Judge Peter H. Kang
Individual Rules, Standing Orders & Policies
- Rules last changed:
Limits & Logistics
Document Limits
Courtesy Copies
Courtesy copies
Adjournments
- To reschedule a Planning Conference, counsel must meet and confer, identify two alternate dates, and contact the CRD as far in advance as possible.
- Requests to continue a Settlement Conference must be filed on ECF as soon as possible, include meet-and-confer, two alternative dates, compelling reason, and adversary position; original date remains unless ordered otherwise.
- Continuances granted only for good cause with focus on diligence and prejudice.
- +4 more
Request must include
- Case management conference may be continued 15 days after hearing on case-dispositive motion.
Request must include
- Remote conference appearance requires 2-week advance motion for administrative relief.
- Remote appearance requires motion for administrative relief filed 2 weeks in advance with good cause.
Communication
Chambers
Chambers
Chambers
Phone
Intake Unit
Chambers
Letter via ECF
Chambers
Page & Word Limits7 rules
Machine summary. Not checked yet.Mandatory?
Each Settlement Conference Statement shall comply with Civil L.R. 3-4(c) and shall not exceed ten (10) pages of text.
Summary: Settlement Conference Statements are limited to 10 pages of text.
Settlement Conference Statement
10 pages
Machine summary. Not checked yet.Mandatory?
The exhibits to a Settlement Conference Statement shall not exceed twenty (20) pages.
Summary: Exhibits to a Settlement Conference Statement are limited to 20 pages.
Exhibits
20 pages
Machine summary. Not checked yet.Mandatory?
Each Confidential Settlement Statement shall comply with Civil L.R. 3-4(c) and shall not exceed five (5) pages of text.
Summary: Confidential Settlement Statements are limited to 5 pages of text.
Confidential Settlement Statement
5 pages
Machine summary. Not checked yet.Mandatory?
If so, only four briefs will be allowed: (1) opening brief by the plaintiff side; (2) opposition brief by the defense side; (3) reply brief by the plaintiff side; (4) reply brief by the defense side.
Summary: Cross-motions for summary judgment limited to four briefs with specific sequence.
Brief
Machine summary. Not checked yet.Mandatory?
The first two briefs are limited to twenty-five (25) pages each; the third brief is limited to twenty (20) pages; and the fourth brief is limited to fifteen (15) pages.
Summary: Summary judgment briefs have specific page limits: 25, 25, 20, and 15 pages.
Structured details unavailable. See the source text.
Machine summary. Not checked yet.Mandatory?
The proposed schedule shall require that the fourth brief must be filed at least twenty-one (21) calendar days before the hearing date on the cross-motions.
Summary: Fourth brief must be filed at least 21 calendar days before hearing date.
Brief
Machine summary. Not checked yet.Mandatory?
Unless granted leave of Court, the joint letter shall not exceed five (5) pages, evenly divided between the Parties, and formatted with text at 12-point font or greater, single-spaced with reasonable margins, and line breaks between paragraphs.
Summary: Joint letter limited to 5 pages, 12-point font, single-spaced.
Joint Letter
5 pages
Document Filing Requirements36 rules
Machine summary. Not checked yet.Mandatory?
A Party’s Settlement Conference Statement must include the following: 1. A brief summary statement of the facts of the case. 2. A brief overview statement of the claims and defenses including, but not limited to, the statutory or other grounds upon which the claims or defenses are founded. 3. A brief description of the key factual and legal issues that are in dispute and a plain and concise statement of the specific evidence relevant to their determination. Portions of any exhibits relied upon by the Parties shall be referenced and highlighted. 4. A summary of the proceedings to date and any pending motions. 5. The relief sought, the basis for any damage calculations, and a description of any non-monetary relief sought or non-monetary components of any previously exchanged settlement offers or demands. 6. A list of the names, titles, and email addresses of all persons who will be attending the Settlement Conference on behalf of each Party. 7. Where a Party is a governmental or corporate entity, a description of which persons or entities must approve a proposed settlement agreement before it can be executed, whether such persons or entities (or their representative) will attend the Settlement Conference (and if not, whether they can or should), and a brief description of the nature and duration of that approval process.
Summary: Settlement Conference Statements must include specific content: facts summary, claims/defenses overview, key issues and evidence, proceedings summary, relief sought, attendee list, and for entities, approval process description.
Document Type
Settlement Conference Statement
Machine summary. Not checked yet.Mandatory?
All proposed amended complaints, answers, counterclaims, or other pleadings shall be filed contemporaneously with a separate red-line version of the amended document showing the changes made to the previously operative pleading.
Summary: Amended pleadings must include a red-line version showing changes.
Document Type
Amended Pleading
Machine summary. Not checked yet.Mandatory?
No changes to the Court’s schedule shall be made except by order of the Court. Parties seeking to continue hearings, request special status conferences, modify briefing schedules, or make any other procedural or scheduling changes shall submit a proposed order and fully executed stipulation explaining the need for the requested modification, or, if stipulation is not possible, a motion for administrative relief. See Civil L.R. 7-11.
