Kandis Westmore

Kandis Arianne Westmore[5] (born January 5, 1966) is a United States Magistrate Judge of the United States District Court for the Northern District of California.

Kandis A. Westmore
United States Magistrate Judge of the United States District Court for the Northern District of California
Assumed office
February 21, 2012[1]
Preceded byJames Larson
Personal details
Born
Kandis Arianne Beasley[2]

(1966-01-05) January 5, 1966[3][2][4]
Alameda County, California[2]
Alma materUniversity of California Berkeley (B.A.)
University of San Francisco School of Law (J.D.)

Education

Westmore received her Bachelors of Arts in Psychology from the University of California Berkeley in 1989.[6] In 1997, Westmore obtained her Juris Doctor degree from the University of San Francisco School of Law.[7] During law school, she served as a judicial extern for the Honorable Saundra Brown Armstrong, U.S. District Judge of the U.S. District Court for the Northern District of California.[8]

Career

Upon graduation from law school, Westmore served as a law clerk for the Contra Costa County Public Defender's Office.[9] She then worked at an Oakland-based boutique law firm specializing in Plaintiff's civil rights litigation.[10]

Oakland City Attorney's Office

In 1999, Westmore joined the Oakland City Attorney's Office as a Deputy City Attorney, where she worked for thirteen years.[11] During her tenure at the Oakland City Attorney's Office, Westmore litigated drug nuisance abatement and code enforcement cases, and also advised city municipal agencies.[12] At the Oakland City Attorney's Office, Westmore also served as a trial attorney and a law-and-motion attorney in the Litigation Division, where she led both offensive and defensive litigation on behalf of the City of Oakland, California and its employees in various federal and state cases involving labor and employment law, civil rights, inverse condemnation, and personal injury law.[7] For her service to the City of Oakland, Westmore has been recognized by community organizations, elected officials and the City itself.[8]

Federal judicial service

On February 21, 2012, Westmore was appointed as U.S. Magistrate Judge for the United States District Court for the Northern District of California, serving in the Oakland, California division and taking the place of prior U.S. Magistrate Judge James L. Larson.[1][13]

Westmore has also served as President-Elect of the Alameda County Bar Association (ACBA) and also volunteered for the ACBA Volunteer Legal Service Corporation's Pro Bono program, where she represented low-income individuals in family lawsuits.[10] She also serves on the Northern District of California's Conviction Alternatives Program (CAP) and its Community Outreach Committee.[12]

Westmore also currently teaches Honors Evidence as an adjunct professor at Golden Gate University School of Law.[7] She has also given a commencement speech for the 2018 graduating class of Saint Mary's College of California.[14]

She is also currently the only sitting African American U.S. Magistrate Judge on the United States District Court for the Northern District of California.[15] Judge Westmore and Judge Donna Ryu are also currently the only two U.S. Magistrate Judges serving in the Oakland Division of the Northern District of California.[15]

Notable rulings

In December 2019, Westmore denied a motion for summary judgment and ordered the U.S. Department of Labor as well as various Silicon Valley companies such as Oracle, Fitbit, Applied Materials, Gilead Sciences, Synopsys, DocuSign, Agilent Technologies, and Xilinx to disclose staff diversity reports in response to a Freedom of Information Act request filed by Reveal from the Center for Investigative Reporting.[16][17]

In 2019, Westmore ruled that the federal government, via law enforcement, cannot force suspects to unlock their smartphones with their fingers or with other biometric authorization features such as facial or iris recognition.[18][19][20][21][22][23][24][25][26][27]

In 2018, Westmore denied the release of Cole White, the alleged Charlottesville rioter with connections to white supremacist groups.[28][29][30][31][32]

In 2016, the United States Court of Appeals for the Federal Circuit affirmed Westmore's decision to appoint a receiver to satisfy a judgment awarding fees and costs in an underlying patent suit brought by an inventor pro se.[33] Earlier in 2015, the Federal Circuit affirmed Westmore's non-infringement ruling of a patent asserted by that pro se inventor against TSI Incorporated and Lockheed Martin.[34]

