COURT SCHEDULE FOR MAGISTRATE JUDGE VIRGINIA K. DEMARCHI 

These procedures apply to all civil proceedings scheduled before Judge DeMarchi.

Settlement Conferences:  Judge DeMarchi prefers to conduct settlement conferences in person at the courthouse in San Jose, but she is willing to conduct the settlement conference via Zoom videoconference, especially if all parties agree to proceed by Zoom videoconference.  The parties shall confer and advise Judge DeMarchi’s courtroom deputy, Steven Chilton, of their preference when scheduling the settlement conference.  Judge DeMarchi prefers to conduct settlement conferences on Wednesdays, Thursdays or Fridays. 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 Steven Chilton, 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.” 

Proposed Orders: Proposed orders submitted by an e-filing party shall be submitted in Microsoft Word to the following email address: VKDcrd@cand.uscourts.gov. Proposed orders are not required for motions filed pursuant to Civil L.R. 7-2, except for motions seeking injunctive relief.

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, Steven Chilton, at (408) 535-5513 or vkdcrd@cand.uscourts.gov.

Unless the Court orders otherwise, all hearings (including hearings on discovery disputes) will be conducted IN PERSON in Judge DeMarchi’s courtroom at the San Jose courthouse.  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 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 statement 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 2026:

March, June, September, November

The magistrate judge criminal calendar for San Jose will be heard every day at 1:00pm.

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 2026:

Thursday, February 26 - Monday, March 2

Monday, May 18 - Friday, May 29

Monday, September 28 - Friday, October 2 

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