***Please contact Judge Davila's Courtroom Deputy, Cheré Robinson at ejdcrd@cand.uscourts.gov or 408.535.5356 for further assistance.  Ex Parte communication with chambers is not permitted. ***
 

SCHEDULING NOTES FOR JUDGE EDWARD J. DAVILA
 

***For information regarding accessing Judge Davila’s hearings that are set as Zoom Webinars, please follow this link:  https://apps.cand.uscourts.gov/telhrg/

If you experience problems while trying to connect to the Zoom hearing, please see these instructions:  https://www.cand.uscourts.gov/zoom/.  Counsel is advised that Court staff will not be available to assist with Zoom troubleshooting at the time of the hearing.  Counsel is encouraged to test their Zoom connectivity prior to the hearing.

Zoom access information for hearings:

https://cand-uscourts.zoomgov.com/j/1604896302?pwd=b0ZTckVxODFCMm1rcjRvSGFMMjVRUT09

Webinar ID: 160 489 6302
Password: 544953

Dial(for higher quality, dial a number based on your current location):

US: +1 669 254 5252__ or +1 646 828 7666
Webinar ID: 160 489 6302
Password: 544953

International numbers available:  https://cand-uscourts.zoomgov.com/u/ac44AOYIk1

Or an H.323/SIP room system:

H.323: 161.199.138.10 (US West) or 161.199.136.10 (US East)
Meeting ID: 160 489 6302
Password: 544953

SIP:  1604896302@sip.zoomgov.com
Password: 544953

For important information and guidance on technical preparation, please see https://www.cand.uscourts.gov/zoom/.

Any civil and criminal matters that will be held telephonically will be held via AT&T Teleconference.  All parties, members of the press or public should dial-in ten minutes prior to the hearing.  1 (888) 273-3658 ; Access Code: 1096091.

Courtroom 4, 5th Floor
280 South First Street
Courtroom 4, 5th Floor, San Jose

Additional information can be found under Judge Davila’s Scheduling Orders:  http://cand.uscourts.gov/ejdorders

Judge Davila's Law and Motion are scheduled on available calendar dates as follows:

I. CIVIL MOTIONS

Civil Motions are scheduled on THURSDAYS at 9:00 AM – by RESERVATION ONLY.

To reserve a hearing date please contact Judge Davila’s Courtroom Deputy, Cheré Robinson via email at ejdcrd@cand.uscourts.gov or by telephone at (408) 535-5356.  Once your matter is reserved for hearing, your motion should be noticed in accordance with the Federal Rules of Civil Procedure and the Local Civil Rules.  If the respective party fails to file the anticipated motion within 2-weeks after reserving a hearing date or in accordance with the Federal and Local Rules, the reserved calendar date will be vacated without further notice to the parties.

PLEASE NOTE:  Please also refer to Judge Davila’s Standing Order re Civil Cases.  Judge Davila does not issue tentative rulings on upcoming matters.  Any matters that are taken under submission by the Court are submitted until further Order of the Court (L.R. 7-1(b)).

Certificate of Unavailability (L.R. 1-5(p)) for 2022

Judge Davila is unavailable the following dates:

February 22 and 23
April 29
May 2-6
May 24 and 25
May 31
June 1-3
July 18-22
August 17 and 18
 

All counsel is hereby given notice that such absence constitutes a Certificate of Unavailability, pursuant to Civil Local Rule 1-5(p).

If urgency requires, counsel in any case assigned or referred to the Honorable Edward J, Davila may request a hearing before the General Duty Judge pursuant to Civil Local Rule 7-1(c).

Please check back for updates as unavailability dates are updated frequently.

