties are directed to discuss scheduling issues related to class certification in their Joint Rule 26(f) Report.  

Absent extraordinary circumstances, the Court does not bifurcate class discovery from merits discovery.  In an ordinary case, the Court expects the filing of a class certification motion within six to nine months of the scheduling conference, and for discovery to close approximately six months after that filing deadline. It is strongly suggested that counsel agree to a class certification briefing schedule. The Court will set a briefing schedule if one is not proposed, allowing four weeks for the filing of an opposition brief and another four weeks for the filing of a reply brief.

Moreover, the Court does not defer setting a pretrial schedule until after the class certification issues have been resolved. Therefore, the parties must propose a comprehensive schedule for the case and may not rest on a proposal that the Court defer setting pretrial dates and deadlines until after the Court rules on the issue of class certification. Counsel are directed to refer to the Court’s Order Setting Scheduling Conference and its attached Exhibit A for further direction.

10. SCHEDULING ISSUES IN UTILITY PATENT CASES

For cases involving claims of infringement of a utility patent, the Court follows a schedule similar to that imposed by the Northern District of California. In advance of meeting and conferring regarding the preparation of the Joint Rule 26(f) Report, and as explained more fully in the Court’s Order Setting Scheduling Conference, counsel in these cases are directed to access Exhibit B and base their proposed schedule on the Court’s presumptive schedule for utility patent cases. If the parties wish to deviate from the Court’s presumptive schedule, they must explain their position(s).  

11. BANKRUPTCY APPEALS

When a notice of appeal is filed in the Bankruptcy Court, and after the Appellant designates the record on appeal pursuant to 8009(a), the Clerk of the Bankruptcy Court will send the record to the District Court (or will notify the District Court that the record is available electronically). The Clerk of the District Court will then issue a Certificate of Readiness and give notice to all parties as required by Federal Rule of Bankruptcy Procedure 8010(b)(3). The briefing schedule is that set by Federal Rule of Bankruptcy Procedure 8018(a)(1)-(3).

The briefing schedule for motions in bankruptcy appeals shall be in accordance with Federal Rule of Bankruptcy Procedure 8013(a)(3)(A)-(B).  A hearing will not be held unless the Court orders otherwise.  See Fed. R. Bankr. P. 8013(c).  Ex parte applications may be filed to address urgent, disputed issues. See Procedure 3., supra. Stipulations may be filed to address undisputed issues. See Procedure 4., supra.  Mandatory chambers copies of appendices must conform with the provision regarding presentation of evidence in usable format. See Procedure 7., supra. Appendices over 50 pages must be indexed and tabbed, and appendices over 200 pages must be presented in 3-ring binders.

12. DISCOVERY MOTIONS IN A CIVIL CASE

All discovery motions in civil cases are to be calendared before the magistrate judge. Parties and counsel are directed to the procedures for discovery motions set forth in Local Rule 37 and are advised to consult the procedures page of the magistrate judge assigned to their case.  Discovery motions must be filed no later than ten days after the discovery cut-off date.

13. DISCOVERY IN CRIMINAL CASES

The Court issues a detailed Order Regarding Criminal Proceedings in each case. The Order addresses specific requirements regarding discovery in a criminal case. Parties and their counsel are expected to comply with all procedures set forth therein.  

14. CENTRAL DISTRICT CALENDAR CONFLICTS (CIVIL AND CRIMINAL CASES)

Counsel shall notify the CRD for each judge prior to the date of the conflict. Counsel should appear before the most senior judge and request priority. 

15. UNDER SEAL FILINGS (CIVIL CASES)

All parties and counsel must fully comply with all steps of the multi-step procedure set forth in Local Rule 79-5.  Failure to comply with any one of the requirements of Local Rule 79-5 may result in denial of an application for leave to file under seal, and may result in delay or the inability to rely on the documents to be filed under seal.  Mandatory chambers copies of under seal filings must be delivered to the civil filing window and must not be left in the drop box.

16. UNDER SEAL FILINGS (CRIMINAL CASES)

Under seal filings in a criminal case are not subject to the procedure outlined in Local Rule 79-5. The procedure for their filing is outlined in a separate document, attached below in PDF format.

17. CONTINUANCES IN CIVIL CASES

After the Court issues a scheduling order, continuances in civil cases are granted only upon a showing of good cause. See Fed. R. Civ. P. 16(b)(4). Applications or stipulations for continuances must be supported by detailed declaration attesting to the grounds for continuance. Parties and counsel must in all instances demonstrate good cause; they may not simply stipulate that good cause has been shown. The Court does not modify Scheduling Orders to accommodate mediation or settlement negotiations, which occur in every case.

The Court’s determination of whether good cause has been shown focuses upon evidence of diligence by the party or parties seeking a continuance, and on the potential for prejudice that might result from a denial of the continuance.  

Counsel are not to assume that any request has been granted until it is approved by the Court. See Local Rule 40-1. 

18. ALTERNATIVE DISPUTE RESOLUTION (CIVIL CASES)

This Court participates in the Court-Directed ADR Program. If counsel have received a Notice to Parties of Court-Directed ADR Program (ADR-08), the case will be presumptively referred to the Court’s Mediation Panel or to private mediation. See General Order 11-10, § 5.1 and Local Rule 26-1(c).  This Court generally does not refer settlement conferences to magistrate judges.  The Court follows an early ADR procedure for cases brought pursuant to Title III of the Americans with Disabilities Act.

