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    • Edward J. Davila

    See more on Edward J. Davila

    Senior District Judge
    USDC Northern District of California
    Robert F. Peckham Federal Building & US Courthouse
    Department/Division: 4 Days: M-F Courtroom/Floor: 5th

    280 S First Street #2112
    San Jose , CA 95113-3008
    (408) 535-5356



    Took senior status, October 2023; appointed to the Northern District of California by President Barack Obama, 2011; judge, Santa Clara County Superior court, 2001-11; partner, Davila & Polverino, San Jose, 1988-2001; deputy public defender, Santa Clara County, 1981-88

    UC Hastings College of Law



    Judicial Profiles
    Title Court Published
    Devoted to Diversity U.S. Judge Edward Davila strives to hire people that represent the court’s community. Northern District of California (San Jose) Oct. 15, 2020
    Edward J. Davila Northern District (San Jose) Jul. 25, 2012

    Rulings
    Case Category Published
    Public Employees Retirement Association of New Mexico v. Earley
    vacated and remanded
    		 Civil Procedure May 3, 2024
    Best Carpet Values, Inc. v. Google LLC
    reversed
    		 Torts Jan. 11, 2024
    Amended Opinion: Amalgamated Bank v. Facebook, Inc.
    reversed and remanded
    		 Securities Dec. 4, 2023
    Amalgamated Bank v. Facebook, Inc.
    reversed and remanded
    		 Securities Oct. 18, 2023
    U.S. v. Hougen
    affirmed
    		 Criminal Law and Procedure Aug. 1, 2023
    Doe I v. Cisco Systems, Inc.
    reversed in part
    		 International Law Jul. 7, 2023
    Enigma Software Group USA LLC v. Malwarebytes, Inc.
    reversed and remanded
    		 Commercial Law Jun. 2, 2023
    Prescott v. Santoro
    affirmed
    		 Criminal Law and Procedure Nov. 15, 2022
    Killgore v. Specpro Professional Services
    reversed in part
    		 Employment Law Oct. 20, 2022
    In Re Apple Inc. Device Performance Litigation
    vacated and remanded
    		 Civil Procedure Sep. 28, 2022
    Sicre De Fontbrune v. Wofsy
    reversed and remanded
    		 Copyright Jul. 13, 2022
    Ray v. Lara
    affirmed
    		 Prisoners' Rights Apr. 12, 2022
    Amended Opinion: Bladeroom Group Ltd. v. Emerson Electric
    reversed and remanded
    		 Contracts Dec. 22, 2021
    Optronic Technologies v. Ningbo Sunny Electronic
    vacated in whole or part
    		 Antitrust Dec. 7, 2021
    Plaskett v. Wormuth
    affirmed
    		 Administrative Agencies Nov. 22, 2021
    Bladeroom Group Ltd. v. Emerson Electric
    reversed and remanded
    		 Contracts Aug. 31, 2021
    Guenther v. Lockheed Martin
    affirmed
    		 Civil Procedure Aug. 26, 2020
    In re Facebook Inc. Internet Tracking Litigation
    affirmed in part
    		 statutory_interpretation Apr. 10, 2020
    Amended Opinion: Enigma Software v. Malwarebytes, Inc.
    reversed and remanded
    		 Cyber Law Jan. 2, 2020
    Enigma Software v. Malwarebytes, Inc.
    reversed and remanded
    		 Cyber Law Sep. 13, 2019
    Rodriguez v. City of San Jose
    affirmed
    		 Civil Procedure Jul. 24, 2019
    Interior Glass Systems v. U.S.
