Judge Nathanael Cousins
Individual Rules, Standing Orders & Policies
- Rules last changed:
Limits & Logistics
Document Limits
Adjournments
- Settlement conference continuance requires ECF filing with compelling reason and opposition within 2 days if objected
Request must include
- Zoom/telephone participation requests must be made within 7 days of referral
Communication
Chambers
Phone
Chambers
Page & Word Limits3 rules
In the rare event that the parties are unable to file a joint statement, each party may file a statement of two pages or less.
- Page limit
- Up to 2 pages per party
Joint statement for unresolved discovery disputes limited to 5 pages.
- Joint statement
- Up to 5 pages
Court's wording
If the parties are unable to reach a resolution, they must file a joint statement of five pages or less that: (1) describes each unresolved issue; and (2) states each party’s final proposed compromise with respect to each unresolved issue.
they must file a joint statement of five pages or less that: (1) describes each unresolved issue; and (2) states each party’s proposed compromise with respect to each unresolved issue.
- Joint statement
- Up to 5 pages
Document Filing Requirements10 rules
Discovery disputes require direct conversation (in person, phone, or video), not just written exchanges.
Court's wording
For all discovery disputes, the parties must meet and confer to attempt to resolve their dispute. The meet and confer must be a direct conversation in person or by telephone or video. A mere exchange of letters, emails, or messages does not satisfy the requirement to meet and confer.
The statement(s) must be filed in ECF under the Civil Events category of Motions and Related Filings > Motions: General > Discovery Letter Brief.
In addition to e-filing, the parties must email a copy of all stipulations and proposed orders in Word format to ncpo@cand.uscourts.gov on the same day they e-file these documents.
The parties may not attach declarations, exhibits, proposed orders, etc. to the statement absent leave of Court.
All parties and their counsel are required to attend the settlement conference in person, not by telephone. Non-natural persons must be represented by a person with unlimited authority to negotiate a settlement. An insured party must appear with a representative of the carrier with full authority to negotiate up to the limits of coverage. A person who must call another person not present at the conference before agreeing to a settlement does not have unlimited authority.
No later than seven days prior to the conference, each party must submit a settlement conference statement via email in PDF format to ncpo@cand.uscourts.gov.
Each party must also serve its statement on opposing counsel.
The parties may not attach declarations, exhibits, or proposed orders to the statement absent leave of Court.
No further materials should be submitted to the Court unless requested.
Settlement conference statement due 7 days prior via email PDF to ncpo@cand.uscourts.gov with 9 required elements
- Document
- Settlement conference statement
Must include
- •Statement of facts
Court's wording
No later than seven days prior to the conference, each party must submit a settlement conference statement via email in PDF format to ncpo@cand.uscourts.gov. Each party must also serve its statement on opposing counsel. The statement must not be filed in ECF. The statement must include: (a) the identity of the attorney(s) and clients attending the settlement conference; (b) a brief statement of the facts of the case; (c) a brief statement of the claims and defenses raised, including statutory or other grounds upon which the claims are founded; (d) a candid evaluation of the parties' likelihood of prevailing on the claims and defenses; (e) a candid evaluation of the strengths and weaknesses of the parties' respective positions; (f) a summary of the proceedings to date; (g) a listing of all pending motions; (h) the relief sought; (i) the party's position on settlement, including present demands, offers, and a history of past settlement discussions.
Filing & Service rules
Adjournment & Extension Requirements
Zoom/telephone participation requests must be made within 7 days of referral
Requests for conference participation by Zoom or telephone must be made within 7 days after a settlement conference referral.
Page 1 | Requests for conference participation by Zoom or telephone
Settlement conference continuance requires ECF filing with compelling reason and opposition within 2 days if objected
A party seeking to continue a settlement conference must file a request in ECF as soon as possible after meeting and conferring with opposing counsel. The request must demonstrate a compelling reason for the continuance and state whether the opposing parties object to the continuance. Any party that objects to the continuance must file an opposition in ECF within two days of the filing date of the request.
Page 1 | A party seeking to continue a settlement conference
Chambers Communication Rules
Contact Lili Harrell for scheduling; settlement conferences held Tue/Thu/Fri at 9:30 AM
To coordinate scheduling, please contact courtroom deputy Lili Harrell at Lili_Harrell@cand.uscourts.gov or 408.535.5343. Settlement conferences typically are held on Tuesday, Thursday, and Friday at 9:30 a.m.
Page 1 | SCHEDULING
Contact Lili Harrell immediately if case settles before conference
Contact courtroom deputy Lili Harrell immediately if the case settles before the settlement conference.
Page 1 | Contact courtroom deputy Lili Harrell immediately if the case settles