Mark Mishak v. Google, Inc. et al

Filing 3

Mark Mishak v. Google, Inc. et al

Doc. 3

Case 2:07-cv-08258-CAS-JCR

Document 3

Filed 01/03/2008

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1 2 3 4 5 6 7 8 9 10 UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA WESTERN DIVISION

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11 MARK MISHAK, dba INEEDTV.COM, 12 Plaintiff(s), 13 vs. 14 GOOGLE, INC., et al., 15 Defendant(s). 16 _______________________________ 17

] Case No. CV 07-8258 CAS (JCRx) ] ] ] ] NOTICE TO COUNSEL ] ] ] ] ] ]]

This case has been reassigned to the calendar of Judge Christina A. Snyder.

18 This Notice to Counsel shall be to all parties appearing in propria persona, and for 19 purposes of this notice, the term "counsel" shall include any person appearing in 20 pro per. 21 Counsel are advised that the Court expects strict compliance with the 22 provisions of the Local Rules and the Federal Rules of Civil Procedure. Copies of 23 the Local Rules may be purchased from one of the following: 24 Los Angeles Daily Journal Metropolitan News 915 E. 1st Street 210 South Spring St. Los Angeles, CA 90012 25 Los Angeles, CA 90012 26 West Group 610 Opperman Drive Egan, Minnesota 55123

The Local Rules may also be found on the United States District Court's

27 website at the following address: HTTP://WWW.CACD.USCOURTS.GOV. 28 Please note that certain of the Local Rules have recently been amended or are now in the process of being amended.
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The attention of counsel is particularly directed to Local Rules 16 and 26 for Counsel are reminded of their obligations to disclose information and confer

2 the conduct of mandatory pretrial and settlement proceedings. 4 on a discovery plan not later than 21 days prior to the date of the Fed. R. Civ. P. 5 16(b) scheduling conference and to report to the Court not later than 14 days after 6 they confer on a discovery plan and the other matters required by Fed. R. Civ. P. 7 26(f) and the Local Rules of this Court. The following issues will be considered at 8 the scheduling conference: the last date by which parties and claims fore relief 9 may be added, the discovery cutoff, as well as any issues relating to the discovery 10 plan, the last date for filing motions, the time for the pretrial conference and the 11 trial date. Scheduling conferences are generally held on Monday at 11:00 a.m. 12 14 15 Counsel should also be guided by the following requirements when litigating 1. 2. INTERROGATORIES: Refer to the Local Rules. MOTIONS: Motions shall be heard on each Monday of the month at 13 cases assigned to Judge Snyder:

16 10:00 a.m., unless otherwise ordered by the Court. If Monday is a national 17 holiday, the succeeding Monday shall be the motion day and all matters noticed for 18 such Monday stand for hearing on the following Monday without special order or 19 notice. The Court provides oral or written tentative rulings on most motions. 20 Counsel are encouraged to direct oral argument to the matters raised in the 21 tentative ruling and to submit to any part of the ruling that is not in genuine 22 dispute, where appropriate. The Court will notify counsel if it does not require oral 23 argument on any specific motion. 24 Motion papers should comply with the Local Rules. Briefs should not 25 exceed the page limits authorized by the Local Rules. The Court will rarely grant 26 leave to file briefs that exceed the authorized page limits. Counsel are admonished 27 not to circumvent page limits by filing multiple motions which purport to address 28 2

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1 separate issues in a case. Such motions will not be considered unless counsel 2 obtains leave to file more than one motion or to file a brief that exceeds the page 3 limits authorized by the Local Rules. 4 5 3. EX PARTE APPLICATIONS: A. NOTICE: The parties' and counsels' attention is directed to

