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Court Rules
Judge Kandis A. Westmore
Magistrate Judge

Judge Kandis A. Westmore

Individual Rules, Standing Orders & Policies

Rules last changed:
Northern District of California

Limits & Logistics

Document Limits

Confidential Letter
5 pgs
Settlement Conference Statement
10 pgs
Joint Letter
12 pgs
Joint Letter
5 pgs

Courtesy Copies

Courtesy copies

  • 1 copy
  • Within 3 Days

Declaration, Request for Judicial Notice

  • 1 copy

Discovery Dispute

  • Upon Filing

Motion, Joint Discovery Letter, Motion to Seal

Adjournments

  • Written request for telephonic conference required if unable to meet and confer, with declaration limited to 7 pages.

Request must include

Reason for RequestProposed New Dates

Communication

Email

Chambers

kawsettlement@cand.uscourts.gov
Cases:
Filters:

Page & Word Limits6 rules

Page LimitsMandatoryCivil cases

The Settlement Conference Statement shall be served on opposing counsel. It may not exceed 10 pages of text and 20 pages of exhibits, which must be tabbed.

Settlement conference statement for attorneys
Up to 10 pages
KAW-settlement-conference-standing-order-rev03262026 · Mar 2026 · p. 2
|Section6. The Settlement Conference Statement shall include the following
Page LimitsMandatoryCivil cases

Confidential Letter limited to 5 pages text and 15 pages exhibits.

Confidential letter
Up to 5 pages

Court's wording

The parties must submit the additional information listed below either in the exchanged statement or in a separate, optional Confidential Letter that is not served on the other parties, and which may not exceed 5 pages of text and 15 pages of exhibits.

Page LimitsMandatoryCivil cases

Joint letter limited to 5 pages (excluding cover) with specific exhibit restrictions.

Joint letter
Up to 5 pages

Exception

More pages with leave of court

Court's wording

The joint letter shall not exceed five (5) pages, excluding the cover page, without leave of Court, and may not be accompanied by exhibits or affidavits other than exact copies of interrogatories, requests for production of documents and/or responses, privilege logs, and relevant deposition testimony.

Page LimitsMandatoryCivil cases

The parties may only attach 12 pages of exhibit(s), which must be clearly marked and tabbed.

Exhibit
Up to 12 pages
Page LimitsMandatoryCivil cases

Confidential Letter may not exceed 5 pages of text.

Confidential letter
Up to 5 pages

Court's wording

The parties must submit the additional information listed below either in the exchanged statement or in a separate, optional Confidential Letter that is not served on the other parties, and which may not exceed 5 pages of text.

Page LimitsMandatoryCivil cases

The Settlement Conference Statement shall be served on opposing counsel. It may not exceed 10 pages of text and 20 pages of exhibits, which must be tabbed.

Settlement conference statement for attorneys
Up to 10 pages

Document Format Requirements12 rules

FormattingMandatoryCivil cases

The Settlement Conference Statement and Confidential Settlement Letter shall be in separate .pdf files, and each file shall include its respective exhibits, if any, which must be bookmarked.

File type
PDF
Applies to
  • Settlement conference statement
  • Confidential settlement letter

Formatting

  • Separate files
  • Bookmarked exhibits
KAW-settlement-conference-standing-order-rev03262026 · Mar 2026 · p. 2
|Section5. Settlement Conference Statements and Confidential Letters
FormattingMandatoryCivil cases

All ECF filings shall comply with the following requirements. (a) All citations to legal authority or exhibits must include pincites.

FormattingMandatoryCivil cases

(e) E-filed documents must be cited in all other documents as follows: Dkt. No.__ at ___.

KAW-CivilStandingOrder-12-19-2025 0 · Dec 2025 · p. 2
|SectionCHAMBERS COPIES AND PROPOSED ORDERS
FormattingMandatoryCivil cases

(d) All exhibits must be clearly marked and individually tabbed.

KAW-CivilStandingOrder-12-19-2025 0 · Dec 2025 · p. 2
|SectionCHAMBERS COPIES AND PROPOSED ORDERS
FormattingMandatoryCivil cases

(b) All chambers copies of e-filed documents shall bear the ECF filing “stamp” (case number, docket number, date, and ECF page number) along the top of each page.

KAW-CivilStandingOrder-12-19-2025 0 · Dec 2025 · p. 2
|SectionCHAMBERS COPIES AND PROPOSED ORDERS
FormattingMandatoryCriminal cases

All chambers’ copies of e-filed documents shall bear the ECF filing “stamp” (case number, docket number, date, and ECF page number) along the top of the page.

FormattingMandatoryCriminal cases

E-filed documents must be cited in all other documents as follows: Dkt. No.__ at ___.

FormattingMandatoryCriminal cases

Chambers copies: ≤100 pages stapled/brads; >100 pages three-hole punched in 3-ring binder.

