National Docketing Association Home Page About Us William Mckay Calendar of Events

NNaattiioonnaall DDoocckkeettiinngg AAssssoocciiaattiioonn Calendaring our future together.

January 29, 2016 Volume 3, Number 1 In This Issue  President's Message President's Message  Editor's Note  NDA Newsletter Welcome to the January 2016 NDA Newsletter! Committee  NDA Welcomes Mary February is upon us. It is hard to believe January has Beaudrow as Treasurer almost come and gone. I hope you all read our annual journal last month. The white papers by our vendors were  NDA Comics amazing! I want to thank all of our sponsors for their  New York State Updates time, articles and ads. We are so proud of the Journal  Delaware State Update that we are sending it to some organizations thinking of becoming a formal chapter of the NDA. Well done and once again thank you  Ninth Circuit Change for for sponsoring the NDA! Submitting Seal

Materials In the coming weeks we will be announcing the location of our 2016  NDA San Francisco Conference. We are looking to add to our committees to assist in planning Chapter the conference. Please contact me if you are interested in joining a  CA State Rule Changes – committee. I know you will find the work enjoyable and rewarding. I would Civil also like to welcome our new Chapters that have joined the NDA in the past year. At this time last year chapters were just a thought. Thank you to Olivia  NDA Board Members Bane and the Membership Committee for all their hard work! Stay warm, National Docketing spring will be here soon! As always, if you have any questions or Association Home Page suggestions do not hesitate to contact me at About us [email protected]. Calendar of Events Membership Annual Conference Sponsors Contact us  LinkedIn JoAnn Disanti  Facebook  Twitter

DISCLAIMER: This material has been prepared for instructional purposes only, and is not intended to be relied upon in the practice of law In This Issue Editor's Note  President's Message  Editor's Note The Newsletter Committee is looking forward to its first  NDA Newsletter full year working on the newsletter. I would like to thank Committee all the members that helped out last year with edits, comments and suggestions. As a reminder, we are still in  NDA Welcomes Mary the early stages of the newsletter so the more we hear Beaudrow as Treasurer from you the more we will be able to improve the  NDA Comics newsletter. So what should we be looking forward to from the 2016 newsletters?  New York State Updates

 Delaware State Update First, the San Francisco Chapter has been off to a great start with their  Ninth Circuit Change for contributions and that should continue throughout the year. With the success Submitting Seal of the San Francisco Chapter, we are hoping the Washington, DC and New Materials York Chapters will follow the San Francisco lead. Second, the Intellectual  NDA San Francisco Property Group will be conducting three separate surveys regarding their Chapter practice, which should produce topics for future submissions to the newsletter. Please be on the lookout for the first survey in a few weeks.  CA State Rule Changes – Third, we plan to broaden our topics for the vendor submission articles so Civil that we can continue to expand our knowledge base.  NDA Board Members In this year’s first edition you will find the latest court updates from California, Delaware, New York & the Ninth Circuit, plus we welcome Mary Beaudrow as our new Treasurer.

National Docketing Association Home Page About us William McKay Calendar of Events

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In This Issue NDA Newsletter Committee  President's Message  Editor's Note William G. McKay Lisa Cadungug  NDA Newsletter NDA Technology & NDA Newsletter Committee Publication Committee Chair Co-Editor  NDA Welcomes Mary Willkie Farr & Gallagher LLP McEwen Gisvold LLP Beaudrow as Treasurer [email protected] [email protected] Laurie Jennings  NDA Comics Elaine Screechfield NDA Newsletter NDA Education Committee Chair  New York State Updates Co-Editor Morrison & Foerster LLP Nelson Mullins Riley & Scarborough LLP  Delaware State Update [email protected] [email protected]  Ninth Circuit Change for John Hagel Lindsay Owen Submitting Seal NDA Technology Committee NDA Technology Committee Materials Technical Analyst Technical Analyst  NDA San Francisco Willkie Farr & Gallagher LLP White & Case LLP Chapter [email protected] [email protected]  CA State Rule Changes – Civil

 NDA Board Members

Attention writers! We are looking for articles to be published in next month’s NDA newsletter. Articles need to be original or have National Docketing consent from the author to be reproduced. If you would like to submit an article for the NDA Newsletter please click the link below: Association Home Page About us Click here to submit an article for the NDA newsletter Calendar of Events Membership Annual Conference Sponsors

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In This Issue NDA Welcomes Mary Beaudrow as Treasurer  President's Message  Editor's Note  NDA Newsletter Please join me in welcoming Mary J. Beaudrow as the National Docketing Committee Association’s new Treasurer. Mary is a Senior Docket Coordinator at Morrison & Foerster LLP. Ms. Beaudrow has been employed in the legal field for over  NDA Welcomes Mary thirty years, spending much of that time working in the attorney service Beaudrow as Treasurer business. Mary currently serves as President for Legal Secretaries,  NDA Comics Incorporated, and she is a past president of California Association of Legal  New York State Updates Support Professionals. She is a member of the National Docketing Association (and its SF Bay Area Chapter) and of Mt. Diablo Legal Professionals  Delaware State Update Association. She has lectured at a number of forums, including San Francisco  Ninth Circuit Change for Legal Professionals Association, Livermore-Amador Legal Professionals Submitting Seal Association, and the Bay Area Legal Forum. Mary can be reached at Materials [email protected].  NDA San Francisco Chapter