    affirmed
    		 Tax Jun. 27, 2019
    U.S. v. Torres
    affirmed
    		 Constitutional Law Jan. 9, 2019
    U.S. v. Vasquez-Gonzalez
    affirmed
    		 Criminal Law and Procedure Aug. 23, 2018
    Mejia v. Sessions
    author
    		 Immigration Aug. 30, 2017
    In re Google Referrer Header Privacy Litigation
    affirmed
    		 Civil Procedure Aug. 23, 2017

    Verdicts & Settlements
    Case Name Topic Role Published
    Philip Zwerling v. Ford Motor Company, Keller Ford Lincoln, and Does 1 through 10, inclusive Consumer Law judge Aug. 2, 2024
    Damarcus Stewart, on behalf of himself and all others similarly situated v. Accurate Background LLC Consumer Law judge Jul. 26, 2024
    MLW Media LLC v. World Wrestling Entertainment Inc. Antitrust judge Jun. 21, 2024
    In re: VMWare Inc. Stockholder Derivative Litigation Securities judge Mar. 1, 2024
    In re: Facebook Inc. Internet Tracking Litigation Contracts judge Mar. 1, 2024
    John Harbour, Tami Wisnesky, Joweli Vunisa, and J. Doe, individually and on behalf of all others similarly situated v. California Health & Wellness Plan; Health Net of California Inc.; Health Net Life Insurance Company; Centene Corporation; Health Net Community Solutions Inc.; Health Net LLC, and Accellion Inc. Contracts judge Feb. 2, 2024
    Donna J. Forsyth, Arun Vatturi, Dan Weiland, Shafiq Rahman, and Kevin Alviso, for and on behalf of themselves and other persons similarly situated v. HP Inc., Hewlett Packard Enterprise Company Employment Law judge Feb. 2, 2024
    In re LinkedIn ERISA Litigation Contracts judge Dec. 15, 2023
    Jessica Konen and A.G., her minor child v. Lori Caldeira, Kelly Baraki, Katelyn Pagaran, Spreckels Union School District Civil Rights judge Dec. 8, 2023
    Maria Elena Vasquez v. City of San Jose Civil Rights judge Nov. 17, 2023
    Rudy Ortega v. City of San Jose, et al. Civil Rights judge Jun. 16, 2023
    Robert Chaparro v. United States of America Medical judge May 19, 2023
    Peter Mai, on behalf of himself and all others similarly situated v. Supercell Oy Business Law judge May 5, 2023
    In re: Google Referrer Header Privacy Litigation Consumer Law judge Apr. 14, 2023
    In re: MacBook Keyboard Litigation Torts judge Mar. 24, 2023
    Sharae Massey v. Star Nursing Inc. Employment Law judge Jan. 27, 2023
    Adam Askari, D.D.S. Corp. v. U.S. Bancorp, et al. Contracts judge Jan. 20, 2023
    In re Eventbrite, Inc. Securities Litigation Securities judge Jan. 13, 2023
    In re: Restoration Robotics Inc. Securities Litigation Securities judge Jan. 13, 2023
    Michael Sanders, individually and on behalf of all others similarly situated v. The Realreal Inc., Julie Wainwright, Matt Gustke, Steve Lo, Chip Baird, Maha Ibrahim, Rob Krolik, Michael Kumin, Stefan Larsson, Niki Leondakis, James Miller, Credit Suisse Securities (USA) LLC, BOFA Securities Inc., UBS Securities LLC, Keybanc Capital Markets Inc., Stifel, Nicolaus & Company, Cowen and Company LLC, Raymond James & Associates Inc. Securities judge Dec. 23, 2022
    Dylan Camarlinghi, on behalf of himself and others similarly situated v. Santa Clara County, and Does 1-25 Constitutional Law judge Nov. 25, 2022
    In Re: Western Asbestos Settlement Trust Bankruptcy judge Nov. 18, 2022
    Gregory Malley v. San Jose Midtown Development LLC, et al. Torts judge Oct. 28, 2022
    Scott Johnson v. LMT Foods Inc. Civil Rights judge Aug. 19, 2022
    Sutter's Place Inc. v. Zurich American Life Insurance Company Insurance judge May 6, 2022
    Audrey L. Kimner v. Berkeley County South Carolina Personal Injury judge May 6, 2022
    Ricky Cochran, Alain Berrebi, and Jaramey Stobbe, individually and on behalf of all others similarly situated v. The Kroger Co., Accellion Inc. Contracts judge Apr. 22, 2022
    Jaramey Stobbe v. Accellion Inc. Torts judge Feb. 4, 2022
    In re Facebook Inc. Securities Litigation Securities judge Jan. 7, 2022
    Grace Beyer, Christopher Hauser, Charles Tyer, and Stefanie Burton, individually and on behalf of all others similarly situated v. Flagstar Bancorp Inc., Flagstar Bank FSB, and Accellion Inc. Fraud judge Oct. 1, 2021
