United States District Court for the Northern District of California

United States District Court for the Northern District of California
(N.D. Cal.)
Appeals to: Ninth Circuit
Established: August 5, 1886
Judges assigned: 14
Chief Judge: Phyllis Jean Hamilton
http://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.

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).

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:

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]

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]

Current judges

# Title Judge Duty station Born Term of service Appointed by
Active Chief Senior
57 Chief Judge Phyllis Jean Hamilton Oakland 1952 2000–present 2014–present Clinton
56 District Judge William Haskell Alsup San Francisco 1945 1999–present Clinton
58 District Judge Jeffrey White Oakland 1945 2002–present G.W. Bush
59 District Judge Richard G. Seeborg San Francisco 1956 2010–present Obama
60 District Judge Lucy H. Koh San Jose 1968 2010–present Obama
61 District Judge Edward J. Davila San Jose 1952 2011–present Obama
62 District Judge Edward M. Chen San Francisco 1953 2011–present Obama
63 District Judge Yvonne Gonzalez Rogers Oakland 1965 2011–present Obama
64 District Judge Jon S. Tigar San Francisco 1962 2013–present Obama
65 District Judge William H. Orrick, III San Francisco 1953 2013–present Obama
66 District Judge James Donato San Francisco 1960 2014–present Obama
67 District Judge Beth Labson Freeman San Jose 1953 2014–present Obama
68 District Judge Vince Girdhari Chhabria San Francisco 1969 2014–present Obama
69 District Judge Haywood Stirling Gilliam, Jr. San Francisco 1969 2014–present Obama
36 Senior Judge William W. Schwarzer inactive 1925 1976–1991 1991–present Ford
38 Senior Judge Thelton Henderson San Francisco 1933 1980–1998 1990–1997 1998–present Carter
47 Senior Judge Saundra Brown Armstrong Oakland 1947 1991–2012 2012–present G.H.W. Bush
49 Senior Judge Ronald M. Whyte San Jose 1942 1992–2009 2009–present G.H.W. Bush
50 Senior Judge Claudia Ann Wilken Oakland 1949 1993–2014 2012–2014 2014–present Clinton
51 Senior Judge Maxine M. Chesney San Francisco 1942 1995–2009 2009–present Clinton
52 Senior Judge Susan Illston San Francisco 1948 1995–2013 2013–present Clinton
53 Senior Judge Charles R. Breyer San Francisco 1941 1997–2011 2011–present Clinton
55 Senior Judge Jeremy Fogel San Francisco 1949 1998–2014 2014–present Clinton

Vacancies and pending nominations

Seat Seat last held by Vacancy reason Date of vacancy Nominee Date of nomination
16 Lucy H. Koh appointment to 9th Cir. To be determined[4]