 CA State Rule Changes – Civil William McKay  NDA Board Members

NDA Comics

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Jade Weaver

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In This Issue

 President's Message New York State Updates  Editor's Note  NDA Newsletter Committee Out of State and Foreign Attorneys Temporary Practice  NDA Welcomes Mary Beaudrow as Treasurer The Court of Appeals has amended its rules to add a new Part 523 pertaining to the temporary practice of law in New York by out-of-state and foreign attorneys.  NDA Comics The amendment sets forth the circumstances under which an attorney not  New York State Updates admitted in New York may provide temporary legal services in the State. An  Delaware State Update attorney providing such temporary legal services may not establish an office or  Ninth Circuit Change for other systematic presence in the State or hold out to the public or otherwise Submitting Seal represent that the attorney is admitted to practice here. Additionally, an attorney Materials practicing pursuant to Part 523 is subject to the New York Rules of Professional  NDA San Francisco Conduct and the disciplinary authority of this State. Chapter  CA State Rule Changes – The Court also has amended its Rules for the Registration of In-house Counsel Civil (Part 522). Under the newly amended rules, registration is now available to a  NDA Board Members foreign attorney who is a member in good standing of a recognized legal profession in a non-United States jurisdiction, the members of which are admitted to practice as lawyers or counselors at law or the equivalent and subject to effective regulation by a duly constituted professional body or public authority.

The rule amendments became effective December 30, 2015. To view a copy of National Docketing the Court's orders amending the rules please click here: Association Home Page About us http://nationaldocketing.org:80/resources/Documents/2016%20NDA%20Newslet Calendar of Events ters%20and%20Journal/Liniked%20files%20in%20newsletter%202016/NY%20 Membership State%20Practice.pdf Annual Conference Sponsors New Service Rule Contact us New York State is no different than any other state, meaning it has its share of  LinkedIn strange rules, one of which became law this month. When the act of serving an  Facebook interlocutory document for a New York State case is by first class mail, outside  Twitter the state, but within the United States, six days shall be added to the prescribed

period. An interlocutory document served within New York shall have five days

added to the prescribed period. Why did New York State not just make it six days

for service regardless of serving within the state or not? Making it six days for

any situation would make it easier for a docketing professional having to figure

out where the mailing actually took place. When in doubt it might be the better practice to just play it safe each time. Please find below a section from CPLR 2103 that mentions the new section. Rule 2103. Service of papers.

(a) Who can serve. Except where otherwise prescribed by law or order of court, papers may be served by any person not a party of the age of eighteen years or over. (b) Upon an attorney. Except where otherwise prescribed by law or order of court, Page | 5

papers to be served upon a party in a pending action shall be served upon the In This Issue party's attorney. Where the same attorney appears for two or more parties, only one copy need be served upon the attorney. Such service upon an attorney shall be made:  President's Message 1. by delivering the paper to the attorney personally; or  Editor's Note 2. by mailing the paper to the attorney at the address designated by  NDA Newsletter that attorney for that purpose or, if none is designated, at the Committee attorney's last known address; service by mail shall be complete upon mailing; where  NDA Welcomes Mary a period of time prescribed by law is measured from the service of a paper and Beaudrow as Treasurer service is by mail, five days shall be added to the prescribed period if the mailing is  NDA Comics made within the state and six days if the mailing is made from outside the state but within the geographic boundaries of the United States;  New York State Updates

 Delaware State Update (f) Definitions. For the purposes of this rule:  Ninth Circuit Change for 1. "Mailing" means the deposit of a paper enclosed in a first class postpaid wrapper, Submitting Seal addressed to the address designated by a person for that purpose or, if none is Materials designated, at that person's last known address, in a post office or official depository  NDA San Francisco under the exclusive care and custody of the United States Postal Service within the Chapter United States;  CA State Rule Changes – Civil Pro Bono requirements for Bar Admission  NDA Board Members The New York Court of Appeals has amended section 520.16(c)(2) of the Rules of the Court of Appeals for the Admission of Attorneys and Counselors at Law, pertaining to the to the 50-hour pro bono requirement for admission. The amendment, effective September 16, 2015, broadens the language of Section 520.16(c)(2) to allow for remote supervision of the pro bono work. To view a National Docketing copy of the order amending section 520.16 please click here: Association Home Page http://nationaldocketing.org:80/resources/Documents/2016%20NDA%20Newsl About us Calendar of Events etters%20and%20Journal/Liniked%20files%20in%20newsletter%202016/NY%20 Membership Pro%20Bono.pdf Annual Conference Sponsors

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Delaware State Update

The Delaware Judiciary is transitioning to a single e-filing system for all

Delaware Courts, including both civil and criminal cases. The expectation is that this common approach will make the process easier for litigants,

maximize the sharing and accessibility of information and minimize archiving of court records, saving both money and work hours in the long run.

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In This Issue Ninth Circuit Change for Submitting Seal  President's Message Materials  Editor's Note  NDA Newsletter Committee Notice of the Court’s Adoption of the Following Standing Order  NDA Welcomes Mary Beaudrow as Treasurer Effective Date: February 1, 2016

 NDA Comics (1) Change in Process for Submitting Sealed Materials in Excerpts of  New York State Updates Record  Delaware State Update Effective February 1, 2016, excerpts of record containing sealed materials  Ninth Circuit Change for shall be submitted in a Submitting Seal separate volume restricted to only those sealed documents. Materials