    Apple Inc. v. Zipit Wireless Inc. Intellectual Property judge Mar. 26, 2021
    Scott Johnson v. Lyndon Partners LLC, DTBA LLC, and Does 1-10 Civil Rights judge Feb. 19, 2021
    Manuela Hernandez, et al. v. County of Santa Clara, et al. Civil Rights judge Jan. 8, 2021
    Lawrence Ogbechie v. R. Covarrubias, et al. Civil Rights judge Nov. 6, 2020
    Tim Gomes and Catherine Gomes v. Santa Clara County, Roshanda Burns, Linda Hsaio Constitutional Law judge Oct. 2, 2020
    In re: Apple Inc. Device Performance Litigation Consumer Law judge Aug. 21, 2020
    In re Google Plus Profile Litigation Torts judge Jul. 17, 2020
    Don Moody v. County of Santa Clara, Bruce Wagstaff Civil Rights judge Feb. 14, 2020
    Optronic Technologies Inc. dba Orion Telescopes & Binoculars v. Ningbo Sunny Electronic Co. Ltd., Sunny Optics Inc., Meade Instruments Corp., and Does 1-25 Antitrust judge Jan. 24, 2020
    Kanta Datt, Ram Datt v. Wells Fargo Bank, N.A. Banking judge Jan. 24, 2020
    In Re HP Printer Firmware Update Litigation Business Law judge Jan. 10, 2020
    P. Stephen Lamont v. David Krane, et al. Intellectual Property judge Jul. 12, 2019
    Yahoo! Inc. v. National Union Fire Insurance Company of Pittsburgh, Pennsylvania Insurance judge Jul. 5, 2019
    eOnline Global Inc. v. Google LLC Contracts judge Jul. 5, 2019
    Nisha Brown and Kathy Williamson, individually and on behalf of all others similarly situated v. Wal-Mart Stores Inc., and Does 1 through 50, inclusive Labor Law judge Jun. 7, 2019
    Securities and Exchange Commission v. Daniel Mattes Securities judge May 17, 2019
    Jose Ramos and Ana Garcia, O.R. a minor, by and through his Parents and Guardian ad Litem, Jose Ramos and Ana Garcia v. San Jose Unified School District and individuals Debra Fields, Neil Aratin, Katy Baiely , Jennifer Willis, Mary Anne Pereira, Sharon Spivak, Mae Lin Bishop, J. Dominic Bejarano, Nancy Albarran, and Jackie Zeller, Defendant(s).; and Does 1-50, inclusive Civil Rights judge Apr. 12, 2019
    Burton Richter, Linda Collins Cork, Georgia L. May, Thomas Merigan, Alfred Spivack and Janice R. Anderson, on behalf of themselves and all others similarly situated v. CC-Palo Alto Inc., Classic Residence Management Limited Partnership, CC-Development Group Inc. Fraud judge Apr. 5, 2019
    In Re Apple Processor Litigation Contracts judge Feb. 22, 2019
    In Re Kalobios Pharmaceuticals Inc. Securities Litigation Securities judge Jan. 11, 2019
    Paul Orshan, Christopher Endara, and David Henderson v. Apple Inc. Consumer Law judge Dec. 14, 2018
    Microsoft Corporation v. Corel Corporation and Corel Inc. Intellectual Property judge Mar. 23, 2018
    Wo of Ideafarm v. County of Santa Clara, City of Mountain View Civil Rights judge Feb. 23, 2018
    Fatmata Sesay (Osias) v. Santa Clara County Valley Medical Center, et al. Employment Law judge Feb. 2, 2018
    Enigma Software Group USA LLC v. Malwarebytes Inc. Intellectual Property judge Dec. 1, 2017
    Sofia Zoumboulakis v. Richard A. McGinn, et al. Securities judge Nov. 3, 2017
    Ralph B. Neal v. Select Portfolio Servicing Inc., et al. Real Property judge Oct. 27, 2017
    Winston Smith, Jane Doe I, and Jane Doe II, on behalf of themselves and all others similarly situated v. Facebook Inc., American Cancer Society Inc., American Society of Clinical Oncology Inc., Melanoma Research Foundation, Adventist Health System, BJC Healthcare, Cleveland Clinic, University of Texas - MD Anderson Cancer Center Torts judge Jul. 7, 2017
    Title Court Published
    Devoted to Diversity U.S. Judge Edward Davila strives to hire people that represent the court’s community. Northern District of California (San Jose) Oct. 15, 2020
    Edward J. Davila Northern District (San Jose) Jul. 25, 2012
    Case Category Published
    Public Employees Retirement Association of New Mexico v. Earley
    vacated and remanded
    		 Civil Procedure May 3, 2024
    Best Carpet Values, Inc. v. Google LLC
    reversed
    		 Torts Jan. 11, 2024
    Amended Opinion: Amalgamated Bank v. Facebook, Inc.