References
  1. U.S. Courts, Judicial Milestones, Kandis Westmore, https://www.uscourts.gov/judicial-milestones/kandis-westmore
  2. "Kandis A Beasley, Born 01/05/1966 in California | CaliforniaBirthIndex.org". www.californiabirthindex.org.
  3. Hubbell, Martindale (March 2001). Martindale-Hubbell Law Directory: California (A-R, Volume 2, 2001). Martindale-Hubbell. ISBN 9781561604395.
  4. United States Public Records, 1970-2009 (California, 2006)
  5. "Kandis Arianne Westmore Judge Profile on Martindale.com". www.martindale.com.
  6. U.S. District Court for the Northern District of California, Consenting to the Jurisdiction of a Magistrate Judge, http://www.cand.uscourts.gov/filelibrary/34/MJBrochure_Sep_2017.pdf
  7. Kandis A. Westmore, U.S. District Court for the Northern District of California, https://www.cand.uscourts.gov/kaw
  8. Saint Mary's College of California, An Interview with Women in Federal Public Service, https://www.stmarys-ca.edu/an-interview-with-women-in-federal-public-service
  9. CLE Center.com, Federal Litigation Practice: Advancing Your Case Before Magistrate Judges, https://www.clecenter.com/Program/ProgramDescription.aspx?pgmid=4893
  10. Saint Mary's College of California, Saint Mary's Names Renown Photographer Michael Collopy And Esteemed Judge Kandis Westmore 2018 Commencement Speakers, https://www.stmarys-ca.edu/saint-marys-names-renown-photographer-michael-collopy-and-esteemed-judge-kandis-westmore-2018
  11. Kandis A. Westmore, Bloomberg, https://www.bloomberg.com/profiles/people/18356106-kandis-a-westmore
  12. Saint Mary's College of California, SMC Names Celebrated Photographer Michael Collopy and the Honorable Kandis A. Westmore as 2018 Commencement Speakers, https://www.stmarys-ca.edu/smc-names-celebrated-photographer-michael-collopy-and-the-honorable-kandis-a-westmore-as%C2%A02018
  13. Nick McCann, Courthouse News Service, Judge Gonzalez Rogers Joins Oakland Court, https://www.courthousenews.com/judge-gonzalez-rogers-joins-oakland-court/
  14. Saint Mary's College of California, Judge Kandis A. Westmore: Find Opportunities To Contribute To The Cause Of Justice, https://www.stmarys-ca.edu/commencement/judge-kandis-a-westmore-find-opportunities-to-contribute-to-the-cause-of-justice
  15. Judges, U.S. District Court for the Northern District of California, https://www.cand.uscourts.gov/judges
  16. Reveal Staff, Dec. 13, 2019, Judge backs Reveal’s suit to end secrecy around Silicon Valley’s diversity, https://www.revealnews.org/article/judge-backs-reveals-suit-to-end-secrecy-around-silicon-valleys-diversity/
  17. Maria Dinzeo, California Judge Orders Labor Department to Release Diversity Data Reports, https://www.courthousenews.com/california-judge-orders-labor-department-to-release-diversity-data-reports/
  18. Thomas Brewster, Forbes, Jan 14, 2019, Feds Can't Force You To Unlock Your iPhone With Finger Or Face, Judge Rules, https://www.forbes.com/sites/thomasbrewster/2019/01/14/feds-cant-force-you-to-unlock-your-iphone-with-finger-or-face-judge-rules/
  19. Thomas Claburn, Register, Cops told: No, you can't have a warrant to force a big bunch of people to unlock their phones by fingerprint, face scans, https://www.theregister.co.uk/2019/01/14/biometric_device_access/
  20. Mariella Moon, Engadget, US judge rules that feds can't force fingerprint or face phone unlocks, https://gizmodo.com/cops-cant-force-people-to-unlock-their-phones-with-biom-1831743969
  21. Stuart Bishop, Law360, Feds Can't Force Biometric Use To Unlock Phones: Judge, https://www.law360.com/articles/1118407/feds-can-t-force-biometric-use-to-unlock-phones-judge
  22. Megan Trimble, US News, Police Can't Force Some Phone Unlocks, Judge Says, https://www.usnews.com/news/national-news/articles/2019-01-14/police-cant-force-you-to-unlock-your-phone-with-biometrics-california-judge-says
  23. Rhett Jones, Gizmodo, Cops Can't Force People to Unlock Their Phones With Biometrics, Court Rules, https://gizmodo.com/cops-cant-force-people-to-unlock-their-phones-with-biom-1831743969
  24. Joseph Marks, The Washington Post, The Cybersecurity 202: White House emails are highly vulnerable to hackers and spammers, new data shows, https://www.washingtonpost.com/news/powerpost/paloma/the-cybersecurity-202/2019/01/15/the-cybersecurity-202-white-house-emails-are-highly-vulnerable-to-hackers-and-spammers-new-data-shows/5c3ccd031b326b66fc5a1c41/
  25. Brian Feldman, New York Magazine (Intelligencer), Judge Rules that Biometrics Are the Same as Passwords, http://nymag.com/intelligencer/2019/01/judge-rules-that-biometrics-are-the-same-as-passwords.html
  26. Cyrus Farivar, Ars Technica, Feds forcing mass fingerprint unlocks is an “abuse of power,” judge rules, https://arstechnica.com/tech-policy/2019/01/feds-forcing-mass-fingerprint-unlocks-is-an-abuse-of-power-judge-rules/
  27. Chance Miller, 9t05mac, Judge rules law enforcement can’t force suspects to unlock their iPhone with Face ID or Touch ID, https://9to5mac.com/2019/01/14/face-id-touch-id-court-ruling/
  28. Ashley McBride, San Francisco Chronicle, Oakland judge denies release of alleged Charlottesville rioter, white supremacist, https://www.sfchronicle.com/crime/article/Oakland-judge-denies-release-of-alleged-13309340.php
  29. Francesca Munsayac, Oakland judge denies release of former Top Dog employee, http://www.dailycal.org/2018/10/16/oakland-judge-denies-release-of-former-top-dog-employee-arrested-for-attending-charlottesville-rally/
  30. Hannah Fry, Los Angeles Times, White supremacist charged in connection with deadly Charlottesville riot will remain in jail, judge rules, https://www.latimes.com/local/lanow/la-me-ln-white-supremacist-20181016-story.html
  31. Sarah K. Burris, Judge refuses to release ‘flight risk’ Charlottesville rioter who used a torch as a weapon at ‘Unite the Right’, https://www.rawstory.com/2018/10/judge-refuses-release-flight-risk-charlottesville-rioter-used-torch-weapon-unite-right/
  32. Associated Press, KTLA 5, Judge Denies Release of NorCal Man Who Allegedly Incited Riots in Deadly Charlottesville Rally, https://ktla.com/2018/10/15/judge-denies-release-of-norcal-man-who-allegedly-incited-riots-in-deadly-charlottesville-rally/
  33. Lexis Legal News, Federal Circuit Affirms Compelled Assignment Of Inventor’s Patents, https://www.lexislegalnews.com/articles/12733/federal-circuit-affirms-compelled-assignment-of-inventor-s-patents
  34. Ryan Davis, Law360, Fed. Circ. Backs TSI In Particle Detector Patent Suit, https://www.law360.com/articles/614982/fed-circ-backs-tsi-in-particle-detector-patent-suit
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