United States District Court for the Northern District of California

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United States District Court for the Northern District of California
(N.D. Cal.)
US DC NorCal.svg
Location Phillip Burton Federal Building
More locations
Appeals to Ninth Circuit
EstablishedAugust 5, 1886
Judges14
Chief Judge Phyllis J. Hamilton
Officers of the court
U.S. Attorney David L. Anderson
www.cand.uscourts.gov

The United States District Court for the Northern District of California (in case citations, N.D. Cal.) is the federal United States district court whose jurisdiction comprises following counties of California: Alameda, Contra Costa, Del Norte, Humboldt, Lake, Marin, Mendocino, Monterey, Napa, San Benito, San Francisco, San Mateo, Santa Clara, Santa Cruz, and Sonoma. The court hears cases in its courtrooms in Eureka, Oakland, San Francisco, and San Jose. It is headquartered in San Francisco.

Case citation a system for uniquely identifying individual rulings of a court

Case citation is a system used by legal professionals to identify past court case decisions, either in series of books called reporters or law reports, or in a neutral style that identifies a decision regardless of where it is reported. Case citations are formatted differently in different jurisdictions, but generally contain the same key information.

United States district court type of court of the United States federal court system

The United States district courts are the general trial courts of the United States federal court system. Both civil and criminal cases are filed in the district court, which is a court of law, equity, and admiralty. There is a United States bankruptcy court associated with each United States district court. Each federal judicial district has at least one courthouse, and many districts have more than one. The formal name of a district court is "the United States District Court for" the name of the district—for example, the United States District Court for the Eastern District of Missouri.

California State of the United States of America

California is a state in the Pacific Region of the United States. With 39.6 million residents, California is the most populous U.S. state and the third-largest by area. The state capital is Sacramento. The Greater Los Angeles Area and the San Francisco Bay Area are the nation's second- and fifth-most populous urban regions, with 18.7 million and 9.7 million residents respectively. Los Angeles is California's most populous city, and the country's second-most populous, after New York City. California also has the nation's most populous county, Los Angeles County, and its largest county by area, San Bernardino County. The City and County of San Francisco is both the country's second-most densely populated major city after New York City and the fifth-most densely populated county, behind only four of the five New York City boroughs.

Contents

Cases from the Northern District of California are appealed to the United States Court of Appeals for the Ninth Circuit (except for patent claims and claims against the U.S. government under the Tucker Act, which are appealed to the Federal Circuit).

United States Court of Appeals for the Ninth Circuit Federal court with appellate jurisdiction over the districts of Alaska, Arizona, California, Hawaii, Idaho, Montana, Nevada, Oregon and Washington

The United States Court of Appeals for the Ninth Circuit is a court of appeal that has appellate jurisdiction over the district courts in the following districts:

Patent Intellectual property conferring a monopoly on a new invention

A patent is a form of intellectual property that gives its owner the legal right to exclude others from making, using, selling, and importing an invention for a limited period of years, in exchange for publishing an enabling public disclosure of the invention. In most countries patent rights fall under civil law and the patent holder needs to sue someone infringing the patent in order to enforce his or her rights. In some industries patents are an essential form of competitive advantage; in others they are irrelevant.

Tucker Act

The Tucker Act is a federal statute of the United States by which the United States government has waived its sovereign immunity with respect to certain lawsuits.

History

California was admitted as a state on September 9, 1850, and was initially divided into two districts, the Northern and the Southern, by Act of Congress approved September 28, 1850, 9 Stat. 521. [1] The boundary line was at the 37th parallel of North Latitude. [2] The creating act provided that:

United States District Court for the Southern District of California

The United States District Court for the Southern District of California is a federal court in the Ninth Circuit.

In addition to the ordinary jurisdiction and powers of a District Court of the United States, with which the Southern District Court of New York has been invested, the said Courts be and hereby are invested respectively within the limits of its district with the exercise of concurrent jurisdiction and power in all civil cases now exercised by the Circuit Courts of the United States; and that in all cases where said Courts shall exercise such jurisdiction, appeals may be taken from the judgments, orders or decrees of said Courts to the Supreme Court of the United States.

The Act of August 31, 1852 made the Judge of the Northern District be Judge of the Southern District as well until otherwise provided, by 10 Stat. 76, 84, [1] effectively creating a single District in all but name until an Act of January 18, 1854 provided for the appointment of a Judge for the Southern District. [2] The Southern District of California was abolished and the State made to constitute a single district – the United States District Court for the District of California – by Act of Congress approved July 27, 1866, 14 Stat. 300. [1] [2]

Twenty years later, on August 5, 1886, Congress re-created the Southern District of California by 24 Stat. 308. [2] Erskine M. Ross was appointed Judge of the new district and served until his promotion to the Circuit Judgeship, when he was succeeded by Olin Wellborn. [2] On March 18, 1966, the Eastern and Central Districts were created from portions of the Northern and Southern Districts by 80 Stat. 75. [1]

Olin Wellborn was a United States Representative from Texas and a United States District Judge of the United States District Court for the Southern District of California.

United States District Court for the Eastern District of California

The United States District Court for the Eastern District of California is a federal court in the Ninth Circuit.