6 Local Rule 7-19. The moving party shall inform the opposing party or parties that 7 such party or parties shall have 48 hours from the date of delivery of the moving 8 papers to file and serve their opposition papers, if any. 9 B. HEARING: No hearing will be held on any ex parte application 10 unless deemed necessary by the Court and in such case counsel will be notified by 11 the Courtroom Deputy Clerk. 12 4. DISCOVERY CUTOFF: Generally, the Court will set a discovery 13 cutoff date at the scheduling conference. The Court expects that by the date of the 14 discovery cutoff, all discovery and responses thereto shall have been served, and 15 all motions to compel will be on file and have been argued (but not necessarily 16 decided). The only discovery that may be conducted after the discovery cutoff date 17 without leave of Court is discovery ordered by the Magistrate Judge for which a 18 timely-filed motion was pending and argued before the discovery cutoff date. 19 Unless the Court has issued a contrary order, all discovery motions should be set 20 before the Magistrate Judge to whom this case is assigned. 21 5. COURTESY COPIES: Counsel shall deliver conformed courtesy 22 copies of all filed motions, responses, and replies in motion matters to Judge 23 Snyder's chambers. Courtesy copies of motions and oppositions thereto shall be 24 delivered to chambers in conformity with the Local Rules relating to electronic 25 filing. However, the Court requires that courtesy copies of reply memoranda be 26 delivered to chambers no later than 10:00 a.m. on the first court day following the 27 date when reply memoranda are required to be filed. Moreover, in all cases 28 3

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1 asserting claims under the antitrust laws, the patent laws or federal securities laws, 2 and in such specific cases as may be designated by the Court, counsel must deliver 3 to chambers two (2) courtesy copies of all documents that are electronically filed. 4 6. CONTINUANCES: Continuances will only be granted based upon a 5 showing of good cause. Stipulations, including second and subsequent extensions 6 of time to respond to the complaint, are effective ONLY when approved by the 7 Court. (See Local Rule 16-8). 8 7. REQUEST FOR CONFORMED COPY: If a party presenting a 9 document for filing requests the Clerk to return a conformed copy by United States 10 Mail, an extra copy shall be submitted by the party for that purpose accompanied 11 by a postage paid, self-addressed envelope. (See Local Rule 11-4.5). 12 8. REMOVED ACTIONS: Any answers filed in state court must be 13 refiled with the Court as a supplement to the petition. Any pending motions must 14 be renoticed in accordance with Local Rule 37-3. 15 9. TELEPHONIC HEARINGS: Judge Snyder will permit oral argument 16 on calendared motions to be heard telephonically if (a) all involved parties consent 17 to the telephone hearing, (b) the parties anticipate presenting limited argument, and 18 (c) the Court's calendar permits such telephonic oral argument to be heard. 19 Arrangements for telephonic hearings must be made by communicating in writing 20 or by telephone with Judge Snyder's Courtroom Deputy Clerk, Catherine Jeang. 21 The Courtroom Deputy Clerk must be notified by the moving party of all 22 counsels' intention to participate in a telephonic hearing by the Wednesday prior to 23 the Monday hearing date. 24 The telephonic hearing will be scheduled at a time convenient for the Court 25 and the parties, on the Monday originally scheduled for the hearing of the motion 26 pursuant to the Federal Rules of Civil Procedure and the Local Rules. The party 27 bringing the motion will initiate the conference call, and when all counsel are 28 4

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1 present on the line, will contact the Court. Callers will hold on the line until their 2 motion is ready to be heard, at which time they will be connected with the Court, 3 the case will be called, and the telephonic hearing will commence. 4 10. COMMUNICATIONS WITH THE COURT: Unless counsel have 5 been expressly authorized to communicate with chambers (e. g., for a telephone 6 status conference with all counsel participating), all oral and written 7 communications must be submitted only to the Courtroom Deputy, Catherine 8 Jeang with copies to all counsel of record. Please do not attempt to communicate 9 in writing or by telephone with chambers. (See Local Rule 83-2.11). 10 11. NOTICE OF THIS ORDER: Counsel for plaintiff is responsible for 11 promptly serving a copy of this Order on all defendants' counsel. If this case came 12 to the Court via removal, the removing defendant shall promptly serve a copy of 13 this Order on all parties of record. 14 15 Date: January 3, 2008 16 17 18 19 20 21 22 23 24 25 26 27 28 5 __________________________________ CHRISTINA A. SNYDER United States District Judge