Summary: Scheduling changes require proposed order with stipulation or motion for administrative relief.
Document Type
Motion
Machine summary. Not checked yet.Mandatory?
The Parties to an action shall file their joint case management conference statement no later than seven (7) calendar days in advance of the case management conference date. The statement must include all elements requested in the 'Standing Order for All Judges of the Northern District of California – Contents of Joint Case Management Statement.' See Civil L.R. 16-9.
Summary: Joint case management statement due 7 calendar days before conference.
Document Type
Joint Case Management Conference Statement
Machine summary. Not checked yet.Mandatory?
If a Party or counsel chooses to use an AI or other automated tool as part of a process for creating exhibits, demonstratives, or other material to be filed or presented to the Court, they shall only do so consistent with their ethical and legal obligations and shall use such tools responsibly and with competent training, knowledge, and understanding of the limitations and risks of such automated tools.
Summary: AI tools must be used responsibly with competent training and understanding of limitations.
Document Type
Exhibit
Machine summary. Not checked yet.Mandatory?
Any exhibit, demonstrative, or other material to be filed or presented to the Court which was created or drafted with any assistance or use of an AI tool shall be identified as such in its title or caption, in a table preceding the body of exhibit, demonstrative, or other material, or by a separate Notice filed contemporaneously with the document or material.
Summary: AI-generated exhibits must be identified in title/caption, table, or separate notice.
Document Type
Exhibit
Machine summary. Not checked yet.Mandatory?
A pro se party’s or a counsel’s failure to confirm or double-check the accuracy, veracity, or even existence of a basis for an assertion of fact or evidence created by an AI tool is grounds for potential sanctions.
Summary: Failure to verify AI-generated facts may result in sanctions.
Document Type
Exhibit
Machine summary. Not checked yet.Mandatory?
Parties and counsel shall not file, proffer, or otherwise present to the Court exhibits, demonstratives, or other evidentiary or factual material which contain AI-hallucinated assertions of fact, uncorroboratable statements as to factual matters or evidence, or any fictitious or non-existent references or citations to law or fact.
Summary: AI-hallucinated assertions, uncorroborated statements, and fictitious citations are prohibited.
Document Type
Exhibit
Machine summary. Not checked yet.Mandatory?
Counsel shall maintain records sufficient to identify, if requested by the Court, those portions of that exhibit, document, or material created or drafted by use of an AI tool.
Summary: Counsel must maintain records identifying AI-generated portions of exhibits.
Document Type
Exhibit
Machine summary. Not checked yet.Mandatory?
any proposed stipulation or proposed order in a case subject to electronic filing shall also be sent in Word format by email to PHKpo@cand.uscourts.gov.
Summary: Proposed stipulations/orders in e-filed cases must be emailed in Word format.
Document Type
Proposed Order
Machine summary. Not checked yet.Mandatory?
Each Party filing a motion shall also file and serve a proposed order that sets forth the relief or action sought and a short statement of the rationale of decision.
Summary: Each motion must include a proposed order with relief sought and rationale.
Document Type
Motion
Machine summary. Not checked yet.Mandatory?
If Parties submit excerpts of deposition transcripts in support of or opposition to a motion for summary judgment, they shall highlight the relevant portions for ease of reference.
Summary: Deposition transcript excerpts must highlight relevant portions for summary judgment motions.
Document Type
Summary Judgment Motion
Machine summary. Not checked yet.Mandatory?
Briefing shall comply with Civil Local Rules 7-2 through 7-5.
Summary: Briefing must comply with Civil Local Rules 7-2 through 7-5.
Document Type
Brief
Machine summary. Not checked yet.Mandatory?
If a Party or counsel seeks to file or otherwise present to the Court any such AI-generated evidentiary material, no such material shall be considered unless previously disclosed or produced timely in discovery
Summary: AI-generated evidence must be disclosed in discovery to be considered
Document Type
Evidence
Machine summary. Not checked yet.Mandatory?
Counsel shall maintain records sufficient to identify, if requested by the Court, those portions of the text of a pleading, brief, or document submitted to the Court which was created or drafted by an AI tool.
Summary: Must maintain records identifying AI-generated portions of documents
Document Type
Brief
Machine summary. Not checked yet.Mandatory?
Separate statements of proposed undisputed facts and/or conclusions of law are prohibited, and thus, will not be considered by the Court.
Summary: Separate statements of undisputed facts or conclusions of law are prohibited.
Document Type
Summary Judgment Motion
Machine summary. Not checked yet.Mandatory?
For motions to seal, any Party who submits a request to file a document or material under seal pursuant to Civil Local Rule 79-5 shall include a statement to inform the Court: (1) whether the...
Summary: Motions to seal must include statement about sealing request under Civil Local Rule 79-5.
