Calendar for: Magistrate Judge Virginia K. DeMarchi
Courtroom 2, Fifth Floor
Courtroom Deputy: Adriana M. Kratzmann


Last Updated: Feb 1 2023 6:03PM
View Scheduling Notes
Thursday, Feb 2 2023
- No Matters Set at This Time
Friday, Feb 3 2023
- No Matters Set at This Time
Monday, Feb 6 2023
09:00AM
5:20-cv-06957-VKD - Simpson Strong-Tie Company Inc. v. MiTek Inc.
Bench Trial (Crtrm. 8, 4th Flr.)
Tuesday, Feb 7 2023
09:00AM
5:20-cv-06957-VKD - Simpson Strong-Tie Company Inc. v. MiTek Inc.
Bench Trial (Crtrm. 8, 4th Flr.)
10:00AM
5:21-cv-05291-VKD - Gastelum v. Tri-County Hospitality
Motion for Miscellaneous Relief
Wednesday, Feb 8 2023
09:00AM
5:20-cv-06957-VKD - Simpson Strong-Tie Company Inc. v. MiTek Inc.
Bench Trial (Crtrm. 8, 4th Flr.)
Thursday, Feb 9 2023
09:00AM
5:20-cv-06957-VKD - Simpson Strong-Tie Company Inc. v. MiTek Inc.
Bench Trial (Crtrm. 8, 4th Flr.)
Friday, Feb 10 2023
09:00AM
5:20-cv-06957-VKD - Simpson Strong-Tie Company Inc. v. MiTek Inc.
Bench Trial (Crtrm. 8, 4th Flr.)
Monday, Feb 13 2023
09:00AM
5:20-cv-06957-VKD - Simpson Strong-Tie Company Inc. v. MiTek Inc.
Bench Trial (Crtrm. 8, 4th Flr.)
Tuesday, Feb 14 2023
10:00AM
5:21-cv-08436-VKD - Berry v. City Of San Jose et al
Motion for Partial Summary Judgment (In Court)
5:22-cv-04224-VKD - Faizi v. Temori et al
Motion for Order to Show Cause (In Court)
01:00PM
5:20-cv-06957-VKD - Simpson Strong-Tie Company Inc. v. MiTek Inc.
Bench Trial (Crtrm. 8, 4th Flr.)
Wednesday, Feb 15 2023
09:00AM
5:20-cv-06957-VKD - Simpson Strong-Tie Company Inc. v. MiTek Inc.
Bench Trial (Crtrm. 8, 4th Flr.)
Thursday, Feb 16 2023
09:00AM
5:21-cv-05503-VKD - Cho v. City Of San Jose et al
Further Pretrial Conference Re Jury Questionnaires (Via Zoom)
10:30AM
5:20-cv-06957-VKD - Simpson Strong-Tie Company Inc. v. MiTek Inc.
Bench Trial (Crtrm. 8, 4th Flr.)
Friday, Feb 17 2023
09:00AM
5:20-cv-06957-VKD - Simpson Strong-Tie Company Inc. v. MiTek Inc.
Bench Trial (Crtrm. 8, 4th Flr.)
Monday, Feb 20 2023
- FEDERAL HOLIDAY
Tuesday, Feb 21 2023
09:00AM
5:21-cv-05503-VKD - Cho v. City Of San Jose et al
Jury Trial
10:00AM
5:22-cv-04106-VKD - Levi Strauss & Co. v. Connolly
Motion to Dismiss
Motion to Dismiss Hearing
Motion to Dismiss/Lack of Jurisdiction
5:22-cv-05796-VKD - Innovative Sports Management, Inc. v. Huaman
Motion for Default Judgment - by the Court
01:30PM
5:22-cv-03311-VKD - Birri v. United States Small Business Administration
Initial Case Mgmt Conference
5:22-cv-07263-VKD - Strike 3 Holdings, LLC v. John Doe subscriber assigned IP address 98.35.134.50
Initial Case Mgmt Conference
5:22-cv-07308-VKD - Smith v. City of Marina et al
Initial Case Mgmt Conference
Wednesday, Feb 22 2023
09:00AM
5:21-cv-05503-VKD - Cho v. City Of San Jose et al
Jury Trial
01:30PM
5:22-cr-00347-BLF - USA v. Jesse Ybarra
Status Conference
Thursday, Feb 23 2023