 NDA San Francisco Rather than moving to file the entire excerpts of record under seal, a party Chapter shall submit any  CA State Rule Changes – document(s) it wishes to seal as a separate, final volume clearly titled Civil “UNDER SEAL.” This separate volume shall be accompanied by either (1) a notice of filing under  NDA Board Members seal under Circuit Rule 27-13(b) that references the reason for the seal, e.g. a rule, statute or district court order or (2) a motion under Circuit Rule 27-13(c). Only the separate volume of sealed materials shall be submitted in paper pursuant to Circuit Rules 25-5(b)(1) and 27-13(a). All other volumes of the National Docketing excerpts must be submitted electronically. Association Home Page About us This separate volume is exempt from the reverse chronological order Calendar of Events requirement and may Membership include documents that would otherwise be included in the first volume of Annual Conference multi-volume Sponsors excerpts. The pagination and volume number, however, must follow consecutively from the preceding non-sealed volume(s). Sealed excerpts that exceed 300 pages Contact us shall be filed in multiple  LinkedIn volumes.  Facebook  Twitter Change in Process for Submitting Sealed Materials in Excerpts of Record effective 2/1/16 (1/27/16)

http://cdn.ca9.uscourts.gov/datastore/general/2016/01/27/standing_order_r e_sealed_excerpts.pdf

For Frequently Asked Questions, go to

http://www.ca9.uscourts.gov/cmecf/faqs/er/

William McKay

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In This Issue NDA San Francisco Chapter  President's Message  Editor's Note Welcome new and existing members to the SF Bay Area Chapter page for  NDA Newsletter local news and announcements. See our familiar numbered calendar with its Committee new heading! Click here do download

 NDA Welcomes Mary Beaudrow as Treasurer Upcoming Events  NDA Comics  New York State Updates Annual Civil Procedure Calendaring Workshop March 19, 2016,  Delaware State Update 9:00 a.m. – 12:30 p.m.  Ninth Circuit Change for Morrison & Foerster, 425 Market St, San Francisco Submitting Seal To register for this event: http://www.nationaldocketing.org/event-2093812 Materials  NDA San Francisco SF BAY AREA SUPERIOR COURTS Chapter General / • Reminder: February 12 is a CA State Court holiday. February 15 is a CA State  CA State Rule Changes – All Superior Court and Federal holiday. Civil Courts  NDA Board Members • Governor Releases FY2016–17 Budget Proposal http://www.ebudget.ca.gov/2016- 17/pdf/BudgetSummary/JudicialBranch.pdf On Jan 7, the Governor announced his proposed budget for the State of California, including $3.8 billion for the judicial branch. Chief Justice Cantil- Sakauye issued a statement welcoming the investment in the branch and pointed to the $146.3 million in new funding that will expand courts' ability to best service all court users. http://www.courts.ca.gov/34062.htm National Docketing Association Home Page • Notes from 12/11/15 Judicial Council Meeting https://jcc.legistar.com/MeetingDetail.aspx?ID=438508&GUID=6705870 About us D-EE32-454E-8CAC-91A4F67E360D Calendar of Events Membership • Overview of Judicial Branch Legislative Priorities for 2016 (12/29/15) Annual Conference http://www.courts.ca.gov/documents/GA-Leg-Priorities.pdf Sponsors • Trial Court Records Manual (Revised 1/1/16) http://www.courts.ca.gov/documents/trial-court-records-manual.pdf Contact us  LinkedIn Alameda Rule Changes:  Facebook Superior • Revised Local Rules effective 1/1/16  Twitter http://www.alameda.courts.ca.gov/Pages.aspx/Local-Rules%281%29

Contra Rule Changes: Costa • Revised Local Rules effective 1/1/16 http://www.cc- Superior courts.org/document/docWindow.cfm?fuseaction=document.viewDocument&docume ntid=11749&documentFormatId=12668

Judges:

• Judicial Assignments effective 1/1/16 http://www.cc- courts.org/index.cfm?fuseaction=Page.ViewPage&pageId=1740

Marin Rule Changes: Superior • Press Release Regarding Revised Local Rules effective 1/1/16 http://www.marincourt.org/data/hpnews/155.pdf

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• Revised Local Rules effective 1/1/16 In This Issue http://www.marincourt.org/data/PDFs/ULRules.pdf  President's Message Revised Local Forms:  Editor's Note • Revised Domestic Order Restraining Order Packet With Children  NDA Newsletter (1/1/16) Committee http://www.marincourt.org/data/localforms/DomesticViolenceRestraini ngOrderPacketnWithChildrenn1-15.pdf  NDA Welcomes Mary Beaudrow as Treasurer • Revised Domestic Order Restraining Order Packet (Without Children) (1/1/16)  NDA Comics http://www.marincourt.org/data/localforms/DomesticViolenceRestrainingO rderPacketnWithoutChildrenn1-15.pdf  New York State Updates

 Delaware State Update Napa Rule Changes  Ninth Circuit Change for Superior • Revised Local Rules effective 1/1/16 Submitting Seal http://www.napa.courts.ca.gov/sites/default/files/pdfs/Local%20Rules Materials %20January%202016.pdf  NDA San Francisco Chapter Sacramento Changes in Hours/Closures: Superior • Change in Hours for the Civil Name/Gender Change Service Window  CA State Rule Changes – effective 1/5/16 Civil https://www.saccourt.ca.gov/general/docs/pn-name-gender-window- change.Pdf\  NDA Board Members

Rule Changes: • Revised Local Rules effective 1/1/16 https://www.saccourt.ca.gov/local-rules/local-rules.aspx

