Moore v. Times Square Holdings, LLC et al

Filing 40

ORDER REGARDING DISCOVERY DISPUTES, signed by Magistrate Judge Michael J. Seng on 11/10/2014. (Yu, L)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 Ronald Moore, 12 13 14 15 No. 1:14-cv-1034-KJM-MJS Plaintiff, v. ORDER REGARDING DISCOVERY DISPUTES Times Square Holdings, LLC, et. al., Defendant. 16 17 18 No discovery motion may be noticed or set for hearing before Magistrate Judge 19 Michael J. Seng without his prior approval obtained in accordance with the following 20 Telephonic Discovery Dispute Conference procedures: 21 1. Requesting a Conference. 22 A party with a discovery dispute shall confer with the opposing party in a good 23 faith effort to resolve the dispute without court action. If such effort fails, the 24 moving party shall, prior to filling a notice of motion, contact Courtroom 25 Deputy, Laurie Yu at to request a pre-motion 26 telephone conference with Magistrate Judge Seng. The request shall be 27 deemed to include a professional representation by the requesting lawyer that 28 1 1 a good faith effort to resolve the dispute took place but failed, and it shall 2 advise the Court of dates and times in the next ten day period when all 3 concerned parties can be available to confer regarding the dispute. 4 2. Scheduling 5 The Court will issue a Minute Order advising counsel of the time, date and 6 contact information for connecting to the telephone conference. 7 3. Briefing 8 Not later than four business hours before the scheduled conference, each 9 party shall submit to, a one page brief 10 objectively and factually outlining the dispute, the party’s position on it, and 11 the reasons therefor. The one page shall be in at least twelve point type and 12 include the name of the party and the date of submission. It shall contain 13 nothing more. There shall be no attachments. There shall be no 14 editorializing. Inclusion therein of adjectives or adverbs or any 15 characterization of an opponent’s motives, methods, character, past practices, 16 or the like shall subject the author to sanctions. 17 4. The Conference. 18 At the conference, the Court will discuss the issues raised and announce its 19 anticipated ruling on the dispute. If a party is dissatisfied with that ruling, it 20 may seek permission to file a formal motion. 21 5. Further Proceedings. 22 If it is determined that motion papers and supporting memoranda are needed 23 to satisfactorily resolve the dispute, Magistrate Judge Seng shall approve the 24 filing of a written motion filed in conformity with Local Rule 251 (a). (The 25 provisions of Local Rule 251 (b) through (f) will not apply unless the Magistrate 26 Judge so Orders.) Such motion shall without limitation, (1) quote in full each 27 interrogatory, deposition question, request for admission, or request for 28 production in dispute and (2) the response or objection and grounds therefor 2 1 as stated by the opposing party. Unless otherwise ordered by the Court, 2 deposition transcripts or discovery papers shall not be lodged or filed with the 3 Court. 4 5 6 IT IS SO ORDERED. Dated: November 10, 2014 /s/ 7 Michael J. Seng UNITED STATES MAGISTRATE JUDGE 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3

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