    reversed and remanded
    		 Securities Dec. 4, 2023
    Amalgamated Bank v. Facebook, Inc.
    reversed and remanded
    		 Securities Oct. 18, 2023
    U.S. v. Hougen
    affirmed
    		 Criminal Law and Procedure Aug. 1, 2023
    Doe I v. Cisco Systems, Inc.
    reversed in part
    		 International Law Jul. 7, 2023
    Enigma Software Group USA LLC v. Malwarebytes, Inc.
    reversed and remanded
    		 Commercial Law Jun. 2, 2023
    Prescott v. Santoro
    affirmed
    		 Criminal Law and Procedure Nov. 15, 2022
    Killgore v. Specpro Professional Services
    reversed in part
    		 Employment Law Oct. 20, 2022
    In Re Apple Inc. Device Performance Litigation
    vacated and remanded
    		 Civil Procedure Sep. 28, 2022
    Sicre De Fontbrune v. Wofsy
    reversed and remanded
    		 Copyright Jul. 13, 2022
    Ray v. Lara
    affirmed
    		 Prisoners' Rights Apr. 12, 2022
    Amended Opinion: Bladeroom Group Ltd. v. Emerson Electric
    reversed and remanded
    		 Contracts Dec. 22, 2021
    Optronic Technologies v. Ningbo Sunny Electronic
    vacated in whole or part
    		 Antitrust Dec. 7, 2021
    Plaskett v. Wormuth
    affirmed
    		 Administrative Agencies Nov. 22, 2021
    Bladeroom Group Ltd. v. Emerson Electric
    reversed and remanded
    		 Contracts Aug. 31, 2021
    Guenther v. Lockheed Martin
    affirmed
    		 Civil Procedure Aug. 26, 2020
    In re Facebook Inc. Internet Tracking Litigation
    affirmed in part
    		 statutory_interpretation Apr. 10, 2020
    Amended Opinion: Enigma Software v. Malwarebytes, Inc.
    reversed and remanded
    		 Cyber Law Jan. 2, 2020
    Enigma Software v. Malwarebytes, Inc.
    reversed and remanded
    		 Cyber Law Sep. 13, 2019
    Rodriguez v. City of San Jose
    affirmed
    		 Civil Procedure Jul. 24, 2019
    Interior Glass Systems v. U.S.
