Court Rules
Judge Nathanael Cousins
Magistrate Judge

Judge Nathanael Cousins

Individual Rules, Standing Orders & Policies

Rules last changed:
Northern District of California

Limits & Logistics

Document Limits

Joint Statement
5 pgs
Individual Statement
2 pgs

Adjournments

7Calendar Daysnotice
  • Zoom/telephone participation requests must be made within 7 days of referral
  • Settlement conference continuance requires ECF filing with compelling reason and opposition within 2 days if objected

Request must include

Reason For RequestAdversary Position

Communication

Email

Chambers

lili_harrell@cand.uscourts.gov
Scheduling
Phone

Chambers

408.535.5343
Scheduling
Filters:AllMandatoryImportantDiscoverySettlementConferencesProposed OrdersLettersElectronicsMemorandaECF Filing

Page & Word Limits3 rules

Page Limits

Machine summary. Not checked yet.Mandatory?

In the rare event that the parties are unable to file a joint statement, each party may file a statement of two pages or less.

Summary: If unable to file joint statement, each party may file individual statement limited to 2 pages.

Individual Statement

2 pages

Page Limits

Machine summary. Not checked yet.Mandatory?

If the parties are unable to reach a resolution, they must file a joint statement of five pages or less that: (1) describes each unresolved issue; and (2) states each party’s final proposed compromise with respect to each unresolved issue.

Summary: Joint statement for unresolved discovery disputes limited to 5 pages.

Joint Statement

5 pages

Page Limits

Machine summary. Not checked yet.Mandatory?

they must file a joint statement of five pages or less that: (1) describes each unresolved issue; and (2) states each party’s proposed compromise with respect to each unresolved issue.

Summary: Joint statements for discovery disputes limited to 5 pages.

Joint Statement

5 pages

Applies to: Attorney

Document Filing Requirements10 rules

Filing Requirements

Machine summary. Not checked yet.Mandatory?

For all discovery disputes, the parties must meet and confer to attempt to resolve their dispute. The meet and confer must be a direct conversation in person or by telephone or video. A mere exchange of letters, emails, or messages does not satisfy the requirement to meet and confer.

Summary: Discovery disputes require direct conversation (in person, phone, or video), not just written exchanges.

Document Type

Discovery Dispute

Specific requirements detailed in rule text.
Filing Requirements

Machine summary. Not checked yet.Mandatory?

The statement(s) must be filed in ECF under the Civil Events category of Motions and Related Filings > Motions: General > Discovery Letter Brief.

Summary: Discovery statements must be filed in ECF under Civil Events > Motions: General > Discovery Letter Brief.

Document Type

Discovery Statement

Specific requirements detailed in rule text.
Filing Requirements

Machine summary. Not checked yet.Mandatory?

In addition to e-filing, the parties must email a copy of all stipulations and proposed orders in Word format to ncpo@cand.uscourts.gov on the same day they e-file these documents.

Summary: Email Word format copies of stipulations and proposed orders to ncpo@cand.uscourts.gov on same day as e-filing.

Document Type

Proposed Order

Content & Formatting
Proposed Order
Filing Requirements

Machine summary. Not checked yet.Mandatory?

The parties may not attach declarations, exhibits, proposed orders, etc. to the statement absent leave of Court.

Summary: Joint statements for discovery disputes cannot include attachments without leave of court.

Document Type

Joint Statement

Specific requirements detailed in rule text.
Filing Requirements

Machine summary. Not checked yet.Mandatory?

All parties and their counsel are required to attend the settlement conference in person, not by telephone. Non-natural persons must be represented by a person with unlimited authority to negotiate a settlement. An insured party must appear with a representative of the carrier with full authority to negotiate up to the limits of coverage. A person who must call another person not present at the conference before agreeing to a settlement does not have unlimited authority.

Summary: All parties must attend settlement conference in person with authorized representatives

Document Type

Settlement Conference

Specific requirements detailed in rule text.
NC-settlement-conference-standing-order 6 20 2023 · Jun 2023 · p. 1
|SecPERSONS REQUIRED TO ATTEND SETTLEMENT CONFERENCE
Filing Requirements

Machine summary. Not checked yet.Mandatory?