Applies to
  • Up to 100 pages
Binding
Stapled

Court's wording

For filings that are no more than 100 pages, chambers copies must be stapled or attached with brads; binder clips, paperclips, or similar fastenings are not adequate. If the filing is more than 100 pages, the chambers copies must be three-hole punched along the left side of the page and placed in a 3-ring binder.

FormattingMandatoryCriminal cases

All exhibits must be clearly marked and individually tabbed.

Formatting

  • Exhibits clearly marked and individually tabbed
FormattingImportantCivil cases

Exhibits limited to relevant pages and streaming video with timestamps.

Formatting

  • Include short explanation of video content

Court's wording

The parties are encouraged to provide the Court with deposition testimony, video footage, and other evidence referred to in the statements that are subject to dispute or believed to be dispositive. In the interest of judicial economy, the parties shall provide citations to the deposition testimony in their statements, and attach only the relevant pages of the transcript. Video must be available for streaming on the cloud without registration or download, and the submitting party shall provide time stamps for the portions they wish the Court to view, along with a short explanation of what the video (or video clip) shows.

FormattingImportantCivil cases

Please 2-hole punch the documents at the top.

Formatting

  • 2-hole punch at top
FormattingNoteCivil cases

Settlement conferences routinely last 3 or more hours, and the parties and their representatives should be prepared to work until 4:00 p.m. if necessary.

Formatting

  • Prepare for 3+ hour settlement conferences

Document Filing Requirements24 rules

Filing RequirementsMandatoryCivil cases

Each party shall also email their Settlement Conference Statement and Confidential Settlement Letter, if applicable, in .pdf format to KAWsettlement@cand.uscourts.gov.

KAW-settlement-conference-standing-order-rev03262026 · Mar 2026 · p. 2
|Section5. Settlement Conference Statements and Confidential Letters
Filing RequirementsMandatoryCivil cases

Failure to timely lodge a settlement conference statement may result in your settlement conference being vacated.

KAW-settlement-conference-standing-order-rev03262026 · Mar 2026 · p. 2
|Section6. The Settlement Conference Statement shall include the following
Filing RequirementsMandatoryCivil cases

Settlement Conference Statement and Confidential Letter must be lodged via mail/hand delivery 14 days before conference.

Court's wording

Each party shall prepare a Settlement Conference Statement and may prepare an optional, Confidential Settlement Letter, which must be LODGED via mail or hand delivery with the undersigned’s chambers (NOT electronically filed), and must be received no later than 14 calendar days prior to the conference.

KAW-settlement-conference-standing-order-rev03262026 · Mar 2026 · p. 2
|Section5. Settlement Conference Statements and Confidential Letters
Filing RequirementsMandatoryCivil cases

There must be a current demand and response made before the settlement conference, and those must be included in the settlement conference statements.

Document
Settlement conference statement

Must include

  • Current demand
  • Current response
KAW-settlement-conference-standing-order-rev03262026 · Mar 2026 · p. 3
|Sectionc. Settlement Discussions/Demand and Response
Filing RequirementsMandatoryCivil cases

Updated settlement statements due 14 days before further conferences.

Document
Updated settlement conference statement

Must include

  • Updated settlement positions

Court's wording

Unless explicitly relieved of this requirement, the parties shall lodge updated settlement conferences statements 14 days prior to the further settlement conference to inform the Court of the status of the action and any developments that have occurred since the last settlement conference, including updated settlement positions. The updated statement shall not repeat information previously provided in the original submissions.

Filing RequirementsMandatoryCivil cases

Immediate notice of settlement required if case settles before conference.

Court's wording

If the case settles prior to the settlement conference, the parties shall immediately file a notice of settlement, and notify chambers by e-mailing both KAWcrd@cand.uscourts.gov and KAWsettlement@cand.uscourts.gov that the case has settled.

KAW-settlement-conference-standing-order-rev03262026 · Mar 2026 · p. 4
|Section11. If the case settles prior to the settlement conference
Filing RequirementsMandatoryCivil cases

In civil cases randomly assigned to Judge Westmore for all purposes, the parties should file their written consent to the assignment of a United States Magistrate Judge for all purposes or their written declination of consent as soon as possible, and in no event later than the deadlines specified in Civil L.R. 73-1(a).

Filing RequirementsMandatoryCivil cases

(e) If a party files a motion for leave to amend a pleading, it must file as an attachment a redline comparison of the proposed amended pleading against the last pleading.

Document
Motion to amend

Must include

  • Redline comparison
Filing RequirementsMandatoryCivil cases

The failure of the opposing party to file a memorandum of points and authorities in opposition to any motion shall constitute consent to the granting of the motion.

Filing RequirementsMandatoryCivil cases

Joint letter must be e-filed under specific Civil Events category, not under "Letter" event.