United States District Court for the Central District of California United States district court

The United States District Court for the Central District of California serves over 19 million people in Southern and Central California, making it the most populous federal judicial district. The district was created on September 18, 1966.

Specialization

The court has become known as the presumptive destination for major cases (such as large class actions and multi-district litigation) involving defendants based in East Asia and the high tech sector. [3] These cases usually involve patent law and intellectual property law (such as copyright law and DMCA issues as well as trademark law and trade secret law) - especially in the semiconductor, telecommunications and software industries and other high technology areas, antitrust law, securities law, and technology law in general (e.g., cybersecurity, Internet law, computer law and cases involving software).

A semiconductor material has an electrical conductivity value falling between that of a conductor, such as metallic copper, and an insulator, such as glass. Its resistance decreases as its temperature increases, which is behaviour opposite to that of a metal. Its conducting properties may be altered in useful ways by the deliberate, controlled introduction of impurities ("doping") into the crystal structure. Where two differently-doped regions exist in the same crystal, a semiconductor junction is created. The behavior of charge carriers which include electrons, ions and electron holes at these junctions is the basis of diodes, transistors and all modern electronics. Some examples of semiconductors are silicon, germanium, gallium arsenide, and elements near the so-called "metalloid staircase" on the periodic table. After silicon, gallium arsenide is the second most common semiconductor and is used in laser diodes, solar cells, microwave-frequency integrated circuits and others. Silicon is a critical element for fabricating most electronic circuits.

Software Non-tangible executable component of a computer

Computer software, or simply software, is a collection of data or computer instructions that tell the computer how to work. This is in contrast to physical hardware, from which the system is built and actually performs the work. In computer science and software engineering, computer software is all information processed by computer systems, programs and data. Computer software includes computer programs, libraries and related non-executable data, such as online documentation or digital media. Computer hardware and software require each other and neither can be realistically used on its own.

Current judges

As of September 14,2018:

#TitleJudgeDuty stationBornTerm of serviceAppointed by
Active Chief Senior
57Chief Judge Phyllis Jean Hamilton Oakland 19522000–present2014–present Clinton
56District Judge William Haskell Alsup San Francisco 19451999–present Clinton
58District Judge Jeffrey White Oakland 19452002–present G.W. Bush
59District Judge Richard G. Seeborg San Francisco 19562010–present Obama
60District Judge Lucy Koh San Jose 19682010–present Obama
61District Judge Edward Davila San Jose 19522011–present Obama
62District Judge Edward M. Chen San Francisco 19532011–present Obama
63District Judge Yvonne Gonzalez Rogers Oakland 19652011–present Obama
64District Judge Jon S. Tigar San Francisco 19622013–present Obama
65District Judge William Orrick III San Francisco 19532013–present Obama
66District Judge James Donato San Francisco 19602014–present Obama
67District Judge Beth Labson Freeman San Jose 19532014–present Obama
68District Judge Vince Chhabria San Francisco 19692014–present Obama
69District Judge Haywood Gilliam Oakland 19692014–present Obama
38Senior Judge Thelton Henderson inactive19331980–19981990–19971998–present Carter
47Senior Judge Saundra Brown Armstrong Oakland 19471991–20122012–present G.H.W. Bush
49Senior Judge Ronald Whyte inactive19421992–20092009–present G.H.W. Bush
50Senior Judge Claudia Ann Wilken Oakland 19491993–20142012–20142014–present Clinton
51Senior Judge Maxine M. Chesney San Francisco 19421995–20092009–present Clinton
52Senior Judge Susan Illston San Francisco 19481995–20132013–present Clinton
53Senior Judge Charles R. Breyer San Francisco 19411997–20112011–present Clinton

