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***Please contact Judge Davila's Courtroom Deputy, Adriana M. Kratzmann at 408.535.5356 or ejdcrd@cand.uscourts.gov for further assistance. Ex Parte communication with chambers is not permitted. ***
updated: 8/25/2020
SCHEDULING NOTES FOR JUDGE EDWARD J. DAVILA
***IMPORTANT NOTICE REGARDING CASES BEFORE JUDGE DAVILA***
Commencing June 1, 2020,
Civil Law and Motion: Thursdays all civil hearings and conferences will either be continued, submitted, or conducted by video or telephone conference. Parties may continue to file and notice motions for hearing after obtaining a reservation hearing date from the Courtroom Deputy. However, no oral argument or personal appearance will be held on civil matters unless the court determines that a hearing is necessary. If the court determines that a hearing is necessary, the hearing will be conducted via AT&T telephone conference or Zoom webinar. Parties will be notified by Clerk’s Notice. As a reminder, no recording of Zoom Webinars by participants or attendees is permitted.
Criminal Law and Motion: Will be Monday and possibly Friday at staggered times commencing at 1:30 p.m., for in-court appearances for both in-custody and out-of custody defendants for Change of Plea, Sentencing, Admission/Disposition of Form 12s, and Evidentiary Hearings will be held via hybrid Zoom webinar. Status Conference appearances will be held via AT&T telephone conference or Zoom webinar with waiver (if needed) of defendant's personal appearance.
***Counsel and Parties should have the appropriate court attire when appearing on Zoom video proceedings.***
Also, please refer to General Orders 72-5 and 74.
For case information, date and time, please refer to the case docket at:
https://www.cand.uscourts.gov/cases-e-filing/cm-ecf/
Filing deadlines in all cases remain in place, but parties are free to seek extensions if circumstances require. The parties should make all efforts to submit continuance requests in accordance with Local Rules 7-12 and 7-13, but if circumstances created by the pandemic prevent them from doing so they may submit the request by email.
***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 are advised that court staff will not be available to assist with Zoom troubleshooting at the time of the hearing. Counsel are 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/.
All 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, Adriana M. Kratzmann at (408) 535-5356 or email, ejdcrd@cand.uscourts.gov 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. Should any respective party fail to file the anticipated motion within time provided by the Local Rules, the reserved calendar date will be vacated without further notice to the parties.
PLEASE NOTE: Please also refer to Judge Davila's updated 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 2020
Judge Davila is unavailable the following dates:
January 2
February 18
February 24(afternoon), 25 and 26
August 19 and 20
September 16 through 18
October 7 through 9
November 17 and 18
December 18 through January 1, 2021
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 2020:
Wednesday, January 1 New Year’s Day
Monday, January 20 Birthday of Martin Luther King, Jr.
Monday, February 17 Presidents' Day
Monday, May 25 Memorial Day
Friday, July 3 Independence Day (observed)
Monday, September 7 Labor Day
Monday, October 12 Columbus Day
Wednesday, November 11 Veterans Day
Thursday, November 26 Thanksgiving Day
Friday, December 25 Christmas Day
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 CRD not less than 48 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 48 hours from the scheduled hearing.
IV. TRIAL SCHEDULING
Jury Selection: Tuesdays at 9:00 AM - 12:00 PM
Jury Trial:
Tuesdays at 9:00 AM - 12:00 PM, 1:30 PM - 5:00 PM
Wednesdays at 9:00 AM - 12:00 PM; 1:30 PM - 5:00 PM
Fridays at 9:00 AM - 12:00 PM; 1:30 PM - 5:00 PM
PLEASE NOTE: The Court may also set additional trial settings on Mondays mornings (9:00 AM - 12:00PM) and Thursday afternoons (1:30 PM - 5:00 PM) at its discretion.
OTHER SCHEDULING ITEMS AND FREQUENTLY ASKED QUESTIONS:
V. TELEPHONIC 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 on a case by case basis. Parties wishing to appear by telephone 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 telephonically 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. If the request is granted, the parties are directed to contact Court Call Phone Conferencing at (866) 582-6878 in advance of the hearing to schedule a telephonic appearance. Please tell Court Call you have been approved for a telephonic appearance by the Court. The parties are to adhere to Court Call’s procedures. If your matter is vacated for hearing after you have been approved for a telephonic appearance, please notify CourtCall that your matter has been taking off calendar and you do not need a telephonic appearance. COUNSEL SHALL UTILIZE A LAND LINE TELEPHONE.
VI. PENDING STIPULATIONS/ADMINISTRATIVE MOTIONS RE 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
Pursuant to L.R. 5-1(e)(7), the parties are REQUIRED to lodge copies for chambers no later than noon on the business day following the day. These printed copies shall be marked "Chambers Copy" and shall be clearly marked with the judge's name, case number, and "Chambers Copy-Do Not File." The printed copies shall be mailed or delivered to the Clerk's Office. Parties shall not file a paper copy of any document with the Clerk's Office that has already been filed electronically.
updated: 8/25/2020