Court's wording

The joint letter must be e-filed under the Civil Events category of "Motions and Related Filings>Motions--General>Discovery Letter Brief." Do not file under the "Letter" event, because the filing will not be designated as an open motion that requires court resolution.

Filing RequirementsMandatoryCivil cases

Proposed orders filed by an e-filing party shall be submitted in Word format (.doc or .docx) via e-mail to kawpo@cand.uscourts.gov on the same day the document is e-filed. This requirement also applies to stipulations that require court approval, which must include a proposed order on the face of the stipulation. This e-mail address should only be used for this stated purpose unless otherwise directed by the Court.

Filing RequirementsMandatoryCivil cases

In addition to lodging hardcopies, the parties shall email their updated statements and confidential letters, if applicable, in .pdf format to KAWsettlement@cand.uscourts.gov.

Filing RequirementsMandatoryCivil cases

The parties are encouraged to provide the Court with deposition testimony, video footage, and other evidence referred to in the statements that are subject to dispute or believed to be dispositive. In the interest of judicial economy, the parties shall provide citations to the deposition testimony in their statements, and attach only the relevant pages of the transcript. Video must be available for streaming on the cloud without registration or download, and the submitting party shall provide time stamps for the portions they wish the Court to view, along with a short explanation of what the video (or video clip) shows.

Filing RequirementsMandatoryCivil cases

Updated settlement statements must be lodged 10 days prior to further settlement conferences.

Court's wording

Unless explicitly relieved of this requirement, the parties shall lodge updated settlement conferences statements 10 days prior to the further settlement conference, in accordance with Sections 6 and 7, to inform the Court of the status of the action and any developments that have occurred since the last settlement conference.

Filing RequirementsMandatoryCivil cases

If the case settles prior to the settlement conference, the parties shall immediately file a notice of settlement, and notify Judge Westmore’s Courtroom Deputy at (510) 637-3525 that the case has settled.

KAW settlement conference standing order 2 11 2021 · Feb 2021 · p. 4
|Section11. If the case settles prior to the settlement conference
Filing RequirementsMandatoryCivil cases

Settlement Conference Statement must include specific sections on substance of suit and relief sought

Document
Settlement conference statement

Must include

  • Statement of facts

Court's wording

The Settlement Conference Statement shall include the following: a. Substance of the Suit. Describe briefly the substance of the suit, including the following: i. A brief statement of the facts of the case. ii. The claims and defenses, including the statutory or other grounds upon which the claims are founded. iii. A summary of the proceedings to date, including a list of the motions previously made, the dispositions, and any pending motions. iv. A statement of facts not reasonably in dispute. v. A list of the key facts in dispute and the specific evidence relevant to a determination of those facts. vi. Any discrete issue that, if resolved, would facilitate the resolution of the case. vii. A brief statement of issues of law with respect to liability and damages. The statement must include citations to statutes and cases, but extended legal argument is not necessary. b. Relief Sought. A statement of the relief sought, including an itemization of damages and any non-monetary relief sought.

Filing RequirementsMandatoryCivil cases

Personal attendance at settlement conference is mandatory, excused only for extraordinary hardship with written authorization

Must include

  • Personal attendance

Court's wording

Personal attendance of a party is mandatory and will rarely be excused by the Court, and then only upon a written request that is timely under the circumstances and that demonstrates extraordinary hardship. Personal attendance may be excused only upon written authorization from the Court.

Filing RequirementsMandatoryCivil cases

Settlement Conference Statement and Confidential Letter must be lodged via mail/hand delivery (not ECF) 10 days before conference (14 days if 4+ parties)

Court's wording

Each party shall prepare a Settlement Conference Statement and may prepare an optional, Confidential Settlement Letter, which must be LODGED via mail or hand delivery with the undersigned's chambers (NOT electronically filed), and must be received no later than 10 calendar days prior to the conference (or 14 days prior if there are four or more separately represented parties).

Filing RequirementsMandatoryCriminal cases

Proposed orders in criminal cases must be sent to Courtroom Deputy, not civil proposed orders email.

Court's wording

Proposed orders shall be sent to Judge Westmore’s Courtroom Deputy at kawcrd@cand.uscourts.gov. Counsel shall not send proposed orders in criminal matters to the proposed orders e-mail address, which is reserved for civil matters.

Filing RequirementsImportantCivil cases

All references to exhibits should cite to specific page numbers.

KAW-settlement-conference-standing-order-rev03262026 · Mar 2026 · p. 2
|Section6. The Settlement Conference Statement shall include the following
Filing RequirementsImportantCivil cases

Do not include entire deposition transcripts as exhibits; provide only relevant excerpts with reporter’s certification.

Court's wording

(c) Parties shall not include entire deposition transcripts as exhibits to their filings unless necessary. Parties shall instead provide only the relevant excerpts and a copy of the reporter’s certification.

