Hull v. Aetna Life Insurance Company
Filing
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ORDER REGARDING DISCOVERY DISPUTES, signed by Magistrate Judge Michael J. Seng on 11/10/2014. (Yu, L)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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Russell Hull,
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No. 1:14-cv-0867-JAM-MJS
Plaintiff,
v.
ORDER REGARDING DISCOVERY
DISPUTES
Aetna Life Insurance Company,
Defendant.
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No discovery motion may be noticed or set for hearing before Magistrate Judge
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Michael J. Seng without his prior approval obtained in accordance with the following
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Telephonic Discovery Dispute Conference procedures:
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1. Requesting a Conference.
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A party with a discovery dispute shall confer with the opposing party in a good
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faith effort to resolve the dispute without court action. If such effort fails, the
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moving party shall, prior to filling a notice of motion, contact Courtroom
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Deputy, Laurie Yu at lyu@caed.uscourts.gov to request a pre-motion
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telephone conference with Magistrate Judge Seng. The request shall be
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deemed to include a professional representation by the requesting lawyer that
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a good faith effort to resolve the dispute took place but failed, and it shall
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advise the Court of dates and times in the next ten day period when all
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concerned parties can be available to confer regarding the dispute.
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2. Scheduling
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The Court will issue a Minute Order advising counsel of the time, date and
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contact information for connecting to the telephone conference.
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3. Briefing
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Not later than four business hours before the scheduled conference, each
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party shall submit to mjsorders@caed.uscourts.gov, a one page brief
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objectively and factually outlining the dispute, the party’s position on it, and
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the reasons therefor. The one page shall be in at least twelve point type and
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include the name of the party and the date of submission. It shall contain
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nothing more. There shall be no attachments. There shall be no
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editorializing. Inclusion therein of adjectives or adverbs or any
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characterization of an opponent’s motives, methods, character, past practices,
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or the like shall subject the author to sanctions.
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4. The Conference.
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At the conference, the Court will discuss the issues raised and announce its
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anticipated ruling on the dispute. If a party is dissatisfied with that ruling, it
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may seek permission to file a formal motion.
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5. Further Proceedings.
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If it is determined that motion papers and supporting memoranda are needed
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to satisfactorily resolve the dispute, Magistrate Judge Seng shall approve the
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filing of a written motion filed in conformity with Local Rule 251 (a). (The
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provisions of Local Rule 251 (b) through (f) will not apply unless the Magistrate
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Judge so Orders.) Such motion shall without limitation, (1) quote in full each
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interrogatory, deposition question, request for admission, or request for
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production in dispute and (2) the response or objection and grounds therefor
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as stated by the opposing party. Unless otherwise ordered by the Court,
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deposition transcripts or discovery papers shall not be lodged or filed with the
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Court.
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IT IS SO ORDERED.
Dated:
November 10, 2014
/s/
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Michael J. Seng
UNITED STATES MAGISTRATE JUDGE
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