Michael M. Edelstein v. Google Inc.

Filing 6

INITIAL STANDING ORDER by Judge Dolly M. Gee. (pp)

1 2 3 4 5 6 7 8 9 10 11 12 MICHAEL M. EDELSTEIN, 13 14 15 16 17 18 20 PLEASE READ THIS ORDER CAREFULLY. IT GOVERNS THIS COUNSEL FOR PLAINTIFFS SHALL SERVE THIS ORDER 19 CASE AND DIFFERS IN SOME RESPECTS FROM THE LOCAL RULES. 21 IMMEDIATELY ON ALL PARTIES AND/OR THEIR COUNSEL, INCLUDING 22 ANY NEW PARTIES TO THE ACTION. IF THIS CASE WAS REMOVED 23 FROM STATE COURT, DEFENDANT WHO REMOVED THE CASE SHALL 24 SERVE THIS ORDER ON ALL OTHER PARTIES. 25 26 This case has been assigned to the calendar of Judge Dolly M. Gee. Both the Court and counsel bear responsibility for the progress of this ) ) Plaintiff/s, ) v. ) ) GOOGLE, INC., ) Defendant/s. ) _______________________________ ) ) Case No. CV 10-1847-DMG (SHx) INITIAL STANDING ORDER FOR CASES ASSIGNED TO JUDGE GEE UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA WESTERN DIVISION

27 litigation in federal court. To "secure the just, speedy, and inexpensive 28 determination" of this case, as called for in Fed. R. Civ. P. 1, all parties or their
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1 counsel are ordered to become familiar with the Federal Rules of Civil Procedure, 2 the Local Rules of the Central District of California, and this Court's standing 3 orders. 4 5 1. SERVICE OF THE COMPLAINT Plaintiff shall promptly serve the complaint in accordance with Fed. R. Civ.

6 P. 4 and file the proofs of service pursuant to Local Rule 5-3.1. Any defendant not 7 timely served under Fed. R. Civ. P. 4(m) shall be dismissed from the action 8 without prejudice. 9 10 2. ASSIGNMENT TO A MAGISTRATE JUDGE Under 28 U.S.C. § 636, the parties may consent to have a Magistrate Judge

11 preside over all proceedings, including trial. The Magistrate Judges who accept 12 those designations are identified on the Central District's website, which also 13 contains the consent form. 14 15 16 3. a. DISCOVERY Discovery Matters Referred to Magistrate Judge

All discovery matters have been referred to the assigned United States

17 Magistrate Judge, who will hear all discovery disputes. The Magistrate Judge's 18 initials follow the District Judge's initials next to the case number. All discovery19 related documents must include the words "DISCOVERY MATTER" in the 20 caption to ensure proper routing. Counsel are directed to contact the Magistrate 21 Judge's courtroom deputy clerk to schedule matters for hearing. Please comply 22 with Local Rule 37 and deliver mandatory chambers copies of discovery-related 23 papers to the Magistrate Judge assigned to this case rather than to this Court. 24 In accordance with 28 U.S.C. § 636(b)(1)(A), the Court will not reverse any 25 order of the Magistrate Judge unless it has been shown that the Magistrate Judge's 26 order is clearly erroneous or contrary to law. 27 Any party may file and serve a motion for review and reconsideration before 28 this Court. The moving party must file and serve the motion within ten (10) days
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1 of service of a written ruling or within ten (10) days of an oral ruling that the 2 Magistrate Judge states will not be followed by a written ruling. The motion must 3 specify which portions of the ruling are clearly erroneous or contrary to law and 4 support the contention with points and authorities. Counsel shall deliver a 5 conformed copy of the moving papers and responses to the Magistrate Judge's 6 courtroom deputy clerk at the time of filing. 7 8 b. Compliance with Fed. R. Civ. P. 26(a) Unless there is a likelihood that upon motion by a party the Court would

9 order that any or all discovery is premature, it is advisable for counsel to begin to 10 conduct discovery actively before the Scheduling Conference. At the very least, 11 the parties shall comply fully with the letter and spirit of Fed. R. Civ. P. 26(a) and 12 thereby obtain and produce most of what would be produced in the early stage of 13 discovery, because at the Scheduling Conference the Court will impose firm 14 deadlines to complete discovery. 15 16 17 4. a. MOTIONS - GENERAL REQUIREMENTS Time for Filing and Hearing Motions