Document Type
Motion To Seal
Machine summary. Not checked yet.Mandatory?
A pro se party or a counsel's failure to confirm or double-check the accuracy, veracity, or even existence of a case or legal citation (or assertion of fact) created by an AI tool is grounds for potential sanctions.
Summary: Failure to verify AI-generated citations is grounds for sanctions
Document Type
Brief
Machine summary. Not checked yet.Mandatory?
Any brief, pleading, or other document submitted to the Court the text of which was created
Summary: AI-generated documents must include disclosure in table or separate notice
Document Type
Brief
Machine summary. Not checked yet.Mandatory?
All motions and declarations shall be filed as separate documents. This includes motions and declarations e-filed with the Court. All exhibits to motions should be separately filed on ECF.
Summary: Motions, declarations, and exhibits must be filed as separate ECF documents.
Document Type
Motion
Machine summary. Not checked yet.Mandatory?
Parties and counsel shall not file or otherwise present to the Court any briefs, pleadings, materials, other documents, or argument which contain AI-hallucinated citations to law, case or legal citations which are fictitious or non-existent, or any uncorroboratable assertions of law or fact.
Summary: Prohibited from filing AI-hallucinated citations or uncorroboratable assertions
Document Type
Brief
Machine summary. Not checked yet.Mandatory?
Contemporaneous with the production or disclosure of any such AI-generated evidentiary material, counsel shall serve a Notice to the opposing Party or side identifying such material with sufficient specificity to locate it
Summary: Must serve notice identifying AI-generated evidence to opposing party
Document Type
Evidence
Machine summary. Not checked yet.Mandatory?
Before the first brief is filed, the Parties shall submit a stipulation and proposed order setting a briefing schedule for the cross-motions and a general, one-sentence description of the subject matter of each of the cross-motions.
Summary: Parties must submit stipulation and proposed order with briefing schedule and subject matter description before first brief.
Document Type
Summary Judgment Motion
Machine summary. Not checked yet.Mandatory?
Any proposed order should be filed contemporaneously with the motion or opposition.
Summary: Proposed orders must be filed with the motion or opposition.
Document Type
Motion
Machine summary. Not checked yet.Mandatory?
Plaintiff (or in the case of removed cases, any removing Defendant) is directed: (a) to serve copies of this Standing Order upon all other Parties to the action within seven (7) calendar days of the appearance of these other Parties, including any subsequently joined Parties, pursuant to Fed. R. Civ. P. 4 and 5; and (b) to file with the Clerk of the Court a certificate reflecting such service, in accordance with Civil L.R. 5-5.
Summary: Plaintiff must serve copies of Standing Order to all parties within 7 days and file certificate of service.
Document Type
Standing Order
Machine summary. Not checked yet.Mandatory?
Deposition objections shall be as to privilege or form only. Speaking objections or those calculated to coach a deponent are prohibited.
Summary: Deposition objections limited to privilege or form only; speaking objections prohibited.
Document Type
Deposition
Machine summary. Not checked yet.Mandatory?
Private conferences between deponents and attorneys in the course of interrogation, including a line of related questions, are improper and prohibited except for the sole purpose of determining whether a privilege should be asserted.
Summary: Private conferences between deponents and attorneys during interrogation are prohibited except to determine privilege.
Document Type
Deposition
Machine summary. Not checked yet.Mandatory?
Counsel may not instruct a deponent not to answer a question except when necessary to preserve a privilege, to enforce a limitation directed by the Court, or to present a motion under Fed. R. Civ. P. 30(d)(3).
Summary: Counsel may only instruct deponent not to answer to preserve privilege, enforce court limitation, or under Rule 30(d)(3).
Document Type
Deposition
Machine summary. Not checked yet.Mandatory?
As soon as a Party has notice of this Standing Order, the Party shall take such affirmative steps as are necessary to preserve evidence related to the issues presented by the action.
Summary: Parties must take affirmative steps to preserve evidence upon notice of this Standing Order.
Document Type
Document Production
Machine summary. Not checked yet.Mandatory?
Except for good cause, no item will be received in evidence if the proponent failed to produce that item during the fact discovery period in the face of a reasonably specific and proper discovery request seeking production of that item or in the face of an obligation to disclose that item under Fed. R. Civ. P. 26(a).
Summary: Items not produced during fact discovery cannot be used as evidence except for good cause.
Document Type
Evidence
Machine summary. Not checked yet.Mandatory?
Within five (5) business days of the in-person meeting between lead trial counsel referred to above, the Parties shall jointly file a detailed letter with the Court which will include an identification of the matters remaining in dispute, a detailed substantive description of each side's position on each such issue, and a description of each side's proposed compromise on each such issue.
Summary: Parties must jointly file detailed letter within 5 business days after meet and confer.
Document Type
Joint Letter
Machine summary. Not checked yet.Important?