Filing RequirementsNoteCivil cases

(f) For motions for preliminary approval of a class action settlement, the parties should consult the Northern District’s Procedural Guidance for Class Action Settlements and must file Post-Distribution Accounting Reports in accordance with the Guidance.

Document
Class action settlement motion

Must include

  • Post-distribution accounting report
Filing RequirementsNoteCivil cases

Parties and attorneys may advise the Court of their pronouns by filing a letter or by adding their pronouns in the name block on the first page of the pleadings.

Document
Pleading

Include

  • Pronouns
Filing RequirementsNoteCivil cases

Settlement conferences routinely last 3 or more hours, and the parties and their representatives should be prepared to work until 4:00 p.m. if necessary.

Filing & Service rules

Courtesy Copy Requirements

Chambers copies must be marked “Chambers Copy” and submitted in envelope marked for Magistrate Judge Kandis Westmore with case number.

(c) Chambers copies shall be marked “Chambers Copy” and submitted to the Oakland Clerk’s Office in an envelope clearly marked “Magistrate Judge Kandis Westmore” with the case number on the envelope.

Civil cases

Page 2 | CHAMBERS COPIES AND PROPOSED ORDERS

Chambers hard copies required for formal motions, joint discovery letters, and motions to seal.

Chambers hard copies are required for all formal motions, joint discovery letters, and motions to seal. The Court may request chambers copies of other filings as needed.

Civil cases

Page 2 | CHAMBERS COPIES AND PROPOSED ORDERS

Chambers copies must be received within 3 days of filing or Court request.

(a) Chambers copies must be received within 3 days of filing or the Court’s request.

Civil cases

Page 2 | CHAMBERS COPIES AND PROPOSED ORDERS

For briefings with >10 exhibits or >100 pages of exhibits, email single searchable PDF with bookmarks to kawpo@cand.uscourts.gov.

(h) For any briefings that rely on more than ten exhibits or 100 pages of exhibits, the party shall e-mail an electronic copy to kawpo@cand.uscourts.gov. The supporting document (e.g., a declaration or request for judicial notice) and exhibits thereto shall be in a single PDF, which shall be legible and word- searchable and have each exhibit bookmarked so that a user can easily navigate through each exhibit. Each PDF should only include one supporting document and its attached exhibits.

Civil cases

Chambers copy required for discovery disputes before Court review.

(f) The parties shall lodge a chambers copy of all discovery disputes as required by ¶ 5. The Court will not review the dispute until a courtesy copy is provided.

Civil cases

Dispositive motions must be emailed in Word format to kawpo@cand.uscourts.gov in addition to chambers copy.

(a) Any party filing a dispositive motion shall also e-mail a copy of the motion in Word format (.doc or .docx) to kawpo@cand.uscourts.gov. This is in addition to the lodged, chambers copy.

Civil cases

Chambers copies must be received within 3 days of filing or the Court’s request.

Chambers copies must be received within 3 days of filing or the Court’s request.

Criminal cases

Page 1 | 5. Motions(b)i

Hard copies of briefs required when Court sets briefing schedule.

When the Court sets a briefing schedule on a motion, counsel shall lodge hard copies of the briefs.

Criminal cases

Page 1 | 5. Motions(b)

Sealing & Redaction Procedures

Sealing requires compliance with Local Rule 79-5 and declaration if based on confidentiality designation.

Any party seeking to file a document under seal must comply with Civil Local Rule 79-5. The motion shall include a statement by the moving party that it has reviewed and complied with that rule. If the sole basis for the motion is that the opposing party, or a non- party, has designated the document "confidential," the designating party shall file a declaration identifying the appropriate legal standard, i.e., the good cause standard or the compelling reasons standard, and demonstrating why the document at issue meets the applicable legal standard. The declaration shall be filed by the deadline specified in Civil Local Rule 79-5(e)(1).

Court proceedings presumptively public; seal requests require narrowly tailored court order via L.R. 79-5 administrative motion.

(d) For motions to file under seal, the parties are reminded that court proceedings are presumptively public, and no document shall be filed under seal without request for a court order that is narrowly tailored to cover only the document, the particular portion of the document, or category of documents that is sealable under the governing legal standard. If a party wishes to file a document under seal, that party shall first file an administrative motion to seal in accordance with L.R. 79-5.

Civil cases

Page 2 | ECF FILINGS

(g) For motions to seal, the parties need only provide a courtesy copy of the unredacted version of the document sought to be filed under seal. The unredacted version must indicate, by highlighting or other clear method, the portions of the document that have been omitted from the redacted version, and prominently display the notation “UNREDACTED VERSION OF DOCUMENT(S) SOUGHT TO BE SEALED.” The unredacted copy must be presented in the same form as if no sealing order was being sought. In other words, if a party is seeking to file under seal one or more exhibits to a declaration, or portions thereof, the chambers copy should include the declaration with both exhibits that require no redaction and the exhibits that require redaction.