Motions shall be filed in accordance with Local Rule 7. This Court hears

18 motions on Mondays, beginning at 9:30 a.m. If Monday is a national holiday, 19 motions will be heard on the next Monday. It is not necessary to clear a hearing 20 date with the court clerk before filing a motion, except for motions for summary 21 judgment or preliminary injunction. If the motion date selected is not available, 22 the Court will issue a minute order continuing the date. 23 24 b. Pre-Filing Requirement To Meet and Confer Counsel must comply with Local Rule 7-3, which requires counsel to engage

25 in a pre-filing conference "to discuss thoroughly . . . the substance of the 26 contemplated motion and any potential resolution." Counsel should discuss the 27 issues to a sufficient degree that if a motion is still necessary, the briefing may be 28 directed to those substantive issues requiring resolution by the Court. Counsel
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1 should resolve minor procedural or other non-substantive matters during the 2 conference. The in propria persona status of one or more parties does not negate 3 this requirement. 4 5 c. Length and Format of Motion Papers Memoranda of points and authorities shall not exceed 25 pages. See Local

6 Rule 11-6. Only in rare instances and for good cause shown will the Court grant 7 an application to extend these page limitations. No supplemental brief shall be 8 filed without prior leave of Court. 9 If documentary evidence in support of or in opposition to a motion exceeds 10 50 pages, the evidence must be separately bound and tabbed and include an index. 11 If such evidence exceeds 200 pages, the documents shall be placed in a Slant D12 Ring binder, with an index and with each item of evidence separated by a tab 13 divider on the right side. 14 15 17 18 d. Citations to Case Law Citations to case law must identify not only the case cited, but the specific e. Citations to Other Sources

16 page referenced. Statutory references should identify with specificity the sections and

19 subsections referenced. Citations to treatises, manuals, and other materials should 20 include the volume, section, and pages being referenced. 21 22 24 25 26 f. Oral Argument If the Court deems a matter appropriate for decision without oral argument, 5. a. SPECIFIC MOTION REQUIREMENTS Motions Pursuant to Rule 12

23 the Court will notify the parties in advance.

Many motions to dismiss or to strike can be avoided if the parties confer in

27 good faith (as required by Local Rule 7-3), especially for perceived defects in a 28 complaint, answer, or counterclaim that could be corrected by amendment. See
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1 Chang v. Chen, 80 F.3d 1293, 1296 (9th Cir. 1996) (where a motion to dismiss is 2 granted, a district court should provide leave to amend unless it is clear that the 3 complaint could not be saved by any amendment). Moreover, a party has the right 4 to amend the complaint "once as a matter of course at any time before a responsive 5 pleading is served." Fed. R. Civ. P. 15(a). A Rule 12(b)(6) motion is not a 6 responsive pleading and therefore plaintiff might have a right to amend. See, e.g., 7 St. Michael's Convalescent Hospital v. California, 643 F.2d 1369, 1374 (9th Cir. 8 1981); Nolen v. Fitzharris, 450 F.2d 958, 958-59 (9th Cir. 1971). Even after a 9 complaint has been amended or a responsive pleading has been served, the Federal 10 Rules provide that leave to amend should be "freely given when justice so 11 requires." Fed. R. Civ. P. 15(a). The Ninth Circuit requires that this policy 12 favoring amendment be applied with "extreme liberality." Morongo Band of 13 Mission Indians v. Rose, 893 F.2d 1074, 1079 (9th Cir. 1990). 14 These principles require that plaintiff's counsel carefully evaluate 15 defendant's contentions as to the deficiencies in the complaint. In most instances, 16 the moving party should agree to any amendment that would cure the defect. 17 18 b. Motions to Amend In addition to the requirements of Local Rule 15-1, all motions to amend

19 pleadings shall: (1) state the effect of the amendment and (2) identify the page and 20 line number(s) and wording of any proposed change or addition of material. The 21 proposed amended pleading shall be serially numbered to differentiate it from 22 previously amended pleadings. 23 In addition to Local Rule 15-1's requirement of electronic filing of the 24 proposed amended pleading as a document separate from the motion, counsel shall 25 attach as an appendix to the moving papers a "redlined" version of the proposed 26 amended pleading indicating all additions and deletions of material. 27 28 c. Motions for Class Certification Motions for class certification shall be filed in accordance with Local Rule
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1 23-3. 2 3 d. Summary Judgment Motions Parties need not wait until the motion cutoff to bring motions for summary

