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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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 UNITED STATES OF AMERICA, 12 13 14 No. 2:18-cv-0490-JAM-KJN Plaintiff, v. ORDER STATE OF CALIFORNIA, et al., 15 16 Defendants. 17 18 The court’s prior March 14, 2018 order (ECF No. 20) is CLARIFIED as follows: 19 1. Prior to the March 19, 2018 filing of the joint letter brief, the parties are expected to 20 meet and confer in good faith with respect to the expedited discovery issues, which 21 should include voice-to-voice dialogue. 22 2. To initiate such meet-and-confer efforts, the State of California shall promptly identify 23 and provide to the United States what specific expedited discovery is sought and why 24 it believes it satisfies the relevant standards for expedited discovery. The parties shall 25 then meet and confer regarding the specific expedited discovery sought to identify 26 whether agreements or stipulations can be reached, and what specific disputed issues 27 remain. Even if the United States believes that no expedited discovery is warranted, it 28 shall consider and discuss what specific expedited discovery is appropriate and 1 1 feasible, in the event that the court ultimately concludes that some expedited discovery 2 is necessary.1 3 3. The parties shall then cooperatively prepare the joint letter brief. The purpose of a 4 joint letter brief is not for the parties to separately prepare their respective portions and 5 paste them together in a single document. Instead, the joint letter brief shall be a 6 product of the parties’ cooperation and organized on an issue-by-issue basis, setting 7 forth each party’s respective arguments immediately below each identified issue. It 8 shall also reflect any agreements or stipulations the parties may have reached. 9 4. The joint letter brief shall not exceed 10 pages, in Times New Roman pt. 12 or 10 equivalent font. 11 IT IS SO ORDERED. 12 Dated: March 15, 2018 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 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. 2

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