Former judges

# Judge State Born–died Active service Chief Judge Senior status Appointed by Reason for
termination
1 Hoffman, Jr., OgdenOgden Hoffman, Jr. CA 1822–1891 1851–1866
1886–1891
Fillmore, Fillmore reassignment
death
2 Morrow, William W.William W. Morrow CA 1843–1929 1891[5]–1897 Harrison, Harrison reappointment
3 Haven, John J. DeJohn J. De Haven CA 1849–1913 1897–1913 McKinley, McKinley death
4 Van Fleet, William CaryWilliam Cary Van Fleet CA 1852–1923 1907–1923 Roosevelt, T.T. Roosevelt death
5 Dooling, Maurice TimothyMaurice Timothy Dooling CA 1860–1924 1913–1924 Wilson, Wilson death
6 Partridge, John SlaterJohn Slater Partridge CA 1870–1926 1923–1926 Harding, Harding death
7 Kerrigan, Frank HenryFrank Henry Kerrigan CA 1868–1935 1924–1935 Coolidge, Coolidge death
8 St. Sure, Adolphus FredericAdolphus Frederic St. Sure CA 1869–1949 1925–1947 1947–1949 Coolidge, Coolidge death
9 Louderback, HaroldHarold Louderback CA 1881–1941 1928–1941 Coolidge, Coolidge death
10 Roche, Michael JosephMichael Joseph Roche CA 1878–1964 1935–1958 1948–1958 1958–1964 Roosevelt, F.F. Roosevelt death
11 Welsh, Martin IgnatiusMartin Ignatius Welsh CA 1882–1953 1939–1946 1946–1953 Roosevelt, F.F. Roosevelt death
12 Goodman, Louis EarlLouis Earl Goodman CA 1892–1961 1942–1961 1958–1961 Roosevelt, F.F. Roosevelt death
13 Harris, George BernardGeorge Bernard Harris CA 1901–1983 1946–1970 1961–1970 1970–1983 Truman, Truman death
14 Lemmon, Dal MillingtonDal Millington Lemmon CA 1887–1958 1947–1954 Truman, Truman reappointment
15 Erskine, Herbert WilsonHerbert Wilson Erskine CA 1888–1951 1949–1951 Truman, Truman death
16 Carter, Oliver JesseOliver Jesse Carter CA 1911–1976 1950–1976 1970–1976 1976 Truman, Truman death
17 Murphy, Edward PrestonEdward Preston Murphy CA 1904–1958 1950–1958 Truman, Truman death
18 Friedman, Monroe MarkMonroe Mark Friedman CA 1895–1978 1952–1953 Truman, Truman not confirmed[6]
19 Hamlin, Jr., Oliver DevetaOliver Deveta Hamlin, Jr. CA 1892–1973 1953–1958 Eisenhower, Eisenhower reappointment
20 Halbert, SherrillSherrill Halbert CA 1901–1991 1954–1966 Eisenhower, Eisenhower reassignment
21 Wollenberg, Albert CharlesAlbert Charles Wollenberg CA 1900–1981 1958–1975 1975–1981 Eisenhower, Eisenhower death
22 Burke, Lloyd HudsonLloyd Hudson Burke CA 1916–1988 1958–1979 1979–1988 Eisenhower, Eisenhower death
23 Sweigert, William ThomasWilliam Thomas Sweigert CA 1900–1983 1959–1973 1973–1983 Eisenhower, Eisenhower death
24 MacBride, Thomas JamisonThomas Jamison MacBride CA 1914–2000 1961–1966 Kennedy, Kennedy reassignment
25 Zirpoli, AlfonsoAlfonso Zirpoli CA 1905–1995 1961–1975 1975–1995 Kennedy, Kennedy death
26 Weigel, Stanley AlexanderStanley Alexander Weigel CA 1905–1999 1962–1982 1982–1997 Kennedy, Kennedy retirement
27 Peckham, Robert FrancisRobert Francis Peckham CA 1920–1993 1966–1988 1976–1988 1988–1993 Johnson, L.L. Johnson death
28 Levin, Gerald SanfordGerald Sanford Levin CA 1906–1971 1969–1971 Nixon, Nixon death
29 Schnacke, Robert HowardRobert Howard Schnacke CA 1913–1994 1970–1983 1983–1994 Nixon, Nixon death
30 Conti, SamuelSamuel Conti CA 1922–present 1970–1987 1987–2015 Nixon, Nixon retirement
31 Williams, Spencer MortimerSpencer Mortimer Williams CA 1922–2008 1971–1987 1987–2008 Nixon, Nixon death
32 Renfrew, Charles ByronCharles Byron Renfrew CA 1928–present 1971–1980 Nixon, Nixon resignation
33 Orrick, Jr., William HorsleyWilliam Horsley Orrick, Jr. CA 1915–2003 1974–1985 1985–2003 Nixon, Nixon death
34 Ingram, William AustinWilliam Austin Ingram CA 1924–2002 1976–1990 1988–1990 1990–2002 Ford, Ford death
35 Poole, Cecil F.Cecil F. Poole CA 1914–1997 1976–1980 Ford, Ford reappointment
37 Aguilar, Robert PeterRobert Peter Aguilar CA 1931–present 1980–1996 1996 Carter, Carter retirement
39 Hall Patel, MarilynMarilyn Hall Patel CA 1938–present 1980–2009 1997–2004 2009–2012 Carter retirement
40 Lynch, Eugene F.Eugene F. Lynch CA 1931–present 1982–1997 1997 Reagan, Reagan retirement
41 Vukasin Jr., John P.John P. Vukasin Jr. CA 1928–1993 1983–1993 Reagan, Reagan death
42 Legge, Charles A.Charles A. Legge CA 1930–present 1984–2001 Reagan, Reagan retirement
43 Jensen, D. LowellD. Lowell Jensen CA 1928–present 1986–1997 1997–2014 Reagan, Reagan retirement
44 Smith, Fern M.Fern M. Smith CA 1933–present 1988–2003 2003–2005 Reagan, Reagan retirement
45 Walker, VaughnVaughn Walker CA 1944–present 1989–2011 2004–2010 G.H.W. Bush retirement
46 Ware, W. JamesW. James Ware CA 1946–present 1990–2012 2011–2012 G.H.W. Bush retirement
48 Caulfield, Barbara A.Barbara A. Caulfield CA 1947–2010 1991–1994 Bush, G.H.W.G.H.W. Bush resignation
54 Jenkins, MartinMartin Jenkins CA 1954–present 1997–2008 Clinton, Clinton resignation