Revised Local Forms: • Cover Sheet for Drop Box Filing Document (Revised 1/6/16) National Docketing https://www.saccourt.ca.gov/forms/docs/cv-drop-off-sheet.pdf Association Home Page San Rule Changes: About us Francisco • Revised Local Rules effective 1/1/16 Calendar of Events http://www.sfsuperiorcourt.org/sites/default/files/images/SF%20Local Membership Superior %20Rules%201-1-2016%20FINAL_1.pdf Annual Conference Sponsors San Mateo Rule Changes: Superior • Revised Local Rules effective 1/1/16 Contact us http://www.sanmateocourt.org/general_info/local_rules/

 LinkedIn Santa Clara Revised Fee Schedule effective 1/1/16  Facebook Superior • http://www.scscourt.org/forms_and_filing/fees.shtml  Twitter

Rule Changes: • Revised Local Rules effective 1/1/16 http://www.scscourt.org/general_info/rules/rules_home.shtml

CA COURT OF APPEAL 6th Appellate • Destruction of Court Records (1/12/16)

District http://www.courts.ca.gov/34092.htm

CA SUPREME COURT Notices:

• Supreme Court Booklet Update (1/13/16) The Seventh Edition of The Supreme Court of California booklet is now available to download from the court’s Web site. The booklet contains the court’s Internal Operating Practices and Procedures and provides an overview of the court's membership, work, and history. Page | 9

http://www.courts.ca.gov/documents/The_Supreme_Court_of_California_Booklet.pdf In This Issue • Supreme Court Oral Argument Schedule for February 9, 2016 in Sacramento (1/14/16)  President's Message http://www.courts.ca.gov/documents/SFEB916A.pdf  Editor's Note • New July 1, 2016 Proposed Effective Date for Changes to Publication Practice Rule  NDA Newsletter The Supreme Court has announced a change to the targeted effective date for possible Committee amendments to the California Rules of Court concerning publication of appellate opinions after grant of review (rule 8.1105(e)(1)) and the citation of such opinions (rule 8.1115). In light of the  NDA Welcomes Mary extensive comments received, and in order to allow appropriate review, the proposed effective Beaudrow as Treasurer date of any new rules is extended from January 1, 2016, to July 1, 2016. http://www.courts.ca.gov/32807.htm  NDA Comics

 New York State Updates  Delaware State Update USDC ND CA  Ninth Circuit Change for Notices: Submitting Seal Revised Guidelines for Discovery of Electronically Stored Information (Dec. 2015) Materials http://www.cand.uscourts.gov/eDiscoveryGuidelines

 NDA San Francisco Duty Judges/New Judges: Chapter • General Duty Judges:  CA State Rule Changes – http://www.cand.uscourts.gov/dutysch Civil Judges’ Standing Orders (Revised/New)/Scheduling Notes  NDA Board Members San Francisco Judges: • Judge Wiliam Alsup’s Guidelines for Trial and Final Pretrial Conference in Civil Bench Cases (1/11/16) http://www.cand.uscourts.gov/filelibrary/191/Guidelines-Bench-Trials.pdf

• Judge William Alsup’s Guidelines for Trial and Final Pretrial Conference in Civil Jury Cases (1/11/16)

http://www.cand.uscourts.gov/filelibrary/192/Guidelines-Jury-Trials.pdf National Docketing • Judge William Alsup’s Supplemental Order to Order Setting Initial CMC in Civil Cases

Association Home Page (1/11/16) About us http://www.cand.uscourts.gov/filelibrary/842/SuppOdrStgCMC.pdf

Calendar of Events • Judge William Alsup’s Scheduling Notes/Dates Unavailable Membership http://www.cand.uscourts.gov/schedulingNotes Annual Conference Sponsors • Magistrate Judge Laurel Beeler’s Standing Order (12/15/15) http://www.cand.uscourts.gov/filelibrary/366/December-15_-2015-Standing-Order.pdf

Contact us • Magistrate Judge Beeler’s Scheduling Notes http://www.cand.uscourts.gov/pages/856  LinkedIn  Facebook • Judge Charles Breyer’s Scheduling Notes/Dates Unavailable  Twitter http://www.cand.uscourts.gov/pages/839

• Judge Edward Chen’s Scheduling Notes/Dates Unavailable http://www.cand.uscourts.gov/pages/841

• Judge Maxine Chesney Scheduling Notes http://www.cand.uscourts.gov/pages/842

• Judge Vince Chhabria’s Civil Standing Order (12/23/15) http://www.cand.uscourts.gov/filelibrary/1410/Chhabria-Civil-Standing-Order-12-23-15.pdf

• Judge Vince Chhabria’s Standing Order for Criminal Trials (12/23/15)

http://www.cand.uscourts.gov/filelibrary/1445/Chhabria-Criminal-Pretrial-Preparation- Order-1.pdf

• Judge Vince Chhabria’s Scheduling Notes/Dates Unavailable http://www.cand.uscourts.gov/pages/1049

• Magistrate Judge Jacqueline Scott Corley’s Scheduling Notes/Dates Unavailable Page | 10

http://www.cand.uscourts.gov/pages/844 In This Issue • Judge James Donato’s Standing Order for Civil Cases (1/7/16)  President's Message http://www.cand.uscourts.gov/filelibrary/1392/2016-01-07-Standing-Order-For-Civil- Cases-Befo.pdf  Editor's Note  NDA Newsletter • Judge James Donato’s Scheduling Notes Committee http://www.cand.uscourts.gov/pages/1050

 NDA Welcomes Mary • Judge Haywood Gilliam’s Scheduling Notes/Dates Unavailable Beaudrow as Treasurer http://www.cand.uscourts.gov/pages/1075

 NDA Comics • Judge Thelton Henderson’s Scheduling Notes  New York State Updates http://www.cand.uscourts.gov/pages/846