4 judgment or partial summary judgment. Whenever possible, the party moving for 5 summary judgment should provide more than the minimum twenty-eight (28) day 6 notice for motions. The parties should prepare papers in a fashion that will assist 7 the Court in absorbing the mass of facts (e.g., generous use of tabs, tables of 8 contents, headings, indices, etc.). The parties are to comply precisely with Local 9 Rule 56-1 through 56-4. 10 11 I. Statements of Undisputed Facts and Genuine Issues The separate statement of undisputed facts shall be prepared in a two-

12 column format. The left hand column sets forth the allegedly undisputed fact. The 13 right hand column sets forth the evidence that supports the factual statement. The 14 factual statements should be set forth in sequentially numbered paragraphs. Each 15 paragraph should contain a narrowly focused statement of fact. Each numbered 16 paragraph should address a single subject as concisely as possible. 17 The opposing party's statement of genuine issues must be in two columns 18 and track the movant's separate statement exactly as prepared. The left hand 19 column must restate the allegedly undisputed fact, and the right hand column must 20 state either that it is undisputed or disputed. The opposing party may dispute all or 21 only a portion of the statement, but if disputing only a portion, it must clearly 22 indicate what part is being disputed, followed by the opposing party's evidence 23 controverting the fact. To demonstrate that a fact is disputed, the opposing party 24 must briefly state why it disputes the moving party's asserted fact, cite to the 25 relevant exhibit or other piece of evidence, and describe what it is in that exhibit or 26 evidence that refutes the asserted fact. No legal argument should be set forth in 27 this document. 28 The opposing party may submit additional material facts that bear on or
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1 relate to the issues raised by the movant, which shall follow the format described 2 above for the moving party's separate statement. These additional facts shall 3 continue in sequentially numbered paragraphs and shall set forth in the right hand 4 column the evidence that supports that statement. 5 6 ii. Supporting Evidence No party shall submit evidence other than the specific items of evidence or

7 testimony necessary to support or controvert a proposed statement of undisputed 8 fact. For example, entire deposition transcripts, entire sets of interrogatory 9 responses, and documents that do not specifically support or controvert material in 10 the separate statement shall not be submitted in opposition to a motion for 11 summary judgment. 12 Evidence submitted in support of or in opposition to a motion should be 13 submitted either by way of stipulation or as exhibits to declarations sufficient to 14 authenticate the proffered evidence, and should not be attached to the 15 memorandum of points and authorities. Documentary evidence as to which there 16 is no stipulation regarding foundation must be accompanied by the testimony, 17 either by declaration or properly authenticated deposition transcript, of a witness 18 who can establish authenticity. 19 20 iii. Objections to Evidence If a party disputes a fact based in whole or in part on an evidentiary

21 objection, the ground of the objection should be succinctly stated in a separate 22 statement of evidentiary objections in a two-column format. The left column 23 should identify the items objected to (including page and line number if applicable) 24 and the right column should set forth a concise objection (e.g., hearsay, lacks 25 foundation, etc.) with a citation to the Federal Rules of Evidence or, where 26 applicable, a case citation. 27 28 6. PROPOSED ORDERS Each party filing or opposing a motion or seeking the determination of any
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1 matter shall serve and electronically lodge a proposed order setting forth the relief 2 or action sought and a brief statement of the rationale for the decision with 3 appropriate citations. In addition, a copy of the Proposed Order in Word or 4 WordPerfect format shall be emailed to chambers at 5 [e-mail] on the day the document is e-filed. 6 7 7. COURTESY COPIES All original filings are to be filed electronically pursuant to Local Rule 5-4.