Each Party’s Confidential Settlement Statement shall include the following: 1. Separately for each principal claim and defense, a brief, forthright evaluation of the strengths and weaknesses and likelihood that the Party submitting the Confidential Settlement Statement will prevail. Citations to any key legal authorities relied upon by the Parties as part of this evaluation shall be provided. 2. An estimate of out-of-pocket expenses, attorneys' fees, and time: (a) spent to date and (b) to be expended for further discovery, pretrial preparation, and trial. If plaintiff seeks attorneys' fees and costs, counsel shall be prepared at the Settlement Conference to provide sufficient information to enable the fee claim to be evaluated for settlement purposes. 3. A history of any ongoing or past settlement discussions (without revealing communications, if any, whose disclosure to a settlement judge is prohibited by applicable law), a description of the principal impediments (factual, legal, or other) to reaching agreement to date, and the reasons the Parties' assessments of the settlement value of the case differ. 4. A realistic settlement figure or terms (including any non-monetary terms) that, given all the circumstances, the Party submitting its Confidential Settlement Statement would consider seriously. 5. Where the Party is insured or is a governmental entity, any foreseeable barriers to insurance coverage or approval of a proposed settlement, or special concerns that the insurer or governmental entity has raised or could foreseeably anticipate to be a topic of discussion. 6. A brief discussion of any of the subjects identified in Section B of this Order which that Party believes would be significant in the settlement dynamic.
Summary: Confidential Settlement Statements must include six specific content elements: case evaluation, expense estimate, settlement discussion history, realistic settlement figure, insurance/government barriers, and discussion of Section B subjects.
Document Type
Confidential Settlement Statement
Machine summary. Not checked yet.Important?
Absent agreement of the Parties, or unless otherwise ordered by the Court, each Party should designate one attorney to conduct that Party’s examination of a fact witness deponent.
Summary: Each party should designate one attorney to conduct witness examination unless otherwise agreed or ordered.
Document Type
Deposition
Machine summary. Not checked yet.Important?
A Party or counsel may be subject to sanctions if they abuse this emergency discovery dispute process, or if they consistently impede, or otherwise unreasonably delay, the fair examination of a deponent.
Summary: Abuse of emergency discovery dispute process or unreasonable delay may result in sanctions.
Document Type
Deposition
Machine summary. Not checked yet.Note?
Joint statements of undisputed facts are encouraged and should be filed if agreed upon.
Summary: Joint statements of undisputed facts are encouraged if parties agree.
Document Type
Summary Judgment Motion
Machine summary. Not checked yet.Note?
Each Party opposing a motion may file and serve a proposed order (with a short statement of the rationale of decision) if that Party seeks a specific ruling by the Court other than mere denial of the motion.
Summary: Opposing parties may file proposed orders if seeking specific rulings beyond denial.
Document Type
Opposition
Filing & Service rules
Electronic Filing Rules
Hard copies of Settlement Conference Statements or exhibits must not be lodged with Chambers.
Hard copies of Settlement Conference Statements or their exhibits shall not be lodged with Chambers, unless otherwise ordered by the Court.
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Page 3 | C. SETTLEMENT CONFERENCE STATEMENTS
Settlement Conference Statements must be lodged with Chambers by email to PHKsettlement@cand.uscourts.gov no later than 10 business days before the conference.
No later than ten (10) business days prior to the Settlement Conference, counsel for each Party (or each individual Party representing themselves pro se) shall lodge with Chambers their Party’s Settlement Conference Statement by emailing a .pdf of their Party’s Settlement Conference Statement to PHKsettlement@cand.uscourts.gov.
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Page 3 | C. SETTLEMENT CONFERENCE STATEMENTS
Settlement Conference Statements must not be filed with the Court, either manually or via ECF.
Settlement Conference Statements shall not be filed (manually or electronically using ECF) with the Court.
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Page 3 | C. SETTLEMENT CONFERENCE STATEMENTS
Confidential Settlement Statements must not be filed with the Court clerk, either manually or via ECF.
Confidential Settlement Statements shall not be filed (manually or electronically using ECF) with the Court clerk.
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Page 4 | D. CONFIDENTIAL SETTLEMENT STATEMENTS
Confidential Settlement Statements must be lodged with Chambers by email to PHKsettlement@cand.uscourts.gov no later than 10 business days before the conference.
No later than ten (10) business days prior to the Settlement Conference, counsel for each Party (or each individual Party representing themselves pro se) shall lodge with Chambers their Party’s Confidential Settlement Statement by emailing a .pdf of their Party’s Confidential Settlement Statement to PHKsettlement@cand.uscourts.gov.
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Page 4 | D. CONFIDENTIAL SETTLEMENT STATEMENTS
Confidential Settlement Statements and exhibits must not be lodged with Chambers unless the Court orders otherwise.
Confidential Settlement Statements or their exhibits shall not be lodged with Chambers, unless otherwise ordered by the Court.
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Page 5 | C. SETTLEMENT CONFERENCE STATEMENTS
Continuance requests must be filed electronically on ECF.