 Delaware State Update • Judge Susan Illston’s Scheduling Notes/Dates Unavailable http://www.cand.uscourts.gov/pages/847  Ninth Circuit Change for Submitting Seal • Magistrate Judge Maria-Elena James’s Scheduling Notes/Dates Unavailable Materials http://www.cand.uscourts.gov/pages/848  NDA San Francisco Chapter • Magistrate Judge Sallie Kim’s Standing Order (1/15/16) http://www.cand.uscourts.gov/filelibrary/1629/SK-Standing-Order-General.pdf  CA State Rule Changes – Civil • Magistrate Judge Sallie Kim’s Scheduling Notes/Dates Unavailable http://www.cand.uscourts.gov/pages/1110  NDA Board Members • Magistrate Judge Elizabeth Laporte’s Scheduling Notes/Dates Unavailable http://www.cand.uscourts.gov/pages/849

• Judge William Orrick’s Scheduling Notes/Dates Unavailable http://www.cand.uscourts.gov/pages/1008

• Judge Richard Seeborg’s Scheduling Notes/Dates Unavailable National Docketing http://www.cand.uscourts.gov/pages/851

Association Home Page • Magistrate Judge Joseph Spero’s Scheduling Notes/Dates Unavailable About us http://www.cand.uscourts.gov/pages/852

Calendar of Events • Judge Jon Tigar’s Standing Order for All Civil Cases (12/16/15) Membership http://www.cand.uscourts.gov/filelibrary/1156/JST-Civil-Standing-Order-12.16.15.pdf Annual Conference Sponsors • Judge Jon Tigar’s Scheduling Notes/Dates Unavailable http://www.cand.uscourts.gov/pages/986

Contact us Oakland Judges:  LinkedIn • Judge Saundra Brown’s Scheduling Notes/Dates Unavailable  Facebook http://www.cand.uscourts.gov/pages/855  Twitter • Judge Yvonne Gonzalez Rogers’ Label Trial Exhibit Tags (12/16/15) http://www.cand.uscourts.gov/filelibrary/917/YGR-Trial-Exhibit-Tags-_Susan-Y.-Soong_- Clerk_.pdf

• Judge Yvonne Gonzalez Rogers’ Scheduling Notes/Dates Unavailable http://www.cand.uscourts.gov/pages/857

• Judge Phyllis Hamilton’s Scheduling Notes http://www.cand.uscourts.gov/pages/858

• Magistrate Judge Donna Ryu’s Standing Order (1/11/16)

http://www.cand.uscourts.gov/filelibrary/368/DMR-REVISED-STANDING-

ORDER.01116.pdf

• Magistrate Judge Donna Ryu’s Scheduling Notes/Dates Unavailable http://www.cand.uscourts.gov/pages/860

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• Magistrate Judge Kandis Westmore’s Scheduling Notes/Dates Unavailable In This Issue http://www.cand.uscourts.gov/pages/861

 President's Message • Judge Jeffrey White’s Scheduling Notes/Dates Unavailable http://www.cand.uscourts.gov/pages/853  Editor's Note  NDA Newsletter • Judge Claudia Wilken’s Scheduling Notes and Standing Order (12/23/15) Committee http://www.cand.uscourts.gov/filelibrary/361/CW-SCHEDULING-NOTES-AND-STANDING- ORDER-CW-REV.pdf  NDA Welcomes Mary Beaudrow as Treasurer • Judge Claudia Wilken’s Notice re: Telephonic Appearance Procedues (1/11/16) http://www.cand.uscourts.gov/filelibrary/509/Notice-Re-Telephonic-Appearances.pdf  NDA Comics  New York State Updates • Judge Claudia Wilken’s Scheduling Notes/Dates Unavailable http://www.cand.uscourts.gov/pages/862  Delaware State Update

 Ninth Circuit Change for San Jose Judges: Submitting Seal • Magistrate Judge Nathanael Cousins’ Civil Standing Order (1/6/16) Materials http://www.cand.uscourts.gov/filelibrary/1695/NC-civil-standing-order_1.6.2016.pdf  NDA San Francisco Chapter • Magistrate Judge Nathanael Cousins’ Scheduling Notes http://www.cand.uscourts.gov/pages/845  CA State Rule Changes – Civil • Judge Edward Davila’s Scheduling Notes/Dates Unavailable http://www.cand.uscourts.gov/pages/863  NDA Board Members • Judge Beth Freeman’s Scheduling Notes/Dates Unavailable http://www.cand.uscourts.gov/pages/1051

• Magistrate Judge Paul Singh Grewal’s Scheduling Notes/Dates Unavailable http://www.cand.uscourts.gov/pages/867

• Judge Lucy Koh’s Scheduling Notes National Docketing http://www.cand.uscourts.gov/pages/865

Association Home Page • Magistrate Judge Howard Lloyd’s Standing Order re: Pretrial Preparation (12/16/15) About us http://www.cand.uscourts.gov/filelibrary/377/Standing-Order-re-Pretrial-Preparation-12- 2015.pdf Calendar of Events Membership • Magistrate Judge Howard Lloyd’s Scheduling Notes Annual Conference http://www.cand.uscourts.gov/pages/866 Sponsors • Judge Ronald Whyte’s Scheduling Notes/Dates Unavailable http://www.cand.uscourts.gov/pages/868 Contact us Eureka Judges:  LinkedIn • Magistrate Judge Paul Singh Grewal’s Scheduling Notes  Facebook http://www.cand.uscourts.gov/pages/869  Twitter