(g) For motions to seal, the parties need only provide a courtesy copy of the unredacted version of the document sought to be filed under seal. The unredacted version must indicate, by highlighting or other clear method, the portions of the document that have been omitted from the redacted version, and prominently display the notation “UNREDACTED VERSION OF DOCUMENT(S) SOUGHT TO BE SEALED.” The unredacted copy must be presented in the same form as if no sealing order was being sought. In other words, if a party is seeking to file under seal one or more exhibits to a declaration, or portions thereof, the chambers copy should include the declaration with both exhibits that require no redaction and the exhibits that require redaction.

Civil cases

Filing Bundling Requirements

Separate joint letter required for each discovery device in dispute.

The parties shall file a separate joint letter for each discovery device in dispute (i.e., if the parties have disputes regarding specific interrogatories and requests for production, they must file two letters).

Civil cases

Pre-Motion Conference Requirements

Prior to filing any discovery-related motion, lead trial counsel for all parties shall meet and confer in person or by video conference, if an in-person conference is not feasible, regarding the discovery dispute(s) to resolve these matter(s). (Meet and confers may only occur by telephone if it is impossible to meet in person or by video.) After attempting other means to confer on the issue(s) (i.e., letter, phone call, e-mail), any party may demand such a meeting on ten (10) business days' notice.

Prior to filing any discovery-related motion, lead trial counsel for all parties shall meet and confer in person or by video conference, if an in-person conference is not feasible, regarding the discovery dispute(s) to resolve these matter(s). (Meet and confers may only occur by telephone if it is impossible to meet in person or by video.) After attempting other means to confer on the issue(s) (i.e., letter, phone call, e-mail), any party may demand such a meeting on ten (10) business days' notice.

Civil cases

Joint letter required within 5 business days after meet and confer for discovery disputes.

After meeting and conferring as set forth in ¶ 13 above, the parties shall draft and file a jointly signed letter within five (5) business days of the lead trial counsels' meet and confer session that contains the following:

Civil cases

Must comply with meet and confer requirements before filing sanctions motion.

19. No motion for sanctions may be filed until after the moving party has complied with the requirements of paragraphs 13-17 above. Motions for sanctions shall be filed separately, pursuant to Federal Rule 37 and Civil Local Rules 7 and 37-3.

Civil cases

Adjournment & Extension Requirements

Written request for telephonic conference required if unable to meet and confer, with declaration limited to 7 pages.

17. In the rare event that the parties are unable to meet and confer as directed above, or a moving party is unable to obtain the opposing party’s portion of a joint letter after the meet and confer session, the moving party shall file a written request for a telephonic conference on the docket for the purpose of enforcing the Court’s meet and confer requirement, or for the Court to fashion an alternative procedure. The written request shall include a declaration which states any attempt to meet and confer and/or obtain the joint letter, the reasons for the inability to comply with the standing order, and (if possible) three dates and times at which all parties are available for a telephonic conference. The moving party may attach exhibits to the declaration, but the declaration and exhibits combined may not exceed seven pages.

Civil cases

8:30 a.m. cut-off for morning add-ons to criminal calendar; after that only under limited circumstances.

(a) Add-ons: The Court has an 8:30 a.m. cut-off time for morning of add-ons to the criminal calendar. After 8:30 a.m., add-ons will only be permitted under limited circumstances.

Criminal cases

Page 1 | 2. Scheduling(a)

Detention motions must be filed by 3:00 p.m. the court day before hearing.

Motions for detention must be filed no later than 3:00 p.m. the court day before the hearing.

Criminal cases

Page 1 | 5. Motions(a)

Chambers Communication Rules

Updated statements and confidential letters must be emailed as PDF.

The parties shall email their updated statements and confidential letters, if applicable, in .pdf format to KAWsettlement@cand.uscourts.gov.

Civil cases

Page 4 | 10. Further Settlement Conferences

All relief requests must be in writing; no phone/email relief; do not contact chambers for relief or legal advice.

The Court does not grant relief over the telephone or via e-mail. All requests for relief must be filed in accordance with the local rules. Do not contact the courtroom deputy or chambers to seek relief or legal advice, including information pertaining to the local rules.

Civil cases

Page 1 | ALL REQUESTS MUST BE IN WRITING

21. Pursuant to Civil Local Rule 11-4(c), with the exception of communication with the courtroom deputy regarding scheduling, no party may contact the Court ex parte without prior notice to the opposing party. All communications or questions to the Court shall be presented in writing, properly filed, and include a certification that all parties were served a copy

21. Pursuant to Civil Local Rule 11-4(c), with the exception of communication with the courtroom deputy regarding scheduling, no party may contact the Court ex parte without prior notice to the opposing party. All communications or questions to the Court shall be presented in writing, properly filed, and include a certification that all parties were served a copy

Civil cases

Settlement Conference Statement and Confidential Letter must be emailed to KAWsettlement@cand.uscourts.gov

Each party shall also email their Settlement Conference Statement and Confidential Settlement Letter, if applicable, in .pdf format to KAWsettlement@cand.uscourts.gov.

