Phone or email messages without case name, number and a brief message will not be returned. Due to the high volume of calls and emails, not all e-mails/phone calls can be returned. Requests that can be answered by reviewing the local rules, orders issued by the Court, or the Court's website will not be returned.
Electronic Filing
- Counsel shall E-FILE all criminal and civil filings for Judge Fairbank pursuant to Fed. R. Civ. P. 5(d)(3), L.R. 5-4 and General Order General Order 08-02, as follows:
- All proposed signature items, including applications and stipulations to extend time, shall be accompanied by a proposed order. After the application/stipulation and proposed order have been filed electronically, counsel shall email the PDF version of the application/stipulation and a WordPerfect or Microsoft Word version of the proposed order to chambers at vbf_chambers@cacd.uscourts.gov. The subject line of the email should include the case name and case number. DO NOT use this email address for communication with the Court or the clerk.
- A MANDATORY CHAMBERS COPY of all e-filed documents shall be delivered to the courtesy bin outside the entrance to Judge Fairbank’s chambers (chambers is located at the end of the hallway, to the right of the courtroom) by noon on the day following the filing. All mandatory chambers copies shall have the notice of e-filing attached.
- Failure to comply with this direction regarding MANDATORY CHAMBERS COPIES could result in a delay, i.e., in the consideration of your motion.
- For UNDER SEAL FILINGS, process documents the traditional way, but attach a Notice of Manual Filing to the paper copies delivered to the courtesy bin. DO NOT send these documents to the chamber’s email. See below for additional information regarding under seal filings.
Criminal
- Criminal matters are heard on Monday at 10:00 am, unless otherwise specially set by the CRD at the Court or counsel’s request.
- Motions shall be filed and served at least two weeks prior to the noticed hearing date and opposition papers shall then be filed and served at least one week prior to the hearing date. Less notice will be allowed only on a proper showing of urgency or necessity, i.e. 5 days notice per Fed. R. Crim. P. 47(c).
- Counsel shall deliver a MANDATORY CHAMBERS COPY of all documents filed to the bin outside Judge Fairbank’s chambers by noon on the day following the filing.
- Except on a showing of good cause, all Motions should be heard on or before the pretrial conference, which is generally set by the Court at least two weeks before trial.
- Counsel for Government and counsel for the Defendant shall comply promptly with discovery and notice matters pursuant to Fed. R. Crim. P. 12, 12.1, 12.2, 12.3, 15 and 16. Counsel are reminded that failure to promptly comply with discovery obligations can result in a continuance of the trial, exclusion of evidence or other orders that are just under the circumstances. At the status conference re trial, the Court will inquire about the status of discovery and notice, particularly the status of the Government’s disclosure under Rule 16(a)(1)(A)-(G).
- For further information, see the Court’s Criminal Motions and Trial Order.
Civil
- Civil motions are heard on Monday at 1:30 pm, unless otherwise specially set by the CRD. It is not necessary to clear a motion date with the court clerk prior to filing the motion. If Monday is a holiday, the next motion date is the next available Monday.
- Counsel shall deliver a MANDATORY CHAMBERS COPY of all documents filed to the bin outside Judge Fairbank’s chambers by noon on the day following the filing.
- Discovery motions are to be calendared before the Magistrate Judge.
- Continuances are granted only upon a showing of good cause. Requests for continuances must be made by motion, stipulation, or application with a separate proposed order accompanied by a declaration setting forth the reasons for the requested continuance. The declaration should also include whether there have been any prior requests for continuances, and whether these requests were granted or denied by the Court. Stipulations extending dates set by this Court are not effective unless approved by the Court. Requests for continuance should be submitted well in advance of the requested relief.
- Filing Civil Documents Under Seal: The party seeking to seal documents must file a proper application with the Court, in which the applicant must demonstrate for each document or category of documents sufficient grounds to warrant placing the documents under seal. See L.R. 79-5; Schwarzer, et al., Cal. Prac. Guide: Fed. Civ. Pro. Before Trial, ch. 11(III)-C, §§ 11:1085-1087.7 (The Rutter Group 2006). For requirements regarding sealing dispositive motions, such as motions for summary judgment, see Kamakana v. City & County of Honolulu, 447 F.3d 1172 (9th Cir. 2006) (requiring applicant to show “compelling reasons” to seal the documents). Litigants should also refer to "Preparing Sealed Documents for Filing" located under Filing Procedures on the Court's website for other requirements.
- Patent Cases: With the exception of Rule 2-2 dealing with protective orders, the Court adopts the Northern District of California Patent Local Rules (version effective 3/1/2008) in all patent cases filed after April 21, 2008. A modified copy of the Rules is posted below. If the parties disagree in whole or in part with the Court’s adoption of the Northern District Patent Local Rules, the parties may file a stipulation, noticed motion or, if appropriate, ex parte application setting forth their objections. Counsel shall set forth any objections promptly; ideally any objections should be made at or before the scheduling conference. Applications or stipulations for protective orders, as in all cases, may be made to the assigned magistrate judge.
General Information
- All filed documents must contain counsel's email address (pursuant to L.R. 11-3.8).
- The Court will permit appearances by telephone in civil cases for all status conferences, scheduling conferences and oral argument on motions. If counsel wishes to appear by telephone, you must:
- Notify the clerk at least two days in advance of the scheduled appearance;
- Provide the clerk with the telephone number at which the Court can reach you;
- Agree to be available at the number (land lines only; no cellular phones) for up to one hour from the time of the scheduled hearing.
- Ex parte applications are for extraordinary relief. See Mission Power Engineering Co. v. Continental Casualty Co., 883 F. Supp. 488 (C.D. Cal. 1995). Ex parte applications are normally considered on the papers and are rarely set for hearing. If a hearing is necessary, the parties will be notified. Applications that fail to conform to L.R. 7-19 and L.R. 7-19.1, including a statement of opposing counsel's position, will not be considered except on a specific showing of good cause. In addition to the requirements of L.R. 7-19 and L.R. 7-19.1, the moving party shall notify the opposition that opposing papers must be filed no later than twenty-four (24) hours following service, except in cases where the opposing party has not previously appeared (i.e. responded to the Complaint). In those cases where the opposing party has not previously appeared, the moving party shall notify the opposition that opposing papers must be filed no later than forty-eight (48) hours following service. A mandatory chambers copy of the ex parte application, opposition or notice of non-opposition and reply are to be delivered to the courtesy bin outside the entrance to Judge Fairbank’s chambers. Counsel will be notified by the clerk of the Court’s ruling.
- To obtain a transcript of any reported or digitally recorded proceeding, please contact the assigned court reporter/recorder. To determine the court reporter/recorder for a particular proceeding, go to the Court Reporter Schedule web page and click on View by Date. Once you've determined the correct court reporter/recorder for the desired session, click on Court Reporter Phone and Email List for contact information.
- All exhibits will be returned to counsel at the end of trial and will not be kept by the Court. Counsel shall keep the lodged and admitted exhibits in their possession pursuant to L.R. 79-3 and L.R. 79-4.
- It is the responsibility of counsel in a civil case to arrange for the services of an Interpreter. Interpreter’s Office: (213) 894-4599.
- If counsel has received a “Notice to Parties of Alternate Dispute Resolution (ADR) Pilot Program” - forms ADR-08, ADR-10, or ADR-11 with an attached “ADR Pilot Program Questionnaire” form ADR-09, please see General Order 02-07, which is located in the “General Orders” section on the home page of the Court’s website. The Attorney Settlement Officer information is located in the section “Attorney Information, ADR.”
- Law clerk/extern positions: Submit resume by mail.
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