Any request to continue a scheduled Settlement Conference must be filed on ECF
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Page 7 | F. SETTLEMENT CONFERENCE
Service and Proof of Service Rules
Plaintiff must serve the Settlement Conference Standing Order on all other parties within 5 business days of referral.
Within five (5) business days of any Notice, Order, Stipulation, or other determination referring a case to Judge Kang for settlement, the plaintiff in such case shall serve a copy of this Settlement Conference Standing Order on all other Parties in that case.
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Page 1 | INTRODUCTION
Counsel must serve a copy of the Settlement Conference Statement on all other parties.
Counsel shall serve a copy of the Settlement Conference Statement on all other Parties.
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Page 3 | C. SETTLEMENT CONFERENCE STATEMENTS
Confidential Settlement Statements must not be served on other parties.
The Confidential Settlement Statements shall not be served upon the other Parties.
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Page 5 | C. SETTLEMENT CONFERENCE STATEMENTS
Courtesy Copy Requirements
No paper courtesy copies; email as-filed documents and Word format stipulations/orders to PHKpo@cand.uscourts.gov.
Pursuant to General Order 78, no paper or hard courtesy copies will be accepted by Judge Kang pending further order of the Court. Instead, courtesy copies of as-filed documents may be emailed to PHKpo@cand.uscourts.gov. In addition, any proposed stipulation or proposed order in a case subject to electronic filing shall be sent in Word format by email to PHKpo@cand.uscourts.gov. This address is to be used only for these purposes, unless otherwise directed by the Court.
Machine summary. Not checked yet. · Civil cases
Page 3 | V. CHAMBERS COPIES
Sealing & Redaction Procedures
Do not submit redacted versions as chambers copies for sealed documents.
Parties shall not submit redacted versions of the documents that they seek to seal as chambers copies.
Machine summary. Not checked yet. · Civil cases
For sealed filings, provide docket numbers and email unredacted chambers copy with confidential material highlighted.
so, provide the docket numbers of the request and order on the request, and identify whether the request was granted or denied. Parties shall also submit by email to PHKpo@cand.uscorts.gov a complete unredacted chambers copy of any brief or supporting papers lodged under seal with all confidential material highlighted or otherwise clearly indicating which portions the Parties seek to seal.
Machine summary. Not checked yet. · Civil cases
Pre-Motion Conference Requirements
Parties must meet and confer 45 days before end of fact discovery to determine cross-motions.
Unless otherwise ordered, the Parties shall meet and confer no later than forty-five (45) calendar days before the end of fact discovery to determine if they will file cross-motions for summary judgment.
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Discovery dispute motions require prior leave of court.
Except as specifically set forth herein, no motions regarding discovery disputes may be filed without prior leave of the Court.
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Page 5 | H. DISCOVERY DISPUTES
Adjournment & Extension Requirements
Requests to continue a Settlement Conference must be filed on ECF as soon as possible, include meet-and-confer, two alternative dates, compelling reason, and adversary position; original date remains unless ordered otherwise.
Any request to continue a scheduled Settlement Conference must be filed on ECF as soon as possible and as far in advance of the scheduled date as possible. A Party requesting a continuance shall (1) meet and confer with counsel for the other Parties to discuss the request and, if agreed, identify at least two mutually agreeable proposed alternate dates for the Settlement Conference and then (2) immediately contact Judge Kang’s CRD at PHKCRD@cand.uscourts.gov to submit the request for rescheduling and the proposed alternative dates, all to be accomplished as far in advance of the scheduled date as possible. The request must demonstrate a compelling reason for a continuance and state whether it is joined or opposed by the other Party(ies). The original Settlement Conference date will remain on calendar and the Parties must appear on that date unless otherwise ordered by the Court.
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Page 7 | F. SETTLEMENT CONFERENCE
Remote appearance requires motion for administrative relief filed 2 weeks in advance with good cause.
Permission for a Party to attend by remote means (e.g., videoconference/Zoom or telephone) may be granted, in the Court’s discretion and on a case-by-case basis, only if a Party files a motion for administrative relief at least two (2) weeks in advance of the motion hearing should the Court determine that good cause exists to excuse personal attendance and that personal attendance is not needed in order to have an effective hearing.
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Page 12 | D. Motion Hearings
Good cause must be supported by sworn declarations.
The facts establishing good cause must be set forth in the motion for administrative relief and supported by declaration(s) under oath establishing those facts.
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Page 12 | D. Motion Hearings
Remote conference appearance requires 2-week advance motion for administrative relief.
Subject to the Court’s calendar, the Court generally encourages in-person appearances for case management, status, and pretrial conferences. Permission for a Party to attend by remote means (e.g., videoconference/Zoom or telephone) may be granted, in the Court’s discretion and on a case-by-case basis, only upon a Party’s filing a motion for administrative relief at least two (2) weeks in advance of the conference should the Court determine that good cause exists to excuse personal appearance.
