Gary Siebert v. Gene Security Network, Inc

Filing 114

ORDER STRIKING EMAILS TO COURT. Signed by Judge Nathanael M. Cousins on October 6, 2014. (nclc1S, COURT STAFF) (Filed on 10/6/2014)

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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 NORTHERN DISTRICT OF CALIFORNIA 9 SAN FRANCISCO DIVISION 10 11 GARY SIEBERT, Case No. 11-cv-01987 JST (NC) 12 ORDER STRIKING EMAILS TO COURT Plaintiff, 13 14 15 16 v. GENE SECURITY NETWORK, Defendant. 17 18 Over the weekend, starting with an email from plaintiff’s counsel Stephen R. Jaffe 19 sent to the Court’s deputy at 5:04 p.m. on Saturday October 4, followed by responding 20 emails from other counsel and a reply from Mr. Jaffe, the parties presented discovery issues 21 seeking Court order. Plaintiff-relator counsel “respectfully requests the court amend its 22 October 1st order . . .” 23 Any request to the Court for an order must be made by a stipulation or motion filed 24 with the Court. Fed. R. Civ. P. 7(b); Civ. L.R. 7-1(a). Further, the Local Rules provide that 25 “[e]xcept as otherwise provided by law, these Local Rules or otherwise ordered by the 26 Court, an attorney or party to an action must refrain from making telephone calls or writing 27 letters . . . to the assigned Judge or the Judge’s law clerks or otherwise communicating with 28 a Judge or the Judge’s staff regarding a pending matter, without prior notice to opposing Case No. 11-cv-01987 JST (NC) ORDER STRIKING EMAILS 1 counsel.” Civ. L.R. 11-4(c). 2 To be clear, emails to the Court and the Court’s staff are not the proper method of 3 seeking a Court order or responding to a request for a Court order. The Court strikes the 4 improper emails and admonishes all counsel not to repeat this approach. 5 Any party may object to this nondispositive discovery order within 14 days under 6 Federal Rule of Civil Procedure 72(a). 7 IT IS SO ORDERED. 8 9 Date: October 6, 2014 10 _________________________ Nathanael M. Cousins United States Magistrate Judge 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Case No. 11-cv-01987 JST (NC) ORDER STRIKING EMAILS 2

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