No later than seven days prior to the conference, each party must submit a settlement conference statement via email in PDF format to ncpo@cand.uscourts.gov.

Summary: Settlement conference statement due 7 days prior via email PDF to ncpo@cand.uscourts.gov

Structured details unavailable. See the source text.

Filing Requirements

Machine summary. Not checked yet.Mandatory?

Each party must also serve its statement on opposing counsel.

Summary: Settlement conference statement must be served on opposing counsel

Document Type

Settlement Conference Statement

Specific requirements detailed in rule text.
Filing Requirements

Machine summary. Not checked yet.Mandatory?

No later than seven days prior to the conference, each party must submit a settlement conference statement via email in PDF format to ncpo@cand.uscourts.gov. Each party must also serve its statement on opposing counsel. The statement must not be filed in ECF. The statement must include: (a) the identity of the attorney(s) and clients attending the settlement conference; (b) a brief statement of the facts of the case; (c) a brief statement of the claims and defenses raised, including statutory or other grounds upon which the claims are founded; (d) a candid evaluation of the parties' likelihood of prevailing on the claims and defenses; (e) a candid evaluation of the strengths and weaknesses of the parties' respective positions; (f) a summary of the proceedings to date; (g) a listing of all pending motions; (h) the relief sought; (i) the party's position on settlement, including present demands, offers, and a history of past settlement discussions.

Summary: Settlement conference statement due 7 days prior via email PDF to ncpo@cand.uscourts.gov with 9 required elements

Structured details unavailable. See the source text.

Filing Requirements

Machine summary. Not checked yet.Important?

The parties may not attach declarations, exhibits, or proposed orders to the statement absent leave of Court.

Summary: No declarations, exhibits, or proposed orders may be attached to joint statement without leave of Court.

Document Type

Joint Statement

Specific requirements detailed in rule text.
Filing Requirements

Machine summary. Not checked yet.Note?

No further materials should be submitted to the Court unless requested.

Summary: No additional materials to Court unless specifically requested

Document Type

Settlement Conference

Specific requirements detailed in rule text.

Filing & Service rules

Adjournment & Extension Requirements

Zoom/telephone participation requests must be made within 7 days of referral

Requests for conference participation by Zoom or telephone must be made within 7 days after a settlement conference referral.

Machine summary. Not checked yet.

Page 1 | Requests for conference participation by Zoom or telephone

Settlement conference continuance requires ECF filing with compelling reason and opposition within 2 days if objected

A party seeking to continue a settlement conference must file a request in ECF as soon as possible after meeting and conferring with opposing counsel. The request must demonstrate a compelling reason for the continuance and state whether the opposing parties object to the continuance. Any party that objects to the continuance must file an opposition in ECF within two days of the filing date of the request.

Machine summary. Not checked yet.

Page 1 | A party seeking to continue a settlement conference

Chambers Communication Rules

Contact Lili Harrell for scheduling; settlement conferences held Tue/Thu/Fri at 9:30 AM

To coordinate scheduling, please contact courtroom deputy Lili Harrell at Lili_Harrell@cand.uscourts.gov or 408.535.5343. Settlement conferences typically are held on Tuesday, Thursday, and Friday at 9:30 a.m.

Machine summary. Not checked yet.

Page 1 | SCHEDULING

Contact Lili Harrell immediately if case settles before conference

Contact courtroom deputy Lili Harrell immediately if the case settles before the settlement conference.

Machine summary. Not checked yet.

