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 the 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.
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Because it covers San Francisco and Silicon Valley, the Northern District of California has become the presumptive destination for major federal lawsuits (such as large class actions and multi-district litigation) involving "Big Tech" defendants.
[1] 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).
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.[2] The boundary line was at the 37th parallel of North Latitude.[3] 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,[2] 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.[3] 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.[2][3]
Twenty years later, on August 5, 1886, Congress re-created the Southern District of California by 24 Stat. 308.[3] 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.[3] On March 18, 1966, the Eastern and Central Districts were created from portions of the Northern and Southern Districts by 80 Stat. 75.[2]
As of May 7, 2024:[update]
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From 1852 to 1854, Judge Hoffman was jointly appointed to the Northern and Southern Districts of California.
Recess appointment; formally nominated on December 3, 1907, confirmed by the Senate on December 17, 1907, and received commission on December 17, 1907
Recess appointment; the Senate later rejected the appointment
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.
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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 | 1958–1988 |
Seat abolished in 1988 (temporary judgeship expired) |
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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 |
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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 |
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Seat 10 |
Seat established on March 18, 1966 by 80 Stat. 75 |
Peckham | 1966–1988 |
Ware | 1990–2012 |
Donato | 2014–present |
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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) |
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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) |
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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
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Seat 16 |
Seat established on December 1, 1990 by 104 Stat. 5089 |
Whyte | 1992–2009 |
Koh | 2010–2021 |
Pitts | 2023–present |
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Seat 17 |
Seat established on December 1, 1990 by 104 Stat. 5089 |
Wilken | 1993–2014 |
Gilliam Jr. | 2014–present |
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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 | 2000–2021 |
Thompson | 2022–present |
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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 |
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The United States Attorney for the Northern District of California represents the United States in civil and criminal litigation in the court. As of March 21, 2023[update] the United States attorney is Ismail Ramsey.
Willoughby Rodman, History of the Bench and Bar of Southern California (1909), p. 46.