    affirmed
    		 Tax Jun. 27, 2019
    U.S. v. Torres
    affirmed
    		 Constitutional Law Jan. 9, 2019
    U.S. v. Vasquez-Gonzalez
    affirmed
    		 Criminal Law and Procedure Aug. 23, 2018
    Mejia v. Sessions
    author
    		 Immigration Aug. 30, 2017
    In re Google Referrer Header Privacy Litigation
    affirmed
    		 Civil Procedure Aug. 23, 2017
    Case Name Topic Role Published
    Philip Zwerling v. Ford Motor Company, Keller Ford Lincoln, and Does 1 through 10, inclusive Consumer Law judge Aug. 2, 2024
    Damarcus Stewart, on behalf of himself and all others similarly situated v. Accurate Background LLC Consumer Law judge Jul. 26, 2024
    MLW Media LLC v. World Wrestling Entertainment Inc. Antitrust judge Jun. 21, 2024
    In re: VMWare Inc. Stockholder Derivative Litigation Securities judge Mar. 1, 2024
    In re: Facebook Inc. Internet Tracking Litigation Contracts judge Mar. 1, 2024
    John Harbour, Tami Wisnesky, Joweli Vunisa, and J. Doe, individually and on behalf of all others similarly situated v. California Health & Wellness Plan; Health Net of California Inc.; Health Net Life Insurance Company; Centene Corporation; Health Net Community Solutions Inc.; Health Net LLC, and Accellion Inc. Contracts judge Feb. 2, 2024
    Donna J. Forsyth, Arun Vatturi, Dan Weiland, Shafiq Rahman, and Kevin Alviso, for and on behalf of themselves and other persons similarly situated v. HP Inc., Hewlett Packard Enterprise Company Employment Law judge Feb. 2, 2024
    In re LinkedIn ERISA Litigation Contracts judge Dec. 15, 2023
    Jessica Konen and A.G., her minor child v. Lori Caldeira, Kelly Baraki, Katelyn Pagaran, Spreckels Union School District Civil Rights judge Dec. 8, 2023
    Maria Elena Vasquez v. City of San Jose Civil Rights judge Nov. 17, 2023
    Rudy Ortega v. City of San Jose, et al. Civil Rights judge Jun. 16, 2023
    Robert Chaparro v. United States of America Medical judge May 19, 2023
    Peter Mai, on behalf of himself and all others similarly situated v. Supercell Oy Business Law judge May 5, 2023
    In re: Google Referrer Header Privacy Litigation Consumer Law judge Apr. 14, 2023
    In re: MacBook Keyboard Litigation Torts judge Mar. 24, 2023
    Sharae Massey v. Star Nursing Inc. Employment Law judge Jan. 27, 2023
    Adam Askari, D.D.S. Corp. v. U.S. Bancorp, et al. Contracts judge Jan. 20, 2023
    In re Eventbrite, Inc. Securities Litigation Securities judge Jan. 13, 2023
    In re: Restoration Robotics Inc. Securities Litigation Securities judge Jan. 13, 2023
    Michael Sanders, individually and on behalf of all others similarly situated v. The Realreal Inc., Julie Wainwright, Matt Gustke, Steve Lo, Chip Baird, Maha Ibrahim, Rob Krolik, Michael Kumin, Stefan Larsson, Niki Leondakis, James Miller, Credit Suisse Securities (USA) LLC, BOFA Securities Inc., UBS Securities LLC, Keybanc Capital Markets Inc., Stifel, Nicolaus & Company, Cowen and Company LLC, Raymond James & Associates Inc. Securities judge Dec. 23, 2022
    Dylan Camarlinghi, on behalf of himself and others similarly situated v. Santa Clara County, and Does 1-25 Constitutional Law judge Nov. 25, 2022
    In Re: Western Asbestos Settlement Trust Bankruptcy judge Nov. 18, 2022
    Gregory Malley v. San Jose Midtown Development LLC, et al. Torts judge Oct. 28, 2022
    Scott Johnson v. LMT Foods Inc. Civil Rights judge Aug. 19, 2022
    Sutter's Place Inc. v. Zurich American Life Insurance Company Insurance judge May 6, 2022
    Audrey L. Kimner v. Berkeley County South Carolina Personal Injury judge May 6, 2022
    Ricky Cochran, Alain Berrebi, and Jaramey Stobbe, individually and on behalf of all others similarly situated v. The Kroger Co., Accellion Inc. Contracts judge Apr. 22, 2022
    Jaramey Stobbe v. Accellion Inc. Torts judge Feb. 4, 2022