Former judges

#JudgeStateBorn–diedActive service Chief Judge Senior status Appointed byReason for
termination
1 Ogden Hoffman, Jr. CA 1822–18911851–1866 [Note 1]
1886–1891 [Note 2]
Fillmore
Operation of law
reassignment to D. Cal.
death
2 William W. Morrow CA 1843–19291891–1897 [Note 3] B. Harrison elevation to 9th Cir.
3 John J. De Haven CA 1849–19131897–1913 McKinley death
4 William Cary Van Fleet CA 1852–19231907–1923 [Note 4] T. Roosevelt death
5 Maurice Timothy Dooling CA 1860–19241913–1924 Wilson death
6 John Slater Partridge CA 1870–19261923–1926 Harding death
7 Frank Henry Kerrigan CA 1868–19351924–1935 Coolidge death
8 Adolphus Frederic St. Sure CA 1869–19491925–19471947–1949 Coolidge death
9 Harold Louderback CA 1881–19411928–1941 Coolidge death
10 Michael Joseph Roche CA 1878–19641935–19581948–19581958–1964 F. Roosevelt death
11 Martin Ignatius Welsh CA 1882–19531939–19471947–1953 F. Roosevelt death
12 Louis Earl Goodman CA 1892–19611942–19611958–1961 F. Roosevelt death
13 George Bernard Harris CA 1901–19831946–19701961–19701970–1983 Truman death
14 Dal Millington Lemmon CA 1887–19581947–1954 Truman elevation to 9th Cir.
15 Herbert Wilson Erskine CA 1888–19511949–1951 Truman death
16 Oliver Jesse Carter CA 1911–19761950–19761970–19761976–1976 Truman death
17 Edward Preston Murphy CA 1904–19581950–1958 Truman death
18 Monroe Mark Friedman CA 1895–19781952–1953 [Note 5] Truman not confirmed
19 Oliver Deveta Hamlin, Jr. CA 1892–19731953–1958 Eisenhower elevation to 9th Cir.
20 Sherrill Halbert CA 1901–19911954–1966 Eisenhower reassignment to E.D. Cal.
21 Albert Charles Wollenberg CA 1900–19811958–19751975–1981 Eisenhower death
22 Lloyd Hudson Burke CA 1916–19881958–19791979–1988 Eisenhower death
23 William Thomas Sweigert CA 1900–19831959–19731973–1983 Eisenhower death
24 Thomas Jamison MacBride CA 1914–20001961–1966 Kennedy reassignment to E.D. Cal.
25 Alfonso Zirpoli CA 1905–19951961–19751975–1995 Kennedy death
26 Stanley Alexander Weigel CA 1905–19991962–19821982–1997 Kennedy retirement
27 Robert Francis Peckham CA 1920–19931966–19881976–19881988–1993 L. Johnson death
28 Gerald Sanford Levin CA 1906–19711969–1971 Nixon death
29 Robert Howard Schnacke CA 1913–19941970–19831983–1994 Nixon death
30 Samuel Conti CA 1922–20181970–19871987–2018 Nixon death
31 Spencer Mortimer Williams CA 1922–20081971–19871987–2008 Nixon death
32 Charles Byron Renfrew CA 1928–20171971–1980 Nixon resignation
33 William Horsley Orrick, Jr. CA 1915–20031974–19851985–2003 Nixon death
34 William Austin Ingram CA 1924–20021976–19901988–19901990–2002 Ford death
35 Cecil F. Poole CA 1914–19971976–1980 Ford elevation to 9th Cir.
36 William Schwarzer CA 1925–20171976–19911991–2017 Ford death
37 Robert Peter Aguilar CA 1931–present1980–19961996–1996 Carter retirement
39 Marilyn Hall Patel CA 1938–present1980–20091997–20042009–2012 Carter retirement
40 Eugene F. Lynch CA 1931–present1982–19971997–1997 Reagan retirement
41 John P. Vukasin Jr. CA 1928–19931983–1993 Reagan death
42 Charles A. Legge CA 1930–present1984–2001 Reagan retirement
43 D. Lowell Jensen CA 1928–present1986–19971997–2014 Reagan retirement
44 Fern M. Smith CA 1933–present1988–20032003–2005 Reagan retirement
45 Vaughn Walker CA 1944–present1989–20112004–2010 G.H.W. Bush retirement
46 James Ware CA 1946–present1990–20122010–2012 G.H.W. Bush retirement
48 Barbara A. Caulfield CA 1947–20101991–1994 G.H.W. Bush resignation
54 Martin Jenkins CA 1954–present1997–2008 Clinton resignation
55 Jeremy Fogel CA 1949–present1998–20142014–2018 Clinton retirement
  1. From 1852 to 1854, Judge Hoffman was jointly appointed to the Northern and Southern Districts of California.
  2. Reassigned from the D. Cal.
  3. Recess appointment; formally nominated on December 10, 1891, confirmed by the United States Senate on January 11, 1892, and received commission on January 11, 1892
  4. Recess appointment; formally nominated on December 3, 1907, confirmed by the Senate on December 17, 1907, and received commission on December 17, 1907
  5. Recess appointment; the Senate later rejected the appointment

Chief judges

Chief judges have administrative responsibilities with respect to their district court. Unlike the Supreme Court, where one justice is specifically nominated to be chief, the office of chief judge rotates among the district court judges. To be chief, a judge must have been in active service on the court for at least one year, be under the age of 65, and have not previously served as chief judge. A vacancy is filled by the judge highest in seniority among the group of qualified judges. The chief judge serves for a term of seven years or until age 70, whichever occurs first. The age restrictions are waived if no members of the court would otherwise be qualified for the position.

When the office was created in 1948, the chief judge was the longest-serving judge who had not elected to retire on what has since 1958 been known as senior status or declined to serve as chief judge. After August 6, 1959, judges could not become or remain chief after turning 70 years old. The current rules have been in operation since October 1, 1982.

Succession of seats

United States Attorney

The United States Attorney for the Northern District of California represents the United States in civil and criminal litigation in the court. The current United States Attorney is David L. Anderson.

See also

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References

  1. 1 2 3 4 U.S. District Courts of California, Legislative history Archived May 31, 2010, at the Wayback Machine , Federal Judicial Center .
  2. 1 2 3 4 5 Willoughby Rodman, History of the Bench and Bar of Southern California (1909), p. 46.
  3. "Archived copy". Archived from the original on February 24, 2015. Retrieved July 26, 2013.CS1 maint: Archived copy as title (link)