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Conference continuances require court order, not party stipulation.
No scheduled or noticed case management, status, or pretrial conference will be continued by stipulation or agreement of the Parties alone. Noticed conference dates may be continued only as ordered by the Court.
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Case management conference may be continued 15 days after hearing on case-dispositive motion.
If a Party files a motion that would be dispositive of the entire case (e.g., a motion to dismiss or remand), the Parties may file a stipulation and proposed order to continue the initial case management conference to fifteen (15) calendar days after the hearing on that case-dispositive motion.
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To reschedule a Planning Conference, counsel must meet and confer, identify two alternate dates, and contact the CRD as far in advance as possible.
Counsel for a Party requesting to reschedule a Planning Conference shall (1) meet and confer with counsel for the other Parties to identify at least two mutually agreeable proposed alternate dates for the Planning Conference and then (2) immediately contact Judge Kang’s CRD at PHKCRD@cand.uscourts.gov to submit the request for rescheduling and the proposed alternative dates, all to be accomplished as far in advance of the noticed date as possible.
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Page 1 | A. PRE-SETTLEMENT PLANNING CONFERENCE
Continuances granted only for good cause with focus on diligence and prejudice.
Continuances are generally disfavored and will be granted only upon a showing of good cause, with a particular focus on diligence (or lack thereof) by the Party seeking the continuance and prejudice that may result if the continuance is denied (or granted).
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Page 3 | III. AMENDED PLEADINGS
Administrative relief motions must be filed sufficiently in advance of deadlines.
A Party seeking to enlarge a filing deadline or other matter by way of a motion for administrative relief is admonished to file such a motion sufficiently in advance of the filing deadline sought to be enlarged to allow time for any opposition to be filed under Civil Local Rule 7-11(b), and to allow time for the Court to review prior to the original deadline, rather than at the last minute (such as only a day or two before a brief or other matter is due).
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Page 3 | III. AMENDED PLEADINGS
Remote appearance generally denied for Bay Area residents within 100 miles of courthouse.
Absent compelling circumstances, the Court will generally not grant a motion for administrative relief to appear by videoconference or telephonically for Parties or counsel who reside or have an office located within any of the Bay Area counties (Alameda, Contra Costa, Marin, Napa, San Francisco, San Mateo, Santa Clara, and Sonoma) or are otherwise located within 100 miles of the courthouse.
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Page 12 | D. Motion Hearings
Moving party cannot appear remotely on their own motion.
In addition, the Court will not generally grant a motion for administrative relief to appear remotely made by the moving Party on any motion that is the subject of the hearing.
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Page 12 | D. Motion Hearings
Chambers Communication Rules
Counsel must provide names and email addresses of attending attorneys to the CRD within 5 business days of the Clerk's Notice.
Within five (5) business days of receiving the Clerk’s Notice (or any other deadline as otherwise set by the Court), counsel for each Party shall provide to the undersigned’s Courtroom Deputy (“CRD”) the names and email addresses of the attorney(s) who will attend the Planning Conference for that Party; without these email addresses, a Zoom Invitation to join the Planning Conference cannot be sent.
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Page 1 | A. PRE-SETTLEMENT PLANNING CONFERENCE
Parties must immediately notify chambers via email at PHKsettlement@cand.uscourts.gov if the case settles.
The Parties shall notify chambers immediately at PHKsettlement@cand.uscourts.gov if the case settles, particularly if any settlement is prior to the date of either the Planning Conference or the Settlement Conference.
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Page 7 | F. SETTLEMENT CONFERENCE
All counsel must be fully apprised and authorized to respond to court settings.
All counsel listed on the Parties’ pleadings and briefing must be fully apprised of the status of the pending matter and must be authorized to respond to calendar settings and modifications to the case schedule entered by the Court.
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Page 2 | IV. SCHEDULING HEARINGS AND CONFERENCES
Civil motions must be noticed according to Civil Local Rules.
The Parties should notice civil motions for hearing in accordance with the Civil Local Rules (however, with respect to discovery disputes, counsel should review and follow the procedure in Judge Kang’s Standing Order for Discovery in Civil Cases).
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Page 2 | IV. SCHEDULING HEARINGS AND CONFERENCES
All litigants must appear in person unless otherwise ordered.
The availability of the civil calendar on Zoom does not constitute a hybrid hearing. All litigants must appear in person unless otherwise ordered by the Court.
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Page 2 | IV. SCHEDULING HEARINGS AND CONFERENCES
Parties shall not attempt to make ex parte contact.
Parties (including their counsel) shall not attempt to make ex parte contact
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Page 2 | IV. SCHEDULING HEARINGS AND CONFERENCES
Letters to court prohibited except for discovery disputes; all communications must be in pleading form filed with clerk.