    In re Facebook Inc. Securities Litigation Securities judge Jan. 7, 2022
    Grace Beyer, Christopher Hauser, Charles Tyer, and Stefanie Burton, individually and on behalf of all others similarly situated v. Flagstar Bancorp Inc., Flagstar Bank FSB, and Accellion Inc. Fraud judge Oct. 1, 2021
    Apple Inc. v. Zipit Wireless Inc. Intellectual Property judge Mar. 26, 2021
    Scott Johnson v. Lyndon Partners LLC, DTBA LLC, and Does 1-10 Civil Rights judge Feb. 19, 2021
    Manuela Hernandez, et al. v. County of Santa Clara, et al. Civil Rights judge Jan. 8, 2021
    Lawrence Ogbechie v. R. Covarrubias, et al. Civil Rights judge Nov. 6, 2020
    Tim Gomes and Catherine Gomes v. Santa Clara County, Roshanda Burns, Linda Hsaio Constitutional Law judge Oct. 2, 2020
    In re: Apple Inc. Device Performance Litigation Consumer Law judge Aug. 21, 2020
    In re Google Plus Profile Litigation Torts judge Jul. 17, 2020
    Don Moody v. County of Santa Clara, Bruce Wagstaff Civil Rights judge Feb. 14, 2020
    Optronic Technologies Inc. dba Orion Telescopes & Binoculars v. Ningbo Sunny Electronic Co. Ltd., Sunny Optics Inc., Meade Instruments Corp., and Does 1-25 Antitrust judge Jan. 24, 2020
    Kanta Datt, Ram Datt v. Wells Fargo Bank, N.A. Banking judge Jan. 24, 2020
    In Re HP Printer Firmware Update Litigation Business Law judge Jan. 10, 2020
    P. Stephen Lamont v. David Krane, et al. Intellectual Property judge Jul. 12, 2019
    Yahoo! Inc. v. National Union Fire Insurance Company of Pittsburgh, Pennsylvania Insurance judge Jul. 5, 2019
    eOnline Global Inc. v. Google LLC Contracts judge Jul. 5, 2019
    Nisha Brown and Kathy Williamson, individually and on behalf of all others similarly situated v. Wal-Mart Stores Inc., and Does 1 through 50, inclusive Labor Law judge Jun. 7, 2019
    Securities and Exchange Commission v. Daniel Mattes Securities judge May 17, 2019
    Jose Ramos and Ana Garcia, O.R. a minor, by and through his Parents and Guardian ad Litem, Jose Ramos and Ana Garcia v. San Jose Unified School District and individuals Debra Fields, Neil Aratin, Katy Baiely , Jennifer Willis, Mary Anne Pereira, Sharon Spivak, Mae Lin Bishop, J. Dominic Bejarano, Nancy Albarran, and Jackie Zeller, Defendant(s).; and Does 1-50, inclusive Civil Rights judge Apr. 12, 2019
    Burton Richter, Linda Collins Cork, Georgia L. May, Thomas Merigan, Alfred Spivack and Janice R. Anderson, on behalf of themselves and all others similarly situated v. CC-Palo Alto Inc., Classic Residence Management Limited Partnership, CC-Development Group Inc. Fraud judge Apr. 5, 2019
    In Re Apple Processor Litigation Contracts judge Feb. 22, 2019
    In Re Kalobios Pharmaceuticals Inc. Securities Litigation Securities judge Jan. 11, 2019
    Paul Orshan, Christopher Endara, and David Henderson v. Apple Inc. Consumer Law judge Dec. 14, 2018
    Microsoft Corporation v. Corel Corporation and Corel Inc. Intellectual Property judge Mar. 23, 2018
    Wo of Ideafarm v. County of Santa Clara, City of Mountain View Civil Rights judge Feb. 23, 2018
    Fatmata Sesay (Osias) v. Santa Clara County Valley Medical Center, et al. Employment Law judge Feb. 2, 2018
    Enigma Software Group USA LLC v. Malwarebytes Inc. Intellectual Property judge Dec. 1, 2017
    Sofia Zoumboulakis v. Richard A. McGinn, et al. Securities judge Nov. 3, 2017
    Ralph B. Neal v. Select Portfolio Servicing Inc., et al. Real Property judge Oct. 27, 2017
    Winston Smith, Jane Doe I, and Jane Doe II, on behalf of themselves and all others similarly situated v. Facebook Inc., American Cancer Society Inc., American Society of Clinical Oncology Inc., Melanoma Research Foundation, Adventist Health System, BJC Healthcare, Cleveland Clinic, University of Texas - MD Anderson Cancer Center Torts judge Jul. 7, 2017
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