19. SETTLEMENT OF CIVIL CASES 

The parties are to advise the Court promptly when a settlement is reached.  In an ordinary civil case, upon being advised that the parties have reached a resolution as to all parties and all claims, the Court will issue an order staying all proceedings pending a stipulation of dismissal by the parties. No stay will be issued for “tentative” settlements or settlements “in principle.”  The parties are expected to finalize the terms of the settlement and file a stipulation of dismissal within thirty days of the entry of the Court’s stay order. In the event that the parties reach a settlement that is expected to or is likely to take more than 60 days to finalize, the parties should be prepared to articulate why additional time is needed and demonstrate diligence in finalizing the settlement.  Generally, the Court will not retain jurisdiction to enforce the terms of the settlement agreement unless the parties have filed the settlement agreement under seal for the Court’s review. 

20. ELECTRONIC EQUIPMENT (CIVIL AND CRIMINAL CASES)

Parties and counsel are directed to contact the CRD well in advance of an appearance at which they want to use electronic equipment in the courtroom. 

21. TRANSCRIPTS (CIVIL AND CRIMINAL CASES)

Parties and counsel may obtain transcripts by contacting the Court Reporter, whose email address appears on this page.  If needed, the Court Reporter may be able to provide an estimate of the cost for the preparation of a transcript.  

To determine the court reporter/recorder for a particular proceeding, go to the Court Reporter Schedule web page and click on View by Date. Once you have determined the correct court reporter/recorder for the desired session, click on Court Reporter Phone and Email List for contact information. 

22. FINAL PRETRIAL CONFERENCES AND TRIALS IN CIVIL CASES

The Court issues a detailed Civil Trial Order concurrently with the Scheduling Order.  The Local Civil Rules and the Court’s Civil Trial Order set forth a number of deadlines for pretrial submissions, many of which are due well in advance of the Final Pretrial Conference.  See Local Rules 16-4 through 16-10.

The trial date and an exhibit conference date will be set at the Final Pretrial Conference.  The parties must be prepared to address these scheduling issues at that time; therefore, the parties are directed to confer before the Final Pretrial Conference to identify mutually agreeable trial date(s) within the 90 days following the Final Pretrial Conference.  Where the Court’s trial calendar permits, the Court will set the trial for a date agreed upon by the parties.

23. CRIMINAL TRIALS

The Court issues a detailed Order Regarding Criminal Proceedings in each case. The Order addresses specific issues regarding criminal trials.

24. JUDGMENTS IN CIVIL CASES

The Court will not enter partial judgment pursuant to Federal Rule of Civil Procedure 54(b) unless it first grants a motion seeking an entry of partial judgment. Where all claims as to all parties have been dismissed with prejudice or finally adjudicated, the prevailing party shall lodge and email a proposed judgment that complies with Federal Rule of Civil Procedure 58(a).

25. COSTS

Costs must be sought by the filing of an Application to the Clerk to Tax Costs as specified in Local Rule 54-2.

26. MOTIONS FOR ATTORNEY FEES (CIVIL CASES)

Any motion or application for attorney’s fees (other than fees pursuant to the schedule in Local Rule 55-3) shall include a spreadsheet in Microsoft Excel format. Each billed task shall be set forth on a separate line that consists of the following columns: (1) in “date” format, the date the task was performed; (2) the timekeeper (attorney or paralegal) performing the task; (3) a description of the task performed; (4) in “number” or “currency” format, the hourly rate of the relevant timekeeper; (5) in “number” format, the time expended on the task; and (6) as a formula, a calculation of the fee charged for each task.  A sample spreadsheet is attached below in Excel format. 

A PDF version of the spreadsheet shall be e-filed as an exhibit in support of the motion, and a separate, editable, electronic copy in Excel format shall be emailed to the chambers address.

27. SENTENCING HEARINGS (CRIMINAL CASES)

The Court issues a detailed Order Regarding Criminal Proceedings in each case. The Order addresses specific requirements regarding filing of materials related to sentencing in a criminal case. Of particular note, position papers must be filed no later than two weeks in advance of the sentencing hearing.

28. STATUS INQUIRIES (CIVIL AND CRIMINAL CASES)

Parties and counsel are instructed to refrain from inquiring by phone or email regarding the status of a motion, stipulation, or proposed order.

29. NO CONTACT WITH CHAMBERS

Parties and counsel shall direct their communications to the CRD rather than chambers.

30. LAW CLERK POSITIONS

Judge Staton hires two term law clerks each year. All applicants must apply through the OSCAR system. See http://oscar.uscourts.gov.  

31. EXTERN POSITIONS

Full-time volunteer positions (extern positions) may be offered to qualified candidates on a rolling basis.  Up to two positions are available during a summer term (May or June through August), fall term (August or September through December), and spring term (January through May). Applicants may email application packets consisting of a cover letter, resume, transcripts, writing sample, and references. Applications without at least one semester of law school grades will not be considered. 

​