International Longshore & Warehouse Union-Pacific Maritime Association Welfare Plan Board of Trustees et al v. South Gate Ambulatory Surgery Center, LLC et al
ORDER RE NOTICE OF DISCOVERY REFERRAL. Signed Magistrate Judge Maria Elena James on 4/24/2012. (Attachments: # 1 Standing Order)(rmm2, COURT STAFF) (Filed on 4/24/2012)
Magistrate Judge Maria-Elena James
Courtroom B, 15th Floor
Rose Maher, Courtroom Deputy
Discovery & Dispute Procedures
This standing order informs all parties of the procedures for cases assigned to Magistrate Judge
Maria-Elena James for trial or referred for purposes of discovery. This Order is intended to
address all case-related discovery, including that which involves non-parties, and therefore
applies whether or not an individual or entity is named in the complaint. Failure to abide by this
Standing Order may result in the imposition of sanctions pursuant to Federal Rule of Civil
Procedure 16(f) and Civil Local Rule 37-3.
Parties shall propound disclosures and discovery in accordance with Federal Rules of
Civil Procedure 26 through 37 and the corresponding Civil Local Rules for the Northern
District of California. A copy of the Local Rules is available at the Clerk’s Office and at
the Court’s Web site - www.cand.uscourts.gov. No exceptions to the limitations
established in the Federal and Local Rules shall be permitted except pursuant to
stipulation of the parties or order of the Court.
No motions to compel shall be considered. Instead, the parties must meet and confer in
person for the purpose of resolving all disputes. If unable to resolve any disputes through
this procedure, the parties shall draft and file a jointly-signed letter that contains the
A cover page with the case caption and an attestation that the parties met
and conferred in person prior to filing the letter, as well as the signature of
both parties or counsel;
A section which sets forth the unresolved dispute and any pertinent factual
Each party’s position, including relevant legal authority.
The joint letter shall be limited to five pages, excluding the cover page, and may not be
accompanied by exhibits or affidavits other than exact copies of interrogatories, requests
for production of documents and/or responses, privilege logs, and relevant deposition
testimony. The parties need not state all disputes in one letter; rather, it is preferable that
the parties file a separate letter for each dispute.
In the event that the parties are unable to meet and confer as directed above, or a moving
party is unable to obtain the opposing party’s portion of a joint letter after the meet and
confer session, the moving party shall file a written request for a telephonic conference
for the purpose of enforcing the Court’s meet and confer requirement, or for the Court to
fashion an alternative procedure. The written request shall include a declaration which
states any attempt to meet and confer and/or obtain the joint letter, the reasons for the
inability to comply with the standing order, and (if possible) three dates and times at
which all parties are available for a telephonic conference. The moving party may attach
exhibits to the declaration, but the declaration and exhibits combined may not exceed
seven pages. The Court will not excuse a party from the requisite in-person meeting
unless good cause is shown.
In the event that the parties are participating in a deposition or a site inspection and a
dispute arises, the parties may contact the courtroom deputy, Rose Maher, to inquire
whether Magistrate Judge James is available to address the dispute telephonically. In the
event that Magistrate Judge James is unavailable, the parties shall follow the procedures
for requesting a telephonic conference as set forth in paragraph 3 above. In such a case,
the deposition or site inspection shall proceed with objections noted for the record.
No motion for sanctions may be filed until after the moving party has complied with the
requirements of paragraphs 2 and 3 above. Motions for sanctions shall be filed
separately, pursuant to Federal Rule 37 and Civil Local Rules 7 and 37-3.
The parties shall comply with Civil Local Rule 6 regarding any requests to change time.
Pursuant to Civil Local Rule 11-4(c), with the exception of communication with the
courtroom deputy regarding scheduling, no party may contact the Court ex parte without
prior notice to the opposing party. All communications or questions to the Court shall be
presented in writing, properly filed, and include a certification that all parties were served
a copy of the written communication.
In all “E-Filing” cases, in addition to filing papers electronically, the parties shall lodge
with chambers a printed copy of the papers by noon of the next court day after filing.
These printed copies shall be marked “Chambers Copy” and shall be submitted to the
Clerk’s Office in an envelope marked with “Magistrate Judge Maria-Elena James Chambers Copy” and the case name and number.
IT IS SO ORDERED.
Dated: March 29, 2012
United States Magistrate Judge
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