USDC ED CA Judges’ Standing Orders (Revised/New) • Judge Morrison C. England, Jr.’s Standard Information (12/17/15) http://www.caed.uscourts.gov/caednew/assets/File/MCE%20Web%20Page%20Rev%2012 172015.pdf

9th CIRCUIT

Notices: • Online Citation Sources Added to Docket (1/1/16)

https://www.ca9.uscourts.gov/content/view.php?pk_id=0000000817

• Federal Courts Sponsor Civil Contest for high school students (1/19/16) http://cdn.ca9.uscourts.gov/datastore/ce9/2016/01/19/EDIT_Civics_Contest_Announceme nt.pdf

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JUDICIAL COUNCIL/LEGAL COMMUNITY NOTICES / EVENTS In This Issue • Restorative Justice Panel January 30, 2016, Noon – 2:00 pm  President's Message How the San Francisco Superior Court assists the homeless, foster children and their parents,  Editor's Note veterans, and people challenged by drug addiction and/or mental illness.  NDA Newsletter Committee http://www.sfsuperiorcourt.org/sites/default/files/pdfs/Restorative%20Justice%20Jan%20 2016%20-%20COMMUNITY.pdf  NDA Welcomes Mary Beaudrow as Treasurer • Judicial Council: Rules and Project Committee Meeting  NDA Comics February 2, 2016, 12:10 pm http://www.courts.ca.gov/rupromeetings.htm  New York State Updates • Public Comment Session: Commission on the Future of California’s Court System  Delaware State Update February 8 – 9, 2016  Ninth Circuit Change for http://www.courts.ca.gov/futurescommission.htm#tab33562 Submitting Seal Materials • Judicial Council Meetings Calendar http://www.courts.ca.gov/meetings-calendar.htm  NDA San Francisco Chapter • Immigration Law Training on 3/24/16  CA State Rule Changes – http://cdn.ca9.uscourts.gov/datastore/general/2016/01/26/immigration_flyer.pdf Civil

 NDA Board Members

National Docketing

Association Home Page About us Calendar of Events Membership Annual Conference Sponsors

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In This Issue  President's Message CA State Rule Changes – Civil  Editor's Note Effective 1/1/16  NDA Newsletter Committee Elaine Screechfield  NDA Welcomes Mary Beaudrow as Treasurer Firmwide Litigation Docket Manager Morrison & Foerster LLP  NDA Comics

 New York State Updates  Delaware State Update Summary of Changes  Ninth Circuit Change for Submitting Seal Materials California Codes of Civil Procedure  NDA San Francisco CCP § 34 Electronic Signatures [new]: provides that an electronic signature, as Chapter defined in Section 17, by a court or judicial officer shall be as effective as an  CA State Rule Changes – original signature. Civil CCP § 17 Electronic Signature [amended]: defines “electronic signature” for  NDA Board Members the purposes of the Code of Civil Procedure to mean an electronic sound, symbol, or process attached to or logically associated with an electronic record and executed or adopted by a person with the intent to sign the electronic record.

CCP § 231.5 Peremptory Challenge [amended]: prohibits a party from using a peremptory challenge to remove a prospective juror on the basis of ethnic group identification, age, genetic information, or disability. National Docketing Association Home Page CCP § 430.41 Demurrers [new]: effective until 1/1/2021, establishes new requirements for filing and resolving demurrers; and amending pleadings. About us Among other things, provides that: Calendar of Events Membership . at least 5 days prior to the date the responsive pleading is due, the Annual Conference demurring party shall meet and confer in person or by telephone with Sponsors the party who filed the pleading that is subject to demurrer, to determine whether an agreement can be reached that would resolve Contact us the objections raised in the demurrer . an automatic 30 day extension to file a responsive pleading shall be  LinkedIn granted if a declaration under penalty of perjury is filed re a good  Facebook faith attempt to meet and confer and explaining reasons why parties  Twitter could not meet and confer . a party is prohibited from amending more than 3 times in response to a demurrer filed before the case is at issue, except as specified

. a party is prohibited from demurring to a pleading that is amended

following a sustained demurrer as to any portion of the amended pleading on grounds that could have been raised by the prior demurrer . rule does not apply to unlawful detainer or pro per prisoner actions

CCP §§ 472, 472a Demurrers [amended]: comports with new CCP 430.41 and effective until 1/1/2021. Authorizes a party to amend a pleading after a demurrer is filed, but before it is heard by the court, if the amended

pleading is filed and served before the date for filing an opposition to the

demurrer. After the opposition has been filed, an amended pleading can be filed and served upon stipulation of the parties. Page | 14

In This Issue CCP § 437c (q), (t) Summary Judgment/Summary Adjudication [amended]: provides that the court need rule only on objections made to  President's Message evidence that the court deems material to the disposition of the motion; and  Editor's Note specifies that objections to evidence not ruled on for purposes of the motion  NDA Newsletter shall be preserved for appellate review. Also, reinstates the provisions Committee authorizing stipulations for motions for summary adjudication.