With the exception of discovery disputes (see Judge Kang’s Standing Order for Discovery in Civil Cases), or unless expressly permitted by the Court, Parties shall not submit letters to the Court, and any communication with the Court must be in pleading form filed manually or e-filed with the Clerk of Court, including but not limited to status reports, requests for continuances, and requests for remote appearances.
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Page 3 | III. AMENDED PLEADINGS
Ex parte contact with Judge Kang or chambers staff is prohibited via any means.
Additionally, Parties shall not attempt to make ex parte contact with Judge Kang or his chambers staff by telephone, email, facsimile, text message, messaging app, or any other means.
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Page 13 | XI. COMMUNICATIONS WITH JUDGE KANG’S STAFF
Parties cannot communicate with court staff or email requests for extensions, remote appearances, or status updates.
Unless ordered otherwise by the Court, Parties are not to participate in communications with Court staff. Parties are not to email requests seeking extensions of dates, remote appearances, or status updates on cases. Any email correspondence which is not requested by the Court will be ignored.
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Page 13 | XI. COMMUNICATIONS WITH JUDGE KANG’S STAFF
Parties must comply with settlement conference standing order and notify chambers by email if case settles, especially before hearings or deadlines.
Parties and their counsel are directed to review and comply with Judge Kang’s Settlement Conference Standing Order. Parties are encouraged to engage in or continue any ongoing settlement negotiations throughout the course of an action. The Parties shall notify chambers promptly by email at PHKsettlement@cand.uscourts.gov if their case settles, particularly if any settlement is prior to a noticed hearing, trial, or other court deadline.
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Page 13 | VIII. SETTLEMENT
Scheduling questions must be emailed to PHKCRD@cand.uscourts.gov.
Parties should address all questions regarding scheduling to Judge Kang’s CRD via email at PHKCRD@cand.uscourts.gov.
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Page 13 | XI. COMMUNICATIONS WITH JUDGE KANG’S STAFF
For immediate deposition disputes, parties may request telephonic conference with Judge Kang's CRD at PHKCRD@cand.uscourts.gov.
If a dispute arises during a deposition which requires immediate attention by the Court, and which involves a persistent obstruction of the deposition or a refusal to answer a question in violation of this Standing Order, Parties may request a telephonic conference with the Court through Judge Kang’s Courtroom Deputy (“CRD”) at PHKCRD@cand.uscourts.gov.
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Page 3 | DEPOSITIONS
No ex parte contact with Judge Kang or chambers staff allowed.
Parties shall not attempt to make ex parte contact with Judge Kang or his chambers staff by telephone, email, facsimile, text message, messaging app, or any other means.
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Page 11 | NO EX PARTE CONTACT
The email address PHKsettlement@cand.uscourts.gov may only be used for submitting settlement conference statements.
This email address shall not be used for other purposes unless otherwise ordered by the Court.
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Page 3 | C. SETTLEMENT CONFERENCE STATEMENTS
Contact CRD via email at PHKCRD@cand.uscourts.gov to submit continuance request and alternative dates.
immediately contact Judge Kang’s CRD at PHKCRD@cand.uscourts.gov to submit the request for rescheduling and the proposed alternative dates
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Page 7 | F. SETTLEMENT CONFERENCE
Avoid mobile phones, speakerphones, public phones, and devices in public places for remote hearings.
To ensure the quality of the record, the Parties should avoid the use of mobile phones, speakerphones, public telephone booths, or the use of laptops, tablets, or cellphones in other public places.
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Page 12 | D. Motion Hearings
For scheduling questions, contact the CRD at PHKCRD@cand.uscourts.gov.
For scheduling questions, contact Judge Kang’s CRD at PHKCRD@cand.uscourts.gov.
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Page 1 | A. PRE-SETTLEMENT PLANNING CONFERENCE
Case Management Conferences are on Wednesdays at 11:00 a.m.
Case Management Conferences are held on Wednesdays at 11:00 a.m.
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Page 2 | IV. SCHEDULING HEARINGS AND CONFERENCES
Civil Law and Motion hearings are on Thursdays at 1:30 p.m. (2:30 p.m. when on criminal duty).
Civil Law and Motion is generally heard on Thursdays at 1:30 p.m. unless otherwise ordered by the Court. When Judge Kang is on criminal duty, Civil Law and Motion is heard on Thursdays at 2:30 p.m. or as otherwise ordered by the Court.
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Page 2 | IV. SCHEDULING HEARINGS AND CONFERENCES
Check Judge Kang’s calendar before noticing civil motions.
Counsel need not reserve hearing dates but should check Judge Kang’s calendar (at https://www.cand.uscourts.gov under “Calendar” and “Judges’ Weekly Calendars”) before noticing civil motions for hearing to confirm the Court’s availability.
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Page 2 | IV. SCHEDULING HEARINGS AND CONFERENCES
Pretrial Conferences are on Wednesdays at 1:30 p.m.
Pretrial Conferences are held on Wednesdays at 1:30 p.m.
