Southern District Bench Offers Practical Guidance at 22nd Annual Keep Seminar
On September 17, 2026, 260 attendees gathered at the Westin San Diego Gaslamp Quarter to learn from the local federal bench at the Twenty-Second Annual Judith N. Keep Federal Civil Practice Seminar. The San Diego FBA was honored to co-host the event with the U.S. District Court for the Southern District of California. The seminar is dedicated to the memory of Judge Judith N. Keep, who served as a United States District Judge in the Southern District for more than twenty years and as the district’s first female Chief Judge from 1991 to 1998.
San Diego FBA President Kelly Reis opened the program and introduced Chief Judge Cynthia A. Bashant. Chief Judge Bashant gave welcome remarks and recognized the new Magistrate Judges in attendance.
Magistrate Judge Allison H. Goddard then introduced a special video tribute to “The Robe,” Judge Keep’s robe that has been worn by several judges in San Diego (including Judges Cabral, Church, Jensen, Kanter, Pettit, and Torres) for their investiture ceremonies. “The Robe” serves as an homage to the lasting legacy and impact Judge Keep has had in the San Diego legal community, especially for women lawyers and judges.
During the first panel, District Judges Cathy Ann Bencivengo and James E. Simmons, Jr., joined by Career Judicial Law Clerk Martha Nelson, presented “Everything but the (b)(6): Motions to Dismiss Under Rule 12.” Matthew Riley of the U.S. Attorney’s Office moderated. The panel explored the often-overlooked Rule 12 motions beyond 12(b)(6), with Judges Simmons and Bencivengo sharing practical guidance on issues ranging from jurisdiction and venue to service, joinder, and motions to strike. We were also fortunate to have career law clerk Martha Nelson on the panel, who offered a unique chambers perspective on how these issues are identified and evaluated by the Court and practical advice for making Rule 12 briefing more effective.
Next, Chief Judge Bashant, Senior District Judge Anthony J. Battaglia, and Magistrate Judge Valerie E. Torres discussed “Motion Commotion: Dealing with the Often Misunderstood,” moderated by Rada Feldman of Collins + Collins LLP. The panel explored commonly misunderstood motions involving scheduling, sealing and protective orders, and defaults, and put the audience’s knowledge of requests for judicial notice to the test with a pop quiz. Practitioners were encouraged to consult applicable local and chambers rules when filing ex parte motions, never assume that stipulations to seal documents will overcome the strong presumption favoring public access, and understand that scheduling motions must consider the Court’s docket management interests in addition to interests of the parties themselves.
After a short break, District Judges William Q. Hayes and Janis L. Sammartino shared “Bench Notes on Effective Cross-Examination.” James Miao of the U.S. Attorney’s Office moderated. The panelists emphasized the importance of preparation, and shared stories of real courtroom examinations where unwary questioners got more than they bargained for. They also highlighted for attendees one of the most important cross exam skills of all: knowing when to stop talking.
Finally, the District’s newest Magistrate Judges took the stage for “Resolving Civil Disputes: A Discussion with the New Magistrate Judges.” Judges Guillermo Cabrera, Janet A. Cabral, and Brian J. White all joined the bench in 2025 or 2026. Sean Yi of the U.S. Attorney’s Office moderated. The Judges discussed how they manage settlement discussions, early neutral evaluation conferences, case schedules, and discovery disputes in their civil cases. They provided practice pointers and tips to the audience for effectively litigating civil disputes before the Magistrate Judges.
Throughout the afternoon, attendees sent questions to the panelists through live Slido polling and Q&A. After the panels, attendees stayed to meet the judges over drinks and hors d’oeuvres at a reception in the Garden Terrace. Written materials from each panel are available at www.fbasd.org/cle-materials.
The San Diego FBA thanks all of our distinguished panelists and moderators, as well as sponsors Judicate West, Lexitas, and Veritext. Special thanks go to Judge Battaglia, who created the Keep Seminar and has led it since it began 22 years ago. We also thank the Keep Seminar Planning Committee and FBA Board Members Hannah Ohara and Kelly Reis for planning and organizing this signature event. We hope to see you at next year’s seminar!