09:00AM
5:21-cv-05503-VKD - Cho v. City Of San Jose et al
Jury Trial
Friday, Feb 24 2023
09:00AM
5:21-cv-05503-VKD - Cho v. City Of San Jose et al
Jury Trial
Monday, Feb 27 2023
09:00AM
5:21-cv-05503-VKD - Cho v. City Of San Jose et al
Jury Trial
09:30AM
3:21-cv-04356-WHO - Foster Farms, LLC et al v. Everest National Insurance Company
Telephone Conference Re Settlement Conference
Tuesday, Feb 28 2023
09:00AM
5:22-cv-03629-NC - Alphonso Inc. v. Tremor Video, Inc.
Pre-Settlement Telephone Conference
10:00AM
5:21-cv-05751-VKD - Malachowski v. Doheny
Motion for Entry of Default
5:23-mc-80018-VKD - In re: Motion to Compel Compliance with a Subpoena Ad Testificandum
Motion Hearing
Motion to Compel
Wednesday, Mar 1 2023
- No Matters Set at This Time
09:30AM
3:21-cv-04356-WHO - Foster Farms, LLC et al v. Everest National Insurance Company
Settlement Conference (Via Zoom)
01:00PM
- Criminal Duty Matters set at 1:00 pm
Thursday, Mar 2 2023
09:30AM
5:22-cv-03629-NC - Alphonso Inc. v. Tremor Video, Inc.
Settlement Conference (Via Zoom)
01:00PM
- Criminal Duty Matters set at 1:00 pm
Friday, Mar 3 2023
01:00PM
- Criminal Duty Matters set at 1:00 pm
Monday, Mar 6 2023
01:00PM
- Criminal Duty Matters set at 1:00 pm
Tuesday, Mar 7 2023
10:00AM
5:22-cv-05137-VKD - M.R. v. Federal Correctional Institution "FCI" Dublin et al
Motion Hearing
5:22-mc-80313-VKD - Fujitsu Semiconductor Limited v. Cypress Semiconductor Corporation
Motion to Compel
5:22-cv-07718-VKD - Straw v. LinkedIn Corp.
Motion for Declaratory Judgment
Motion for Partial Summary Judgment
Motion for Sanctions
Motion to Dismiss
Motion to Strike
01:00PM
- Criminal Duty Matters set at 1:00 pm - VIA ZOOM WEBINAR
Webinar ID: 161 361 2647 Password: 400873
01:30PM
5:22-cv-07634-VKD - GS Holistic, LLC v. Puff N Go Gift Shop LLC et al
Initial Case Mgmt Conference
5:22-cv-07652-VKD - Shuler v. The Honorable Stuart J. Scott
Initial Case Mgmt Conference
5:22-cv-07718-VKD - Straw v. LinkedIn Corp.
Initial Case Mgmt Conference
Wednesday, Mar 8 2023
- Criminal Duty Matters set at 1:00 pm
Thursday, Mar 9 2023
01:00PM
- Criminal Duty Matters set at 1:00 pm
Friday, Mar 10 2023
01:00PM
- Criminal Duty Matters set at 1:00 pm
Monday, Mar 13 2023
01:00PM
- Criminal Duty Matters set at 1:00 pm
Tuesday, Mar 14 2023
01:00PM
- Criminal Duty Matters set at 1:00 pm - VIA ZOOM WEBINAR
Webinar ID: 161 361 2647 Password: 400873
01:30PM
5:22-cv-00711-VKD - Unique et al v. Claybaugh et al
Initial Case Mgmt Conference
5:22-cv-07761-VKD - Sangervasi v. City Of San Jose et al
Initial Case Mgmt Conference
5:22-cv-07836-VKD - Rodriguez v. County of Santa Cruz et al
Initial Case Mgmt Conference
5:22-cv-08298-VKD - Precision Point Devices LLC v. ASUS Computer International
Initial Case Mgmt Conference
Wednesday, Mar 15 2023
01:00PM
- Criminal Duty Matters set at 1:00 pm
 