8 Courtesy copies of ALL electronically filed documents MUST be delivered to the 9 courtroom deputy clerk no later than 12:00 p.m. the following business day. Only 10 documents pertaining to ex parte applications should be delivered directly to the 11 courtesy copy box located next to the chambers (Room 218P, 312 N. Spring 12 Street). Courtesy copies DO NOT need to be blue-backed. All courtesy copies of 13 pretrial documents (e.g., witness lists, proposed pretrial conference orders, etc.) 14 shall be two-hole punched at the top. 15 16 8. TELEPHONIC HEARINGS The Court may permit appearances or arguments by way of telephone

17 conference calls upon a showing that a personal appearance will cause undue 18 hardship. If you wish to appear by telephone, you must (a) notify the courtroom 19 deputy clerk and opposing counsel at least three (3) business days in advance of 20 the scheduled appearance; (b) provide the court clerk with the telephone number 21 (land lines only; no cell phones) at which the Court can reach you; and (c) be 22 available at that number for at least one-half hour before the time of the scheduled 2 3 hearing. 24 25 9. EX PARTE APPLICATIONS The Court considers ex parte applications on the papers and does not usually

26 set these matters for hearing. If a hearing is necessary, the parties will be notified. 27 Ex parte applications are solely for extraordinary relief and should be used with 28 discretion. Sanctions may be imposed for misuse of ex parte applications. See
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1 Mission Power Engineering Co. v. Continental Casualty Co., 883 F. Supp. 488 2 (C.D. Cal. 1995). 3 Counsel's attention is directed to the Local Rules. Ex parte applications that 4 fail to conform to Local Rule 7-19 and 7-19.1, including a statement of opposing 5 counsel's position, will not be considered except on a specific showing of good 6 cause. The moving party shall electronically serve the opposing party, if possible. 7 A party is considered served once the ex parte application has been e-filed (all 8 parties set up for electronic service are sent a notification of ECF filing each time a 9 document is e-filed with a link to the document for one free view). Parties set up 10 for service by fax or mail must be served the ex parte application by fax or 11 personal service. 12 Following service of the ex parte papers by electronic service, fax, or 13 personal service, the moving party shall notify the opposition that opposing papers 14 must be filed no later than twenty-four (24) hours (or one court day) following 15 service, except in cases where the opposing party has not previously appeared (i.e., 16 responded to the Complaint). In those cases where the opposing party has not 17 previously appeared, the moving party shall, following service of the ex parte 18 papers, notify the opposition that opposing papers must be filed no later than forty19 eight (48) hours following service. On the day the documents are e-filed, a 20 conformed courtesy copy of moving, opposition, or notice of non-opposition 21 papers are to be hand-delivered to the courtesy box outside the entrance to Judge 22 Gee's chambers at Room 218P, 312 North Spring Street. Counsel will be notified 23 by the clerk of the Court's ruling. If counsel does not intend to oppose an ex parte 24 application, he or she must inform the courtroom deputy clerk at [phone]. 25 26 10. CONTINUANCES This Court has a strong interest in keeping scheduled dates certain. Changes

27 in dates are disfavored. Trial dates set by the Court are firm and will rarely be 28 changed. Therefore, a stipulation to continue the date of any matter before this
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1 Court must be supported by a sufficient basis that demonstrates good cause why 2 the change in the date is essential. Without such compelling factual support, 3 stipulations continuing dates set by this Court will not be approved. Counsel 4 requesting a continuance must electronically file a stipulation and lodge a proposed 5 order including a detailed declaration of the grounds for the requested continuance 6 or extension of time. Failure to comply with the Local Rules and this Order will 7 result in rejection of the request without further notice to the parties. Proposed 8 stipulations extending scheduling dates do not become effective unless and until 9 this Court so orders. Counsel wishing to know whether a stipulation has been 10 signed shall comply with the applicable Local Rule. Counsel should avoid 11 submitting requests for continuance less than at least five (5) court days prior 12 to the expiration of the scheduled date. 13 14 11. ORDER SETTING SCHEDULING CONFERENCE Pursuant to Fed. R. Civ. P.16(b), the Court will issue an Order setting a

15 Scheduling Conference as required by Fed. R. Civ. P. 26 and the Local Rules of 16 this Court. Strict compliance with Fed. R. Civ. P. 16 and 26 is required. 17 18 12. NOTICE OF THIS ORDER Plaintiff (if appearing on his or her own behalf) or Plaintiff's counsel shall

19 immediately serve this Order on all parties, including any new parties to the action. 20 If this case came to the Court by a Petition for Removal, the removing defendant(s) 21 shall serve this Order on all other parties. 22 23 24 25 DATED: March 26, 2010 26 27 28
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IT IS SO ORDERED. _________________________________ DOLLY M. GEE United States District Judge