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

SCHEDULING NOTES FOR JUDGE EDWARD J. DAVILA

The Court has resumed in-person proceedings of its Civil and Criminal Calendars.  All hearings are set in-person, in San Jose, Courtroom 4, 5th Floor, and such hearings are not accessible by the Judge's Zoom Webinar link.  

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

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

Judge Davila is unavailable the following dates:

2023
October 25-31
November 1-3, 15-17, 24, 29, 30
December 1, 19-29

2024
January 2-8
April 9-12

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 2023:
Monday, May 29 Memorial Day
Monday, June 19 Juneteenth Independence Day 
Tuesday, July 4 Independence Day 
Monday, September 4 Labor Day
Monday, October 9 Columbus Day
Friday, November 10 Veterans Day (observed)
Thursday, November 23 Thanksgiving Day
Monday, December 25 Christmas Day 

Court Holidays 2024
Monday, January 1, New Years Day
Monday, January 15, Martin Luther King, Jr.
Monday, February 19, Presidents Day
Monday, May 27, Memorial Day
Wednesday, June 19, Emancipation Day
Thursday, July 4, Independence Day
Monday, September 2, Labor Day
Monday, October 14, Columbus Day
Monday, November 11, Veterans Day
Thursday, November 28, Thanksgiving
Wednesday, December 25, Christmas

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.  Once your matter is reserved for hearing, your motion should be noticed for the reserved date and in accordance with the Federal Rules of Civil Procedure and the Local Civil Rules.  If the respective party fails to file the 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)).

II. CASE MANAGEMENT AND PRETRIAL CONFERENCES

Civil Case Management Conferences and Pretrial Conferences/Trial Setting 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 3 court days 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.  Deadline to file Stipulation/Proposed Order to continue hearing is three court days prior to 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 4:30 PM

PLEASE NOTE:  The Court may also set additional trial days/times on Mondays and Thursday at its discretion.

OTHER SCHEDULING ITEMS AND FREQUENTLY ASKED QUESTIONS:

V. REMOTE APPEARANCES

All hearings are set in-person.  The Court will consider requests to appear remotely 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 no less than one week prior to the scheduled hearing date.  After consideration of the request by the Court, an order will be issued approving or denying the request.

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.  

Any civil matters that have been set by the Court to be held telephonically may be held via AT&T Teleconference.  The parties will be directly by which manner the Court will utilize to hold the hearing telephonically.  If the Court holds the hearing via AT&T Teleconference, all parties should dial-in approximately ten minutes prior to the hearing.  1 (888) 273-3658 ; Access Code: 1096091.  Members of the Press and the public can witness all public proceedings - even those held remotely - in the Courtroom. 

Telephonic participants are requested to have their devices remain muted unless they are addressing the Court.

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

Once a stipulation and proposed order OR an administrative 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 if such party does not have ECF filing privileges and receive ECF notification.

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 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 for further assistance.  Ex Parte communication with chambers is not permitted. ***

updated: 10/4/2023