 
View Calendar


COURT SCHEDULE FOR MAGISTRATE JUDGE VIRGINIA K. DEMARCHI

 

SPECIAL PROCEDURES DURING COVID-19 PUBLIC HEALTH EMERGENCY

 

These procedures apply to all civil proceedings scheduled before Judge DeMarchi until further notice.  Please note that these procedures may change depending on the circumstances.

 

Motion Hearings:  As of May 1, 2022 all hearings (including hearings on discovery disputes) will be conducted in person in Judge DeMarchi’s courtroom at the San Jose courthouse.  All hearing participants and attendees must comply with then-current public health restrictions and with all requirements for admission to the courthouse posted on the Northern District of California website. Judge DeMarchi does not issue tentative rulings on upcoming matters. 

 

Case Management Conferences:  The Court will continue to conduct case management conference by Zoom webinar.  Instructions for participating in the Zoom webinar will be provided by Clerk’s Notice and posted on the docket for each conference.  Guidance on how to use Zoom functionality is posted on the Court’s website at https://www.cand.uscourts.gov/zoom/.  If any party believes that a particular conference should be conducted in person, the party must request an in person conference in the joint case management state or in a separate submission no later than 7 days before the case management conference, and must explain why it believes the conference should be conducted in person.

 

Settlement Conferences:  Judge DeMarchi is willing to conduct settlement conferences in person if all attendees are fully vaccinated against COVID-19, including recommended boosters.  Otherwise, Judge DeMarchi will continue to conduct settlement conferences remotely using Zoom.  Pre-settlement conference calls will be conducted by telephone, per Judge DeMarchi’s Standing Order for Settlement Conferences.  Parties may schedule a settlement conference by emailing Adriana Kratzmann, Judge DeMarchi’s Courtroom Deputy, at VKDcrd@cand.uscourts.gov.

Chambers Copies:  Chambers copies of joint discovery dispute letters, motion papers filed pursuant to Civil L.R. 7-2, opposition papers filed pursuant to Civil L.R. 7-3, and reply papers filed pursuant to Civil L.R. 7-3 should be delivered to the Clerk’s Office no later than the close of the next court day following the day that the paper was electronically filed. Chambers copies must be double-sided and 3-hole punched along the left margin of the paper. For under seal filings, chambers copies should include only the unredacted version of the filing. Such copies must be marked with the notation “Chambers Copy” and submitted to the Clerk’s Office in an envelope marked with the case name, case number, and the words “Magistrate Judge DeMarchi Chambers Copies.”


Please click the link below to join webinars. If you are a case participant, you will join as an attendee, then you will be brought into the proceeding by court staff.

https://cand-uscourts.zoomgov.com/j/1613612647?pwd=YzN6dmFUTnpra21GeFRiKzlrZHJQUT09

Webinar ID: 161 361 2647
Password: 400873 

Please review this important guidance on participating via Zoom.

 

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Civil Law and Motion
Tuesdays @ 10:00 a.m. 

Civil motions (other than discovery motions) may be noticed for hearing on Tuesdays at 10:00 a.m. Counsel need not reserve a hearing date in advance but noticed dates may be reset as the Court’s calendar requires. Before noticing a motion for hearing, please check the Court’s availability (available at https://apps.cand.uscourts.gov/CEO/cfd.aspx?71BY). Questions regarding scheduling should be addressed to Judge DeMarchi’s courtroom deputy, Adriana Kratzmann, at (408) 535-5365 or vkdcrd@cand.uscourts.gov.

Unless the Court orders otherwise, as of May 1, 2022 all hearings (including hearings on discovery disputes) will be conducted in person in Judge DeMarchi’s courtroom at the San Jose courthouse. All hearing participants and attendees must comply with then-current public health restrictions and with all requirements for admission to the courthouse posted on the Northern District of California website. Judge DeMarchi does not issue tentative rulings on upcoming matters.

Case Management Conferences
Tuesdays @ 1:30 p.m.

Unless the Court orders otherwise, case management conferences will continue to be conducted by Zoom webinar. Instructions for participating in the Zoom webinar will be provided by Clerk’s Notice and posted on the docket for each conference. Guidance on how to use Zoom functionality is posted on the Court’s website at https://www.cand.uscourts.gov/zoom/. If any party believes that a particular conference should be conducted in person, the party must request an in person conference in the joint case management state or in a separate submission no later than 7 days before the case management conference, and must explain why it believes the conference should be conducted in person.

Criminal Law and Motion
Thursdays @ 10:00 a.m.


Criminal Duty Calendar 2022:

January, April, July, December

The magistrate criminal calendar for San Jose will be heard every day at 1:30pm.

Standing Orders
Copies of Judge DeMarchi's Standing Orders are available in the clerk's office in any division of the Northern District or here on this website under Standing Orders. Copies of the Local Rules are also available.

Notice of Unavailability for 2022

February 16-18, 2022
March 14-18, 2022
May 16-17, 2022
May 27, 2022
July 25-27, 2022
August 17, 2022
September 21-23, 2022
October 24-28, 2022

All counsel are hereby given notice that such absence constitutes a certificate of unavailability pursuant to Civil L.R. 1-5(p).

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 
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)

Court Holidays 2023:   

Monday, January 2 New Year’s Day 
Monday, January 16 Birthday of Martin Luther King, Jr.
Monday, February 20 Presidents' Day
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
Thursday, November 23 Thanksgiving Day
Monday, December 25 Christmas Day (observed)


Ex Parte Communications

When contacting the Court, all parties must comply with Civil L.R. 11-4(c).

 
Adriana M. Kratzmann is the Courtroom Deputy to Magistrate Judge Virginia K. DeMarchi - Direct dial (408) 535-5365.




UPDATED: 12/8/2022