Civil cases

Remote appearance requests must be filed 2 weeks in advance with good cause facts and proposed order.

Written request must be filed on the case docket at least two weeks in advance of the hearing. The facts establishing good cause must be set forth in the request, and the party must simultaneously file a proposed order granting the request.

Page 1 | POLICY GOVERNING REMOTE APPEARANCES

In-person proceedings require physical attendance unless good cause for remote appearance is shown.

For all other in-person proceedings, a party representative (or a party if pro se) must appear in person. In the Court’s discretion, however, permission to attend by videoconference may be granted upon a finding that good cause exists to excuse personal attendance, and personal attendance is not necessary to have an effective hearing.

Page 1 | POLICY GOVERNING REMOTE APPEARANCES

Criminal motions heard first/third Thursdays at 1:30 p.m. or during criminal duty. Must contact Courtroom Deputy for court date.

Criminal motions are heard on the first and third Thursdays of the month at 1:30 p.m., or during the regular criminal calendar when Judge Westmore is on criminal duty. Counsel must contact Judge Westmore’s Courtroom Deputy for a court date prior to setting any proceeding.

Criminal cases

Page 1 | 2. Scheduling

Must email brief to Courtroom Deputy same day when filing motion brief.

When filing a brief in connection to any motion, counsel must notify the Court by e-mailing the brief to Judge Westmore’s Courtroom Deputy at kawcrd@cand.uscourts.gov that same day.

Criminal cases

Page 1 | 5. Motions

Scheduling conflicts with other courts does not excuse failure to appear.

Scheduling simultaneous remote appearances in multiple courts does not excuse a failure to appear.

Page 1 | POLICY GOVERNING REMOTE APPEARANCES

Sanctions for non-compliance may include calendar removal, continuance, proceeding without participant, monetary penalty, or remote appearance prohibition.

Sanctions may include dropping a matter from calendar, continuing the hearing, proceeding in the absence of an unavailable participant, a monetary sanction, and/or a permanent prohibition against a person appearing remotely.

Page 1 | POLICY GOVERNING REMOTE APPEARANCES

Parties assume risk for technical issues; hearings won't be rescheduled for connection problems.

At your risk: Individuals making use of the videoconference service do so at their own risk. Hearings will not generally be rescheduled due to missed connections or interruptions in service.

Page 1 | POLICY GOVERNING REMOTE APPEARANCES

All video appearances must use Zoom with cameras on; no tech support provided.

Use of Zoom: All video appearances must be made through Zoom. The parties must have their video cameras turned on while their case is called. The Court does not provide technological support for the platform.

Page 1 | POLICY GOVERNING REMOTE APPEARANCES

Failure to respond to video call may result in matter being passed or treated as failure to appear.

Failure to respond: If an individual schedules a video appearance and then fails to respond to the call of a matter on calendar, the Court may pass the matter or may treat the failure to respond as a failure to appear.

Page 1 | POLICY GOVERNING REMOTE APPEARANCES

Non-compliance with remote appearance procedures may result in sanctions.

Remote appearances by multiple participants are only possible when there is compliance with these procedural requirements. Sanctions may be imposed when there is any deviation from the required procedures or the Court determines that a person's conduct makes remote appearances inappropriate.

Page 1 | POLICY GOVERNING REMOTE APPEARANCES

Civil motions heard first/third Thursdays at 1:30 PM; case management/status Tuesdays at 1:30 PM; pretrial conferences Wednesdays at 2:00 PM.

Civil motions are also heard on the first and third Thursdays of the month at 1:30 p.m. Civil case management and status conferences are heard on Tuesdays at 1:30 p.m. Civil pretrial conferences are heard on Wednesdays at 2:00 p.m.

Civil cases

Page 1 | CALENDAR DATES AND SCHEDULING

Motions (except discovery) noticed under L.R. 7-2; no hearing date reservation needed; confirm availability online.

Parties should notice motions (other than discovery motions) pursuant to Civil Local Rule 7-2. Parties need not reserve a hearing date but should confirm the Court’s availability at https://cand.uscourts.gov/judges/kaw/westmore-kandis-a by consulting Judge Westmore’s scheduling notes. The Court may reset hearing dates as the Court’s calendar requires.

Civil cases

Page 1 | CALENDAR DATES AND SCHEDULING

Audio-only appearance allowed with written request for those lacking reliable internet.

Audio-only Appearances: In the event that a party does not have reliable computer or internet access, they may file a written request to appear by audio-only.