 NDA Welcomes Mary CCP §§ 527.6, 527.8, 527.85 Protective Orders/TRO’s [amended]: Beaudrow as Treasurer allows either party to request a continuance of a hearing on a protective or  NDA Comics restraining order; and automatically extends temporary orders to the date of  New York State Updates the new hearing, rather than having the temporary order lapse and be reissued.  Delaware State Update CCP §§ 630.03, 630.11, 630.20-630.27 Expedited Jury Trials  Ninth Circuit Change for [amended]: makes minor changes to the existing voluntary Expedited Jury Submitting Seal Trial (EJT) program and adds new provisions mandating the use of EJT’s in Materials limited civil cases, as specified.  NDA San Francisco Chapter Voluntary Expedited Jury Trials: . increases from three hours to five hours, the time for each party to  CA State Rule Changes – complete voir dire and present its case Civil . requires the Judicial Council to update rules and forms relating to  NDA Board Members the voluntary EJT procedures by July 1, 2016 . deletes the January 1, 2016, repeal date, thereby extending the operation of the voluntary EJT provisions indefinitely Mandatory Expedited Jury Trials: . provides that limited civil cases shall be conducted as expedited jury trials, and allows either party to opt out of these mandatory EJT procedures if specified criteria are met National Docketing . specifies that a judgment in a limited civil case conducted as an Association Home Page EJT may be appealed to the appellate division of the superior court About us in which the case was tried Calendar of Events . delays the operation of the new mandatory EJT provisions until Membership July 1, 2016, and repeals those provisions on July 1, 2019 Annual Conference Sponsors CCP § 998 (c)(1) Offer to Compromise [amended]: when an offer made by a defendant is not accepted and the plaintiff fails to obtain a more favorable judgment, clarifies that the plaintiff would be required to cover only Contact us expert witness costs that arose post-offer, if so ordered.  LinkedIn  Facebook CCP § 1033.5 (a)(3)(B) Interpreter Costs [amended]: allows a prevailing party to recover the fees of a certified or registered interpreter for  Twitter the deposition of a party or witness who does not proficiently speak or understand the English language.

CCP § 2025.220 (a)(8) Depositions [amended]: if known, requires the party noticing the deposition to disclose the existence of a contract between the deposition service company (or deposition officer) and the noticing party

for services beyond the noticed deposition. Also requires a statement that the

noticing party has directed his or her attorney to use a particular officer or entity to provide services for the deposition, if applicable.

California Rules of Court – Trial

CRC Rules 2.251(j), 8.71(g) Authorization of Electronic Service on Trial and Appellate Courts [amended]: clarifies that electronic service on a court is permissible not only by, but also on, a consenting court.

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CRC Rule 3.670(h) Telephone Appearances [amended]: clarifies In This Issue requirements for serving notice of intent to appear in court by telephone. Ensures parties get notice at least 2 court days before the appearance.  President's Message Judicial Council form Notice of Intent to Appear by Telephone (CIV-020) has  Editor's Note been revised accordingly.  NDA Newsletter CRC Rule 3.720(b) Case Management [amended]: extends the period Committee during which courts have discretion to exempt certain types or categories of  NDA Welcomes Mary civil cases from the mandatory case management rules for another 4 years, Beaudrow as Treasurer to December, 2020.  NDA Comics CRC Rules 3.1350, 3.1354 Summary Judgment [amended]: comports with the  New York State Updates changes to CCP 437c regarding objections to evidence. Defines “material facts”  Delaware State Update and clarifies that the separate statement of undisputed material facts in support of or in opposition to a motion for summary judgment should include ‘only material  Ninth Circuit Change for Submitting Seal facts and not any facts that are not pertinent to the disposition of the motion’. If Materials the opposing party contends that additional material facts are pertinent to the  NDA San Francisco disposition of the motion, those facts must be set forth in the separate statement. Chapter  CA State Rule Changes – California Rules of Court – Appellate Civil CRC Rules 8.80-8.85 Public Access to Electronic Appellate Court  NDA Board Members Records [new]: addresses public access to electronic appellate court records. Based on the existing rules regarding public access to electronic trial court records, the new rules are intended to provide the public with reasonable access while protecting privacy interests. CRC Rule 8.248(a) Prehearing Conferences [amended]: allows justices who are present at the prehearing conference to participate in or influence the determination of the appeal, unless settlement is addressed at the National Docketing conference. Intended to facilitate the use of prehearing conferences in Association Home Page appellate proceedings for case management, which can save the parties and the appellate courts time and resources. About us Calendar of Events CRC Rule 8.278(c) Costs on Appeal [amended]: changes the time to file Membership a memo of costs from 40 days after clerk sends notice of issuance to 40 days Annual Conference from issuance. Revises Judicial Council form Revised Memorandum of Costs Sponsors on Appeal (APP-013) so that it is more consistent with the rule and better reflects appellate practice. Contact us CRC Rules 8.930, 8.950; 8.970-8.977 Small Claims [amended/new]:  LinkedIn complies with a statutory mandate to develop procedural rules for certain  Facebook writ proceedings on small claims rulings. Provides clarifying amendments to  Twitter current rules and forms that apply to writ proceedings in the appellate division, generally to the extent that those apply to small claims proceedings

re postjudgment enforcement actions.

NOTE: New and revised forms at: http://www.courts.ca.gov/documents/2016-01-01PubsList.pdf

DISCLAIMER: This material has been prepared for instructional purposes only, and is not intended to be relied upon in the practice of law.

Elaine Screechfield

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NDA Board Members President - JoAnn DiSanti JoAnn DiSanti is the Managing Clerk at White & Case with over 20 years of experience leading the firm's Managing Clerk’s Department. She is responsible for keeping track of the firms litigation in all domestic offices and is a member of the firm’s Pro Bono Committee. She served on the Motion Support Committee of the Supreme Court of New York County, assisted the United States Court of Appeals for the Second Circuit in reorganizing their website, and assisted various courts in beta testing their e-Filing systems. In 2001, she was the recipient of the Legal Aid Society of New York’s award for Outstanding Pro Bono Representation. She is the author of an article published in the New York Law Journal, "Taming the Court Calendar", October 20, 2008. [email protected]

Executive Vice President and Conference Chair - Michelle Martinez Michelle is Senior Manager, Firm Docketing Services for Ogletree, Deakins, Nash, Smoak & Stewart in the Greenville, SC location. Prior to joining Ogletree, she worked as a Paralegal, Senior Litigation Paralegal and Office Administrator for various plaintiff's firm. At Ogletree, she oversaw the implementation of the docketing system, training users and developing written training materials.

