Magistrate Judge Virginia K. DeMarchiSan Jose Courthouse, Courtroom 2 – 5th Floor
280 South 1st Street, San Jose, CA 95113
|Civil Law and Motion||Tuesdays||10:00 a.m.|
|Case Management Conferences||Tuesdays||1:30 p.m.|
|Criminal Law and Motion||Thursdays||10:00 a.m.|
|Criminal Duty Matters||Daily during Duty Months||1:30 p.m.|
|Calendar Clerk & Courtroom Deputy||Patricia Cromwell firstname.lastname@example.org||408-535-5365|
|Civil Case Docketing & Docket Corrections||Diane Miyashiro Diane_Miyashiro@cand.uscourts.gov||408-535-5373|
|Criminal Case Docketing||Cita Escolano||408-535-5391|
|Email for Proposed Orders:||email@example.com|
|Email for PDF Follow-Ups &|
Criminal Docket Corrections:
|Diane_Miyashiro@cand.uscourts.gov (Civil) CRIMpdf@cand.uscourts.gov (Criminal)|
|For all media inquiries:||Lynn Fuller|
Courtesy/Chambers Copy Requirements
The submission of chambers copies is often required for electronically filed documents. Whereas the local rules state whether and how soon chambers copies must be submitted, judges’ individual standing orders sometimes create additional requirements and may differ from the local rules in other particulars. If they are not in agreement, these orders supersede the local rules.
The pertinent parts of Judge DeMarchi’s standing orders are set forth below:
Chambers copies of joint discovery dispute letters, motion papers filed pursuant to Civil L.R. 7-2, opposition papers filed pursuant to Civil L.R. 7-3 and reply papers filed pursuant to Civil L.R. 7-3 should be delivered to the Clerk’s Office no later than the close of the next court day following the day that the paper was electronically filed. Chambers copies must be double-sided and 3-hole punched along the left margin of the paper. Such copies must be marked with the notation “Chambers Copy” and submitted to the Clerk’s Office in an envelope marked with the case name, case number, and the words “Magistrate Judge DeMarchi Chambers Copies.”
In addition to complying with all provisions of Civil L.R. 5-1(h), parties who are ECF users are encouraged to provide courtesy copies in electronic form of voluminous electronically filed documents to all other parties in the action, via email or other agreed means, promptly after completion of filing.
Settlement Conference Statements
No later than seven days prior to the settlement conference, each party participating in the conference must lodge a Settlement Conference Statement with Judge DeMarchi’s chambers by emailing the statement in text-searchable .pdf format to firstname.lastname@example.org and delivering a hard copy to chambers. The statement should not be filed. Each party must serve a copy of its statement on all other parties participating in the conference. Additional details on the requirements for the content of settlement conference statements may be found in Judge DeMarchi’s Standing Order for Settlement Conferences.
Confidential Settlement Letters
No later than seven days prior to the settlement conference, each party participating in the conference must lodge a Confidential Settlement Letter with Judge DeMarchi’s chambers by emailing the letter to email@example.com and delivering a hard copy to chambers. The letter should not be filed. The confidential letter should not be served on any other party. Additional details on the requirements for the content of confidential settlement letters may be found in Judge DeMarchi’s Standing Order for Settlement Conferences.
Joint Pretrial Statement Materials
The parties shall deliver two paper copies of the Joint Pretrial Statement to Judge DeMarchi’s chambers no later than noon on the court day following the day that the Joint Pretrial Statement is filed. Chambers copies must be double-sided and 3-hole punched along the left margin of the paper.
The parties shall email a copy of their jointly filed Exhibit List and Deposition Designations in Microsoft Word or Excel format to firstname.lastname@example.org.
The parties shall email a copy of their jointly filed Jury Instructions in Microsoft Word format to email@example.com.
Additional details on required Joint Pretrial Statement materials may be found in Judge DeMarchi’s Standing Order re: Pretrial Preparation.
At least 7 days prior to the Pretrial Conference, the parties shall lodge with the Court all proposed trial exhibits. The exhibits should be exhibit-numbered, tabbed and placed in 3-ring Binders. If it is not feasible to include a particular exhibit in a binder, place a slip sheet in the binder and separately lodge the exhibit. For cases with more than 100 proposed exhibits, please deliver to chambers electronic media (e.g. thumb drive) containing an electronic copy of all exhibits. Additional details on required trial exhibits may be found in Judge DeMarchi’s Standing Order re Pretrial Preparation.
Delivery AddressRobert F. Peckham Federal Building
& United States Courthouse
Office of the Clerk
280 South 1st Street
San Jose, CA 95113
About Magistrate Judge Virginia DeMarchi
Magistrate Judge Virginia DeMarchi joined the court in 2018 after 22 years as a litigator in private practice in Silicon Valley.
Before taking the bench, Magistrate Judge DeMarchi was a partner with Fenwick & West LLP where she represented technology and life sciences companies in patent infringement and other intellectual property matters in a wide range of industries, including e-commerce, computer hardware and software, industrial enzymes, pharmaceuticals, medical devices, financial services, communications, and consumer products. She also served as general counsel to the firm and as a member of the executive committee.
In addition to her private law practice, Magistrate Judge DeMarchi served for nearly 10 years on the board of directors for the Law Foundation of Silicon Valley and has been active in pro bono representation of federal and state inmates and victims of domestic violence.
Before joining Fenwick & West, Magistrate Judge DeMarchi served for two years as a trial attorney with the Civil Division of the United States Department of Justice in Washington, D.C. and clerked for District Judge Steven J. McAuliffe in the District of New Hampshire. Magistrate Judge DeMarchi earned her law degree cum laude from Harvard Law School and her undergraduate degree with honors from Stanford University.