Page 1 | POLICY GOVERNING REMOTE APPEARANCES

Case Management Conferences are held remotely by default.

Case Management Conferences will be held remotely unless otherwise ordered, so the parties need not request a remote appearance for those proceedings if they will be appearing by video.

Page 1 | POLICY GOVERNING REMOTE APPEARANCES

Junior Lawyer Participation Incentives

The Court sometimes rules on the papers, issuing a written order and vacating the hearing. If a written request for oral argument is filed before a ruling, stating that a lawyer of four or fewer years out of law school will conduct the oral argument or at least the lion's share, then the Court will hear oral argument, believing that young lawyers need more opportunities for appearances than they usually receive.

The Court sometimes rules on the papers, issuing a written order and vacating the hearing. If a written request for oral argument is filed before a ruling, stating that a lawyer of four or fewer years out of law school will conduct the oral argument or at least the lion's share, then the Court will hear oral argument, believing that young lawyers need more opportunities for appearances than they usually receive.

If a written request for oral argument is filed at least seven days before the hearing, stating that a lawyer of four or fewer years out of law school will conduct the oral argument (or at least the lion's share), then the Court will strongly consider hearing oral argument, believing that young lawyers need more opportunities for appearances than they usually receive.

If a written request for oral argument is filed at least seven days before the hearing, stating that a lawyer of four or fewer years out of law school will conduct the oral argument (or at least the lion's share), then the Court will strongly consider hearing oral argument, believing that young lawyers need more opportunities for appearances than they usually receive.

Civil cases

Page 9 | MOTION PRACTICE

About United States Magistrate Judge Kandis A. Westmore

Magistrate Judge Kandis A. Westmore was appointed to the Northern District of California in February 2012.

Judge Westmore earned her B.A. from UC Berkeley and her J.D. from the University of San Francisco School of Law, where she also served as a judicial extern to the Honorable Saundra Brown Armstrong. She worked as a law clerk at the Contra Costa County Public Defender's Office, then practiced civil rights litigation at an Oakland firm before spending thirteen years as a Deputy City Attorney in Oakland. She has taught at USF School of Law as an adjunct professor since 2023 and previously taught Evidence at Golden Gate University School of Law. She co-leads the court's Convictions Alternatives Program.

Education

  • University of San Francisco, School of Law, J.D.
  • University of California, Berkeley, B.A.

Career

  • Law Clerk, Contra Costa County Public Defender's Office
  • Attorney, Oakland-based civil rights litigation firm (plaintiffs' cases)
  • Deputy City Attorney, Oakland City Attorney's Office (1999–2012)
  • Instructor, Golden Gate University School of Law (Evidence)
  • Adjunct Professor, USF School of Law (2023–present)

Courthouse: Ronald V. Dellums Federal Building & United States Courthouse, 1301 Clay Street, Suite 400 S, Oakland, CA 94612 Phone: (510) 637-3525

Chambers Staff

  • Courtroom Deputy/Calendar Clerk: kawcrd@cand.uscourts.gov
Common questions about Judge Kandis A. Westmore's rules

Are courtesy copies required for Judge Kandis A. Westmore?

Details: delivery within 3 days. Chambers copies must be received within 3 days of filing or Court request.

View ruleSource: page 2, section CHAMBERS COPIES AND PROPOSED ORDERS

Does Judge Kandis A. Westmore require a pre-motion conference or letter before filing a motion?

Must comply with meet and confer requirements before filing sanctions motion.

What page or word limits apply to confidential letter before Judge Kandis A. Westmore?

Judge Kandis A. Westmore's rule states these limits: 5 pages. Confidential Letter limited to 5 pages text and 15 pages exhibits.

View ruleSource: page 3, section 7. Additional Settlement Information

What page or word limits apply to settlement conference statement before Judge Kandis A. Westmore?

Judge Kandis A. Westmore's rule states these limits: attorney: 10 pages. Settlement Conference Statement limited to 10 pages text and 20 pages exhibits.

View ruleSource: page 2, section 6. The Settlement Conference Statement shall include the following

What formatting rules apply to filings before Judge Kandis A. Westmore?

Judge Kandis A. Westmore's formatting rule includes file format PDF, separate files, and bookmarked exhibits. Settlement Conference Statement and Confidential Letter must be separate PDF files with bookmarked exhibits.

View ruleSource: page 2, section 5. Settlement Conference Statements and Confidential Letters

What must be included with settlement conference statement filings before Judge Kandis A. Westmore?

The rule requires email submission. Settlement Conference Statement and Confidential Letter must be emailed in PDF format.

View ruleSource: page 2, section 5. Settlement Conference Statements and Confidential Letters

What must be included with updated settlement conference statement filings before Judge Kandis A. Westmore?

The rule requires updated settlement positions and no repetition of previous information. Updated settlement statements due 14 days before further conferences.