Page 1 | Contact courtroom deputy Lili Harrell immediately if the case settles

About United States Magistrate Judge Nathanael Cousins

**Chief Magistrate Judge Nathanael Cousins** was appointed to the Northern District of California in 2011. Judge Cousins earned his undergraduate degree in Political Science from Stanford University and his law degree from UC Hastings College of the Law. He clerked for Chief Judge F.A. Little, Jr. of the U.S. District Court for the Western District of Louisiana. Prior to his judicial appointment, he served as an Assistant U.S. Attorney in both the San Jose and San Francisco offices and as an Antitrust Division Trial Attorney, prosecuting global price-fixing cartels in memory chip markets and coordinating Operation Ceasefire in Monterey County. He also practiced at Kirkland & Ellis in Chicago and at Greenberg Glusker in Los Angeles. **Education** - University of California, Hastings College of the Law, J.D. - Stanford University, B.A. in Political Science **Career** - Law Clerk to Hon. F.A. Little, Jr., Chief Judge, U.S. District Court, Western District of Louisiana - Litigation Associate, Greenberg Glusker, Los Angeles - Partner, Kirkland & Ellis, Chicago - Assistant U.S. Attorney, Northern District of California (San Jose and San Francisco) - Antitrust Division Trial Attorney, U.S. Department of Justice, San Francisco

**Courthouse:** Robert F. Peckham Federal Building & United States Courthouse, 280 South 1st Street, San Jose, CA 95113 **Chambers:** Courtroom 5, 4th Floor **Phone:** (408) 535-5343 **Chambers Staff** - Courtroom Deputy/Calendar Clerk: nccrd@cand.uscourts.gov

Common questions about Judge Nathanael Cousins's rules

What page or word limits apply to joint statement before Judge Nathanael Cousins?

Judge Nathanael Cousins' rule states these limits: 5 pages. Joint statement for unresolved discovery disputes limited to 5 pages.

View ruleSource: page 1, section DISCOVERY

What page or word limits apply to individual statement before Judge Nathanael Cousins?

Judge Nathanael Cousins' rule states these limits: 2 pages. If unable to file joint statement, each party may file individual statement limited to 2 pages.

View ruleSource: page 1, section DISCOVERY

What must be included with proposed order filings before Judge Nathanael Cousins?

The rule requires proposed order. Email Word format copies of stipulations and proposed orders to ncpo@cand.uscourts.gov on same day as e-filing.

View ruleSource: page 1, section PROPOSED ORDERS

What must be included with discovery dispute filings before Judge Nathanael Cousins?

The rule identifies required filing content or certificates. Discovery disputes require direct conversation (in person, phone, or video), not just written exchanges.

View ruleSource: page 1, section DISCOVERY

How may parties contact Judge Nathanael Cousins' chambers?

The rule addresses email communications with Judge Nathanael Cousins' chambers. The rule lists email Lili_Harrell@cand.uscourts.gov and phone 408.535.5343. Contact Lili Harrell for scheduling; settlement conferences held Tue/Thu/Fri at 9:30 AM

View ruleSource: page 1, section SCHEDULING

How do I request an adjournment or extension before Judge Nathanael Cousins?

Requests should be made at least 7 calendar days in advance when this rule applies before Judge Nathanael Cousins. Zoom/telephone participation requests must be made within 7 days of referral

View ruleSource: page 1, section Requests for conference participation by Zoom or telephone
Complete rules summary for Judge Nathanael Cousins

Email Word format copies of stipulations and proposed orders to ncpo@cand.uscourts.gov on same day as e-filing.

Discovery disputes require direct conversation (in person, phone, or video), not just written exchanges.

Joint statement for unresolved discovery disputes limited to 5 pages.

No declarations, exhibits, or proposed orders may be attached to joint statement without leave of Court.

If unable to file joint statement, each party may file individual statement limited to 2 pages.

Discovery statements must be filed in ECF under Civil Events > Motions: General > Discovery Letter Brief.

Joint statements for discovery disputes cannot include attachments without leave of court.

Joint statements for discovery disputes limited to 5 pages.

Contact Lili Harrell for scheduling; settlement conferences held Tue/Thu/Fri at 9:30 AM

Zoom/telephone participation requests must be made within 7 days of referral

Settlement conference continuance requires ECF filing with compelling reason and opposition within 2 days if objected

All parties must attend settlement conference in person with authorized representatives

Settlement conference statement due 7 days prior via email PDF to ncpo@cand.uscourts.gov with 9 required elements

Settlement conference statement due 7 days prior via email PDF to ncpo@cand.uscourts.gov

Settlement conference statement must be served on opposing counsel

No additional materials to Court unless specifically requested

Contact Lili Harrell immediately if case settles before conference

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