United States of America v. State of California et al

Filing 21

ORDER signed by Magistrate Judge Kendall J. Newman on 03/15/2018 CLARIFYING 20 Order: 1) Prior to the 3/19/2018 filing of the joint letter brief, parties are EXPECTED to meet and confer, which should include voice-to-voice dialogue; 2) To initiate such meet-and-confer efforts, the State of California shall promptly identify and provide to the United States what discovery is sought; 3) The parties shall the COOPERATIVELY prepare the joint letter brief; and 4) The joint letter brief shall not exceed 10 pages, in Times New Roman pt. 12 or equivalent font. (Donati, J)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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UNITED STATES OF AMERICA,

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No. 2:18-cv-0490-JAM-KJN

Plaintiff,
v.

ORDER

STATE OF CALIFORNIA, et al.,

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Defendants.

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The court’s prior March 14, 2018 order (ECF No. 20) is CLARIFIED as follows:

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1. Prior to the March 19, 2018 filing of the joint letter brief, the parties are expected to

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meet and confer in good faith with respect to the expedited discovery issues, which

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should include voice-to-voice dialogue.

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2. To initiate such meet-and-confer efforts, the State of California shall promptly identify

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and provide to the United States what specific expedited discovery is sought and why

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it believes it satisfies the relevant standards for expedited discovery. The parties shall

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then meet and confer regarding the specific expedited discovery sought to identify

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whether agreements or stipulations can be reached, and what specific disputed issues

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remain. Even if the United States believes that no expedited discovery is warranted, it

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shall consider and discuss what specific expedited discovery is appropriate and
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feasible, in the event that the court ultimately concludes that some expedited discovery

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is necessary.1

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3. The parties shall then cooperatively prepare the joint letter brief. The purpose of a

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joint letter brief is not for the parties to separately prepare their respective portions and

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paste them together in a single document. Instead, the joint letter brief shall be a

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product of the parties’ cooperation and organized on an issue-by-issue basis, setting

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forth each party’s respective arguments immediately below each identified issue. It

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shall also reflect any agreements or stipulations the parties may have reached.

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4. The joint letter brief shall not exceed 10 pages, in Times New Roman pt. 12 or

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equivalent font.

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IT IS SO ORDERED.

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Dated: March 15, 2018

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The court declines to set any specific deadlines for the exchange of information and meet-andconfer discussions, although the deadlines proposed by the United States in an e-mail sent to the
undersigned’s courtroom deputy clerk on March 15, 2018, at 10:11 a.m., on which all parties
were copied, do not appear unreasonable.
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