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Page 2 | IV. SCHEDULING HEARINGS AND CONFERENCES
Criminal Law and Motion hearings are on Tuesdays at 1:30 p.m.
Criminal Law and Motion is heard on Tuesdays at 1:30 p.m.
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Page 2 | IV. SCHEDULING HEARINGS AND CONFERENCES
Noticed dates may be reset by the Court as needed.
Noticed dates may be reset by the Court as Judge Kang’s calendar requires or as otherwise ordered by the Court.
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Page 2 | IV. SCHEDULING HEARINGS AND CONFERENCES
Remote appearance requires contacting Judge Kang's Courtroom Deputy by email.
If a request to appear by remote means is granted, the Party granted remote appearance must contact Judge Kang’s Courtroom Deputy by email for specific instructions on appearing remotely.
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Page 12 | D. Motion Hearings
Pro se litigants should review court website resources and may contact Legal Help Center at (415) 782-8982.
Parties representing themselves are encouraged to review the information and resources provided for pro se litigants contained on the Northern District of California website. Parties may access this information by clicking the “PRO SE LITIGANTS” link located at the top of the Court’s homepage: http://www.cand.uscourts.gov. Legal assistance may also be available to unrepresented litigants through the Legal Help Center, located in Room 2796 on the 15th Floor of the San Francisco Courthouse. Additional information about the program is available in the “Pro Se Litigants” section of the Court’s website or can be obtained by calling (415) 782-8982.
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Page 13 | IX. UNREPRESENTED (PRO SE) LITIGANTS
Parties may indicate preferred pronouns/honorifics confidentially via email or non-confidentially via docket filing, hearing, or pleadings.
Litigants and lawyers may indicate their preferred pronouns (e.g., she/her, he/him, they/their) and honorifics (e.g., Mr., Ms., Mx., Dr.) either: (a) confidentially by sending a confidential email to PHKpo@cand.uscourts.gov or mailing a confidential letter to Judge Kang’s chambers; or (b) by making such request non-confidentially by filing a request on the case docket, indicating as such verbally at a hearing or conference with the Court, or by adding such information in the name block or signature block of the pleadings.
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Page 13 | X. MODE OF ADDRESS
Contact Judge Kang's CRD by email for remote appearance instructions if granted.
If a motion for administrative relief to appear by remote means is granted, the Party granted remote appearance must contact Judge Kang’s CRD by email for specific instructions on appearing remotely.
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Scheduling questions should be emailed to Judge Kang's CRD at PHKCRD@cand.uscourts.gov.
Parties should address all questions regarding scheduling to Judge Kang's CRD via email at PHKCRD@cand.uscourts.gov.
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Page 11 | NO EX PARTE CONTACT
Junior Lawyer Participation Incentives
Court encourages permitting less experienced lawyers to present at Planning and Settlement Conferences, and may allow multiple lawyers to present.
The Court strongly encourages Parties to permit less experienced lawyers, including lawyers from historically under-represented groups and/or First Generation lawyers, to actively participate in the proceedings by presenting a Party’s positions at the Planning Conference and the Settlement Conference. The Court is amenable to permitting a number of lawyers to present a Party’s positions if this creates an opportunity for such lawyers to participate.
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Page 8 | G. PRACTICE DEVELOPMENT FOR MEMBERS OF THE BAR
Firms with >25 lawyers must submit junior lawyer development plan in case management statement.
In the joint case management conference statement, any law firm with more than 25 lawyers nationwide shall submit a specific plan for how that firm intends, in this case, to provide opportunities for less experienced lawyers (six years or less out of law school) to develop skills by participating meaningfully in court and in the case, including a plan for such lawyers to argue motions in court, to take and defend depositions, to represent a Party in court at case management and other conferences, to present Party positions at settlement conferences, to present argument during pretrial conferences and during trial, to examine (including cross-examine) witnesses at trial, and to participate meaningfully at any other court proceeding. Specific junior lawyers shall be identified.
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Page 4 | IV. SCHEDULING HEARINGS AND CONFERENCES
Parties must indicate if less experienced lawyer will argue motion and may request in-person hearing.
Parties shall indicate in their motion or opposition papers (or by a separate notice filed contemporaneously therewith) if they intend to have a less experienced lawyer argue all or part of the motion and may request an in-person hearing for that purpose.
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Page 12 | D. Motion Hearings
Court encourages senior lawyers to allow junior/less experienced lawyers to participate actively in proceedings.
The Court strongly encourages Parties and senior lawyers to permit less experienced lawyers, including lawyers from historically under-represented groups and/or First Generation lawyers, to participate actively in proceedings by presenting argument or a Party’s positions at a case management conference, motion hearing, settlement conference, pretrial conference, or at trial. The Court is amenable to permitting a number of lawyers to present positions or argue for one Party if this creates an opportunity for such lawyers to participate.
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Page 13 | XII. PRACTICE DEVELOPMENT FOR MEMBERS OF THE BAR