Court Holidays 2022:

Friday, January 1 New Year’s Day
Monday, January 17 Birthday of Martin Luther King, Jr.
Monday, February 21 Presidents Day
Monday, May 30 Memorial Day
Monday, June 20 Juneteenth Independence Day (observed)
Monday, July 4 Independence Day 
Monday, September 5 Labor Day
Monday, October 10 Columbus Day
Friday, November 11 Veterans Day
Thursday, November 24 Thanksgiving Day
Monday, December 26 Christmas Day (observed)

II. CASE MANAGEMENT AND PRETRIAL CONFERENCES

Civil Case Management Conferences and Pretrial Conferences are scheduled for THURSDAYS at 10:00 AM and 11:00 AM, respectively.

III. CRIMINAL MATTERS

Criminal matters are set on Mondays at 1:30 PM.

PLEASE NOTE:

1.  Draft (unsigned) versions of the proposed plea agreement should be submitted to the Courtroom Deputy not less than 72 hours from the scheduled hearing.

2.  Judge Davila does not use the Court’s “Guilty Plea Application and Order” form for individuals wishing to plea open (e.g., without a plea agreement).  The court will hold voir dire of the defendant re: change of plea in the normal course.

3.  Stipulation/Proposed Orders to continue hearing deadline is Wednesday PRIOR to the Monday hearing OR not less than 72 hours from the scheduled hearing.

IV. TRIAL SCHEDULING

Jury Selection: Tuesdays at 9:00 AM - 12:00 PM

Jury Trial:  Tuesdays, Wednesdays and Fridays from 9:00 AM to 4:00 PM

PLEASE NOTE:  The Court may also set additional trial settings on Mondays mornings and Thursday afternoons at its discretion.

OTHER SCHEDULING ITEMS AND FREQUENTLY ASKED QUESTIONS:

V. TELEPHONIC AND ZOOM APPEARANCES

The Court encourages in person appearances for Law and Motion and Case Management/Pretrial Conferences.  However, the Court will consider requests to appear telephonically or by Zoom on a case-by-case and hearing-by-hearing basis.  Parties wishing to appear remotely are directed to file and serve an Administrative Request and Proposed Order at least one week prior to the scheduled hearing date.

Please be advised the Court will not grant, absent extraordinary circumstances, a request to appear remotely for parties or counsel who reside or have an office located within the boundaries of the Northern District of California (counties of Alameda, Contra Costa, Del Norte, Humboldt, Lake, Marin, Mendocino, Monterey, Napa, San Benito, San Francisco, San Mateo, Santa Clara, Santa Cruz, and Sonoma).  In addition, the Court will not grant a request by the moving party on a motion.  After consideration of the request by the Court, an order will be issued approving or denying the request.

COUNSEL SHALL UTILIZE A LAND LINE TELEPHONE.

VI. PENDING STIPULATIONS/ADMINISTRATIVE MOTIONS REGARDING CONTINUANCE/MISCELLANEOUS REQUESTS; LETTERS/LETTER BRIEFS

Once a Stipulation and Proposed Order OR Administrative/Ex Parte Motion has been filed with the Court, it is submitted until further order of the Court.  All Court Orders are sent by electronic notice to the e-mail addresses on record.  Pro-se parties will receive notice by postal mail to the address on record.

The Court does not respond to letters or letter briefs seeking legal relief from the Court, unless leave to make such a request has been specifically granted.  All requests requiring the Court to take action shall be made by either a Stipulation and Proposed Order or by appropriate motion made pursuant to the Local Rules.

VII. CHAMBERS COPIES

The parties are REQUIRED to provide chamber copies of only pleadings and dispositive motion briefing to the Clerk’s Office no later than noon on the business day following the day of filing.  These printed copies shall be marked “Chambers Copy” and shall be submitted in an envelope clearly marked with the Judge’s name, case number, and “Chambers Copy-Do Not File.”  

***Please contact Judge Davila's Courtroom Deputy, Cheré Robinson via email at ejdcrd@cand.uscourts.gov or by telephone at (408) 535-5356 for further assistance.  Ex Parte communication with chambers is not permitted. ***

updated: 4/8/2022