She enjoys writing and currently she is co-writing a manual for best practices and procedures for litigation docketing, a Young Adult Novel and has written articles for various magazines. She has previously served on the NDA Board of Directors as the Education Committee Chair and as Certification Committee Chair as well as her current role as President of the CompuLaw National User Group. She has lectured at a NDA Webinar, multiple CompuLaw User Groups, 2014 Momentum and 2014 SC Upstate Paralegal Association Seminar. [email protected]

Secretary - Igor Olenich Igor Olenich is the Docket Supervisor at Fulwider Patton LLP with over 15 years of experience supporting attorneys with all aspects of IP docketing. His career, as well as his life, is diverse with a background in human resources, records management, and law enforcement. He served as a police officer for over 5 years at UCLAPD, his alma mater, and traveled and lived in a dozen countries. [email protected]

Treasurer - Mary J. Beaudrow Mary J. Beaudrow, CCLS, is a Senior Docket Coordinator at Morrison & Foerster LLP. Ms. Beaudrow has been employed in the legal field for over thirty years, spending much of that time working in the attorney service business. Mary currently serves as President for Legal Secretaries, Incorporated, and she is a past president of California Association of Legal Support Professionals. She is a member of the National Docketing Association (and its SF Bay Area Chapter) and of Mt. Diablo Legal Professionals Association. She has lectured at a number of forums including San Francisco Legal Professionals Association, Livermore-Amador Legal Professionals Association, and the Bay Area Legal Forum. [email protected]

NDA Bylaws Committee Chair - Lynn Hood Lynn Hood is the Firmwide Docketing Supervisor for Davis Wright Tremaine LLP, based in Seattle, Washington. Lynn oversaw the implementation and roll-out of the electronic calendaring system in all of Davis Wright's domestic offices and has built a solid team of docketing professionals. Her career in the legal field spans more than three decades, with most of the last fifteen years devoted exclusively to litigation docketing, both at DWT and formerly at Heller Ehrman. [email protected]

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NDA Membership Committee Chair - Olivia Bane Olivia Bane is the Litigation Docketing Administrator at Venable, LLP. In her career she has supported attorneys and staff, both in IP and litigation docketing. The last 9 years she has solely focused on litigation docketing where she oversaw the firm-wide implementation at Dickstein Shapiro of the centralized calendaring system, CompuLaw, trained users and staff for each office on the system, department services, procedures and best practices. She also wrote a manual that contains all department policies, procedures, best practices and guides for using the front-end and back-end of the CompuLaw calendaring system. In April of 2014 she joined Venable and is now spearheading the creation and implementation of the new centralized litigation docketing department and calendaring system, eDockets. [email protected] NDA Education Committee Chair - Elaine Screechfield Elaine Screechfield is the Firmwide Litigation Docket Manager at Morrison & Foerster LLP. Ms. Screechfield attended the University of California-Davis and the University of San Diego School of Paralegal Studies. Elaine currently serves as the Education Committee Chair for the National Docketing Association and is the Chair of the SF Bay Area Chapter of the NDA. She has lectured at numerous forums including the San Francisco Bar Association; San Francisco Legal Professionals Association; (former) San Francisco Docket Association; National Docketing Association; 2014 Aderant Conference; Bay Area Legal Forum; and the Legal Secretary College of California, where she also was a member of the Board of Advisors. [email protected] NDA Certification Committee Co-Chair - JoAnn Buss JoAnn Buss has been the Director of Docket Services at Sidley Austin LLP for 10 years. She is responsible for the litigation related docketing and court services for all Sidley's domestic offices. JoAnn has over 40 years of legal experience. She was a founding member and former President of the Chicago Area Docket Association.

JoAnn is well versed in electronic court filing; court rules and procedures; and litigation case and calendar management. She is responsible for overseeing docketing software implementation and has development experience with Aderant CompuLaw, Bridgeway Law Manager and Law Bulletin DM2000 systems. [email protected] NDA Technology & Publication Committee Chair - William G. McKay William G. McKay is the Managing Clerk at Willkie Farr & Gallagher LLP. As Managing Clerk, Mr. McKay is responsible for advising attorneys on court procedures and rules along with maintaining the firm’s Litigation, Bankruptcy and Trust & Estates records. Mr. McKay has served on the following committees concerning electronic filing:

Rule Committees: New York State Courts, United States District Court-Eastern District of New York.

User Committees: New York State Courts, Second Circuit Court of Appeals, United States District Court – Southern District of New York, United States District Court – Eastern District of New York, United States Bankruptcy Court – Southern District of New York, United States Bankruptcy Court – Eastern District of New York

Along with serving on committees for electronic filing, he has also provided advice and served on panels with the Association of the Bar of the City of New York and the Administrative Office for U.S. Courts.

Speaking engagements on electronic filing include the Seventh Circuit Court of Appeals Judicial Conference, United States Bankruptcy Court for the District of Delaware and Bloomberg LP. [email protected]

Copyright © 2016. National Docketing Association. All Rights Reserved. These materials may not be reproduced or disseminated in any form without the express permission of the National Docketing Association.

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