Virginia K. DeMarchi
How Judge DeMarchi rules, drawn from 10 signed orders. Every observation links to the order it came from.
How Judge DeMarchi decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
Procedural preferences
She tailors executive discovery to the witness's unique information: a limited deposition may proceed while duplicative custodial-file collection is denied.
“The deposition will be limited to two hours on the record. The parties shall cooperate in the scheduling of the deposition for a date and time convenient to the witness that is on or before August 5, 2026. Teva need not collect, review, and produce documents from Mr. Francis’s custodial files.”
Cautions
She protects nonparties from subpoenas that seek expert opinions rather than unique factual knowledge when equivalent expertise can be obtained elsewhere.
“Dr. Snyder has no relevant factual information, and to the extent Corcept wishes to question him about the practices and concerns of other endocrinologists or endocrinologists generally, the subpoena improperly seeks Dr. Snyder’s expert opinion without establishing that he has any unique expertise that Corcept could not otherwise obtain without undue hardship.”
In the reviewed securities discovery dispute, she protected counsel's work product when the requesting party could obtain the underlying facts by collecting documents and deposing the identified witnesses.
“The Court is not persuaded that defendants have shown a substantial need for disclosure of plaintiff’s counsel’s work product. Defendants know who the former employees are. They can readily assess the accuracy of the FAC’s allegations by obtaining documents relevant to those allegations and questioning the former employees about the pertinent facts and any other facts that might undermine plaintiff’s claims.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“On May 18, 2023, Magistrate Judge Virginia K. DeMarchi issued a Report and Recommendation, recommending that this pro se case be dismissed as plaintiff's claims are barred by the doctrine of res judicata. ... Having reviewed the Report and Recommendation and the full record of this case, I ADOPT the Report and Recommendation in full and DISMISS this case with prejudice as barred by res judicata.”
“the allegations in the amended complaint fail to state a plausible claim for relief or a basis for the Court to exercise subject matter jurisdiction, and the Court finds no basis to conclude that there are additional facts that could be alleged on a further amendment to cure the deficiencies identified above. Accordingly, the Court recommends that the amended complaint be dismissed without further leave to amend.”
“As the motion for leave appears to contain the arguments Team Co says it would make if given leave to file a motion for reconsideration, the Court grants the motion for leave and will reconsider its July 20, 2022 order based on grounds set forth in Team Co's motion for leave. ... the Court declines to postpone service on Google and to defer the question of consent/declination to magistrate judge jurisdiction until after the Court decides Team Co's Section 1782 application.”
“Within three court days of this order, Dropbox may identify five invalidity contention charts per asserted patent, each with a single prior art reference per chart (for a total of 10 invalidity contention charts); however, four of the prior art references must be the same/overlap as between the two patents, with only one unique prior art reference per patent. ... Dropbox may identify no more than seven total terms or phrases across both patents for which Dropbox asserts an invalidity challenge under 35 U.S.C. Section 112.”
“The Court agrees with Meta that Interrogatory No. 7 is overbroad and seeks information that is neither relevant nor proportional to the needs of this case. ... Accordingly, the Court denies plaintiffs' request for an order requiring Meta to comply with the full scope of Interrogatory No. 7.”
“The Court cannot order defendants to produce recordings they do not have. ... Accordingly, the motion to compel is denied.”
“Corcept may take Mr. Francis’s deposition regarding his critique of the nature of Teva’s strategies for promoting generic mifepristone and his ideas for possible solutions. The deposition will be limited to two hours on the record.”
“Good cause appearing, the Court grants defendant’s sealing motion.”
“Good cause appearing, the Court also grants Corcept’s administrative motion to file under seal the documents and deposition excerpts cited in the discovery dispute letter.”
“The Court grants Dr. Snyder’s motion to quash.”
“Good cause appearing, the Court grants Dr. Snyder’s sealing motion.”
“the Court orders defendants to produce to plaintiffs the documents defendants previously produced to the DOJ, subject to the limitations explained below. Defendants need not produce any other documents responsive to RFPs 2-4.”
“Good cause appearing, the Court grants plaintiffs’ sealing motion, as narrowed by Block.”
“For the reasons explained above, the Court grants plaintiff’s request for a protective order regarding RFPs 1, 2, 5 and 6 in the document subpoenas directed to the former employees.”
“Based on the foregoing, the Court affirms the ALJ’s decision. The Clerk shall enter judgment accordingly and close this file.”
Caseload & timing
From public federal docket records for this judge.
- As an initially assigned San Jose magistrate judge, DeMarchi handles a broad mix that is notable for foreign-discovery and other miscellaneous discovery applications, alongside Social Security appeals, immigration and administrative-review matters, civil rights, False Claims Act, copyright, prisoner and habeas cases, and criminal-magistrate duties.
- The durations measure filing to termination, not motion-to-ruling time.
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