Succession of seats

Seat 1
Seat established on September 28, 1850 by 9 Stat. 521
Hoffman, Jr. 1851–1866
Seat made concurrent with Southern District on August 31, 1852 by 10 Stat. 76, 84
Seat reassigned solely to Northern District on January 18, 1854 by 10 Stat. 265
Seat reassigned to District of California on July 27, 1866 by 14 Stat. 300
Seat reassigned to Northern District on August 5, 1886 by 24 Stat. 308
Hoffman, Jr. 1886–1891
Morrow 1891–1897
DeHaven 1897–1913
Dooling 1913–1924
St. Sure 1925–1947
Erskine 1949–1951
Friedman 1952–1953
Hamlin, Jr. 1953–1958
Burke 1958–1979
Seat abolished in 1979 (temporary judgeship expired)

Seat 2
Seat established on March 2, 1907 by 34 Stat. 1253
Van Fleet 1907–1923
Kerrigan 1924–1935
Roche 1935–1958
Wollenberg 1958–1975
Schwarzer 1976–1991
Caulfield 1991–1994
Illston 1995–2013
Chhabria 2014–present

Seat 3
Seat established on September 14, 1922 by 42 Stat. 837 (temporary)
Partridge 1923–1926
Seat made permanent on March 3, 1927 by 44 Stat. 1372
Louderback 1928–1941
Goodman 1942–1961
Weigel 1962–1982
Vukasin, Jr. 1983–1993
Chesney 1995–2009
Seeborg 2010–present

Seat 4
Seat established on May 31, 1938 by 52 Stat. 584, 585
Welsh 1939–1947
Lemmon 1947–1954
Halbert 1954–1966
Seat reassigned to Eastern District on September 18, 1966 by 80 Stat. 75

Seat 5
Seat established on June 15, 1946 by 60 Stat. 260
Harris 1946–1970
Schnacke 1970–1983
Legge 1984–2001
White 2002–present

Seat 6
Seat established on August 3, 1949 by 63 Stat. 493
Carter 1950–1976
Poole 1976–1980
Henderson 1980–1998
Alsup 1999–present

Seat 7
Seat established on August 3, 1949 by 63 Stat. 493
Murphy 1950–1958
Sweigert 1959–1973
W.H. Orrick, Jr. 1974–1985
Jensen 1986–1997
Breyer 1997–2011
W.H. Orrick III 2013–present

Seat 8
Seat established on May 19, 1961 by 75 Stat. 80
MacBride 1961–1966
Seat reassigned to Eastern District on September 18, 1966 by 80 Stat. 75

Seat 9
Seat established on May 19, 1961 by 75 Stat. 80
Zirpoli 1961–1975
Ingram 1976–1990
Armstrong 1991–2012
Tigar 2013–present

Seat 10
Seat established on March 18, 1966 by 80 Stat. 75
Peckham 1966–1988
Ware 1990–2012
Donato 2014–present

Seat 11
Seat established on March 18, 1966 by 80 Stat. 75
Levin 1969–1971
Renfrew 1971–1980
Lynch 1982–1997
Jenkins 1997–2008
Chen 2011–present

Seat 12
Seat established on June 2, 1970 by 84 Stat. 294
Conti 1970–1987
Smith 1988–2003
Seat abolished on May 15, 2003 (temporary judgeship expired)

Seat 13
Seat established on June 2, 1970 by 84 Stat. 294
Williams 1971–1987
Walker 1989–2011
Rogers 2011–present

Seat 14
Seat established on October 20, 1978 by 92 Stat. 1629
Aguilar 1980–1996
Fogel 1998–2014
Seat abolished on December 31, 2014 (temporary judgeship expired)

Seat 15
Seat established in 1979 pursuant to 71 Stat. 586 (temporary)
Seat became permanent upon the abolition of Seat 1 on March 15, 1988
Patel 1980–2009
Davila 2011–present

Seat 16
Seat established on December 1, 1990 by 104 Stat. 5089
Whyte 1992–2009
Koh 2010–present

Seat 17
Seat established on December 1, 1990 by 104 Stat. 5089
Wilken 1993–2014
Gilliam, Jr. 2014–present

Seat 18
Seat established on February 9, 2000 pursuant to 104 Stat. 5089 (temporary)
Seat became permanent upon the abolition of Seat 12 on May 15, 2003
Hamilton 2000–present

Seat 19
Seat established on October 3, 2011 pursuant to 104 Stat. 5089 (temporary)
Seat became permanent upon the abolition of Seat 14 on December 31, 2014
Freeman 2014–present

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. Brian Stretch was appointed by President Barack Obama to serve as the United States Attorney for the Northern District of California on March 30, 2016.

See also

Notes

  1. 1 2 3 4 U.S. District Courts of California, Legislative history, Federal Judicial Center.
  2. 1 2 3 4 5 Willoughby Rodman, History of the Bench and Bar of Southern California (1909), p. 46.
  3. http://impaneled.com/2013/07/02/in-this-corner/
  4. Future Judicial Vacancies
  5. 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.
  6. Recess appointment; the United States Senate later rejected the appointment.
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