Greene v. The Wine Group, Inc. et al

Filing 11

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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Thomas M. Greene,

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No. 1:14-cv-1539-KJM-MJS

Plaintiff,
v.

ORDER REGARDING DISCOVERY
DISPUTES

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The Wine Group, Inc. et. al.,

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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 [e-mail] 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 [e-mail], 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 editorializing.

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Inclusion therein of adjectives or adverbs or any characterization of an

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opponent’s motives, methods, character, past practices, or the like shall

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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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