Finisar Corporation v. Oplink Communications Inc. et al

Filing 71

NOTICE OF REFERRAL AND ORDER re: discovery procedures. The court denies without prejudice 68 Plaintiff's motion for a protective order and vacates the current 12/29/2011 hearing date. See order for further details. Signed by Judge Laurel Beeler. (Attachments: # 1 Standing Order) (lblc2, COURT STAFF) (Filed on 11/28/2011)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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OAKLAND DIVISION

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STANDING ORDER FOR
UNITED STATES MAGISTRATE JUDGE LAUREL BEELER
(Effective July 29, 2011)

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local rules, the general orders, this standing order, and the Northern District’s general standing order

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for civil cases titled “Contents of Joint Case Management Statement.” Local rules, general orders,

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general standing orders, and a summary of the general orders’ electronic filing requirements (including

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the procedures for emailing proposed orders to chambers) are available at http://www.cand.uscourts.gov

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For the Northern District of California

Parties shall comply with the procedures in the Federal Rules of Civil or Criminal Procedure, the

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United States District Court

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(click “Rules” or “ECF-PACER”). The parties’ failure to comply with any of the rules and orders may

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be a ground for monetary sanctions, dismissal, entry of judgment, or other appropriate sanctions.

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A. CALENDAR DATES AND SCHEDULING

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1. The criminal motions calendar is on the first and third Thursdays of the month at 9:30 a.m. The

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civil motions calendar is on the first and third Thursdays of the month at 11 a.m. Civil case management

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conferences are Thursdays at 10:30 a.m. and are not recorded unless a party is pro se or unless counsel

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requests recording.

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2. Parties who notice motions under the local rules need not reserve a hearing date in advance if

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the

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http://www.cand.uscourts.gov). Depending on its schedule, the Court may reset or vacate hearings.

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date

is

available

on

the

Court’s

on-line

calendar

(click

“Calendars”

at

3. For scheduling questions, please call Judge Beeler’s courtroom deputy, Lashanda Scott, at (510)
637-3525.

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B. CHAMBERS COPIES

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4. Under Civil Local Rule 5-1(b), parties must lodge an extra paper copy of any filing and mark

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it as a copy for “Chambers.” Please three-hole punch the chambers copy.

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STANDING ORDER FOR UNITED STATES
MAGISTRATE JUDGE LAUREL BEELER

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C. CIVIL DISCOVERY

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5. Evidence Preservation. After a party has notice of this order, it shall take the steps needed to

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preserve information relevant to the issues in this action, including suspending any document destruction

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programs (including destruction programs for electronically-maintained material).

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6. Production of Documents In Original Form. When searching for documents and material

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under Federal Rule of Civil Procedure 26(a)(1) or after a Federal Rule of Civil Procedure 34(a) request,

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parties (a) should search all locations – electronic and otherwise – where responsive materials might

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plausibly exist, and (b) to the maximum extent feasible, produce or make available for copying and/or

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inspection the materials in their original form, sequence, and organization (including, for example, file
folders).

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For the Northern District of California

United States District Court

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7. Privilege Logs. If a party withholds material as privileged, see Fed. R. Civ. P. 26(b)(5) and

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45(d)(2)(A), it must produce a privilege log as quickly as possible, but no later than fourteen days after

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its disclosures or discovery responses are due, unless the parties stipulate to or the Court sets another

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date. Privilege logs must contain the following: (a) the subject matter or general nature of the document

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(without disclosing its contents); (b) the identity and position of its author; (c) the date it was

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communicated; (d) the identity and position of all addressees and recipients of the communication;

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(e) the document’s present location; (f) the specific privilege and a brief summary of any supporting

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facts; and (g) the steps taken to ensure the confidentiality of the communication, including an

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affirmation that no unauthorized persons received the communication.

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8. Expedited Procedures for Discovery Disputes. The parties shall not file formal discovery

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motions. Instead, and as required by the federal rules and local rules, the parties shall meet and confer

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to try to resolve their disagreements. See Fed. R. Civ. P. 37(a)(1); Civil L. R. 37-1. After attempting

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other means of conferring such as letters, phone calls, or emails, lead counsel for the parties must meet

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and confer in person. (If counsel are located outside of the Bay Area and cannot confer in person, lead

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counsel may meet and confer by telephone.) Either party may demand such a meeting with ten days'

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notice. If the parties cannot agree on the location, the location for meetings shall alternate. Plaintiff's

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counsel shall select the first location, defense counsel shall select the second location, and so forth. If

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the parties do not resolve their disagreements through this procedure, the parties shall file a joint letter

STANDING ORDER FOR UNITED STATES
MAGISTRATE JUDGE LAUREL BEELER

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of no more than five pages instead of a formal motion five days after lead counsels' in-person meet-

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and-confer. Lead counsel for both parties must sign the letter and attest that they met and conferred in

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person. The joint letter shall set out each issue in a separate section and include in that section each

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parties’ position (with appropriate legal authority) and proposed compromise. (This process allows a

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side-by-side analysis of each disputed issue.) If the disagreement concerns specific discovery that a

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party has propounded, such as interrogatories, requests for production of documents, or answers or

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objections to such discovery, the parties shall reproduce the question/request and the response in its

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entirety in the letter. The Court then will review the letter and determine whether future proceedings

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are necessary. In emergencies during discovery events such as depositions, the parties may contact the
Court pursuant to Civil Local Rule 37-1(b).

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For the Northern District of California

United States District Court

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D. CONSENT CASES

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9. In cases that are randomly assigned to Judge Beeler for all purposes, the parties should file their

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written consent to the assignment of a United States Magistrate Judge for all purposes, or their written

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declination of consent, as soon as possible. If a party files a dispositive motion (such as a motion to

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dismiss or a motion for remand), the moving party must file the consent or declination simultaneously

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with the motion. Similarly, the party opposing the motion must file the consent or declination

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simultaneously with the opposition.

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E. SUMMARY JUDGMENT MOTIONS

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Motions for summary judgment shall be accompanied by a joint statement of the material facts that

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the parties agree are not in dispute. The joint statement shall include – for each undisputed fact –

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citations to admissible evidence. The parties shall comply with the procedures set forth in Civil Local

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Rule 56-1(b). The parties may not file – and the Court will not consider – separate statements of

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undisputed facts. Failure to stipulate to an undisputed fact without a reasonable basis for doing so may

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result in sanctions. See Civil L. R. 56-1(b).

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IT IS SO ORDERED.

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_______________________________
LAUREL BEELER
United States Magistrate Judge

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STANDING ORDER FOR UNITED STATES
MAGISTRATE JUDGE LAUREL BEELER

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