View ruleSource: page 4, section 10. Further Settlement Conferences

How may parties contact Judge Kandis A. Westmore's chambers?

The rule lists email KAWsettlement@cand.uscourts.gov. Updated statements and confidential letters must be emailed as PDF.

View ruleSource: page 4, section 10. Further Settlement Conferences

How does Judge Kandis A. Westmore handle sealed or redacted filings?

A motion to seal is required for covered sealed filings before Judge Kandis A. Westmore. Sealing requires compliance with Local Rule 79-5 and declaration if based on confidentiality designation.

How do I request an adjournment or extension before Judge Kandis A. Westmore?

The request must include reason for request and proposed new dates. Written request for telephonic conference required if unable to meet and confer, with declaration limited to 7 pages.

Does Judge Kandis A. Westmore require motion papers to be bundled?

Separate joint letter required for each discovery device in dispute.

Does Judge Kandis A. Westmore encourage junior lawyer participation?

Yes. Judge Kandis A. Westmore's rules include a junior lawyer participation incentive. The Court sometimes rules on the papers, issuing a written order and vacating the hearing. If a written request for oral argument is filed before a ruling, stating that a lawyer of four or fewer years out of law school will conduct the oral argument or at least the lion's share, then the Court will hear oral argument, believing that young lawyers need more opportunities for appearances than they usually receive.

Complete rules summary for Judge Kandis A. Westmore

Settlement Conference Statement and Confidential Letter must be emailed in PDF format.

Settlement Conference Statement and Confidential Letter must be separate PDF files with bookmarked exhibits.

Exhibits must be cited to specific page numbers.

Failure to lodge Settlement Conference Statement may result in conference being vacated.

Updated statements and confidential letters must be emailed as PDF.

Confidential Letter limited to 5 pages text and 15 pages exhibits.

Updated settlement statements due 14 days before further conferences.

Current demand and response required before settlement conference.

Settlement conferences typically last 3+ hours, may extend to 4:00 PM.

Immediate notice of settlement required if case settles before conference.

Exhibits limited to relevant pages and streaming video with timestamps.

Settlement Conference Statement limited to 10 pages text and 20 pages exhibits.

Settlement Conference Statement and Confidential Letter must be lodged via mail/hand delivery 14 days before conference.

The Court sometimes rules on the papers, issuing a written order and vacating the hearing. If a written request for oral argument is filed before a ruling, stating that a lawyer of four or fewer years out of law school will conduct the oral argument or at least the lion's share, then the Court will hear oral argument, believing that young lawyers need more opportunities for appearances than they usually receive.

Sealing requires compliance with Local Rule 79-5 and declaration if based on confidentiality designation.

(g) For motions to seal, the parties need only provide a courtesy copy of the unredacted version of the document sought to be filed under seal. The unredacted version must indicate, by highlighting or other clear method, the portions of the document that have been omitted from the redacted version, and prominently display the notation “UNREDACTED VERSION OF DOCUMENT(S) SOUGHT TO BE SEALED.” The unredacted copy must be presented in the same form as if no sealing order was being sought. In other words, if a party is seeking to file under seal one or more exhibits to a declaration, or portions thereof, the chambers copy should include the declaration with both exhibits that require no redaction and the exhibits that require redaction.

Chambers copies must include ECF filing stamp with case number, docket number, date, and page number.

In civil cases randomly assigned to Judge Westmore for all purposes, the parties should file their written consent to the assignment of a United States Magistrate Judge for all purposes or their written declination of consent as soon as possible, and in no event later than the deadlines specified in Civil L.R. 73-1(a).

Motions (except discovery) noticed under L.R. 7-2; no hearing date reservation needed; confirm availability online.

All relief requests must be in writing; no phone/email relief; do not contact chambers for relief or legal advice.

Do not include entire deposition transcripts as exhibits; provide only relevant excerpts with reporter’s certification.

Civil motions heard first/third Thursdays at 1:30 PM; case management/status Tuesdays at 1:30 PM; pretrial conferences Wednesdays at 2:00 PM.

Motions to amend pleading require redline comparison attachment showing changes.

Chambers copies must be received within 3 days of filing or Court request.

Court proceedings presumptively public; seal requests require narrowly tailored court order via L.R. 79-5 administrative motion.

Chambers hard copies required for formal motions, joint discovery letters, and motions to seal.

E-filed documents must be cited as “Dkt. No.__ at ___” in all other documents.

All exhibits must be clearly marked and individually tabbed.

Proposed orders filed by an e-filing party shall be submitted in Word format (.doc or .docx) via e-mail to kawpo@cand.uscourts.gov on the same day the document is e-filed. This requirement also applies to stipulations that require court approval, which must include a proposed order on the face of the stipulation. This e-mail address should only be used for this stated purpose unless otherwise directed by the Court.

Separate joint letter required for each discovery device in dispute.

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