Mazzaferro v. Stanaland et al

Filing 57

ORDER re 56 Order Discovery Hearing set for 9/27/2012 before Magistrate Judge Donna M. Ryu.. Signed by Magistrate Judge Donna M. Ryu on 8/10/2012. (dmrlc2, COURT STAFF) (Filed on 8/10/2012)

1
2
3
UNITED STATES DISTRICT COURT
4
NORTHERN DISTRICT OF CALIFORNIA
5
6
RONALD MAZZAFERRO,

No. C 11-04097 SI (DMR)

7
Plaintiff(s),

ORDER RE DISCOVERY

8
v.
9
RUSSELL STANALAND,
11
For the Northern District of California

United States District Court

10
Defendant(s).
___________________________________/

12
Judge Illston referred this case to the undersigned for discovery purposes and instructed this
13
court to contact the parties and begin developing a discovery schedule. Judge Illston further
14
indicated that the discovery in this case should not duplicate discovery in the state court case. To
15
that end, by no later than September 7, 2012, each party shall file a written document that sets forth
16
in sufficient detail: (1) a brief description of the state court case, including its status; (2) the
17
discovery that has taken place in the state court case; (3) discovery that is anticipated to take place
18
in the state court case, if that case is ongoing; and (4) the discovery that the party intends to
19
propound in this case.
20
The court shall hold a telephonic discovery conference on September 27 at 11:00 a.m.
21
The parties shall follow the protocol set forth in the attached Notice re Telephonic Appearance
22
Procedures for Magistrate Judge Donna M. Ryu.
23
IT IS SO ORDERED.
24
25
Dated: August 10, 2012
26
27
28

DONNA M. RYU
United States Magistrate Judge

1
2
3

NOTICE RE TELEPHONIC APPEARANCE PROCEDURES FOR
MAGISTRATE JUDGE DONNA M. RYU
EFFECTIVE APRIL 11, 2012
I. POLICY GOVERNING TELEPHONIC APPEARANCES

4

11

A party representative (or a party if in pro se) generally must appear in person for a hearing or
case management conference. Permission to attend by telephone may be granted, in the Court's
discretion, upon written request made at least one week in advance of the hearing if the Court
determines that good cause exists to excuse personal attendance, and that personal attendance is
not needed in order to have an effective hearing or conference. The facts establishing good cause
must be set forth in the request. All telephonic appearances must be made through CourtCall, an
independent conference call company, pursuant to the procedures set forth in Section II. If an
individual schedules a telephonic appearance and then fails to respond to the call of a matter on
calendar, the Court may pass the matter or may treat the failure to respond as a failure to appear.
Scheduling simultaneous telephonic appearances in multiple courts does not excuse a failure to
appear. Individuals making use of the conference call service are cautioned that they do so at their
own risk. Hearings generally will not be rescheduled due to missed connections.

12

II. SCHEDULING A TELEPHONIC APPEARANCE.

5
6
7
8
9

For the Northern District of California

United States District Court

10

13
14
15

If the Court grants a party's request for telephonic appearance, the party shall arrange for the
appearance by calling CourtCall at [phone] not later than 3:00 p.m. the court day prior
to the hearing date.

16

III. PROCEDURE FOR TELEPHONIC APPEARANCE.

17

Court Call will provide counsel with written confirmation of a telephonic appearance, and give
counsel a number to call to make the telephonic appearance. It is counsel's responsibility to dial
into the call not later than 10 minutes prior to the scheduled hearing.

18
19
20
21
22
23
24
25
26

CourtCall does not place a call to counsel.
The initial charge per participant for a CourtCall appearance is $30.00 for the first 45 minutes
you are connected. For each additional 15 minute increment the charge is $7.00. If you do not
timely call and connect with the Court Call operator, you will be billed for the call and the
hearing may proceed in your absence.
Telephonic appearances are connected directly with the courtroom's public address system and
electronic recording equipment so that a normal record is produced. To ensure the quality of
the record, the use of car phones, cellular phones, speakerphones,
public telephone booths, or phones in other public places is prohibited except in the most extreme
emergencies. Participants should be able to hear all parties without difficulty or echo.

27
28

2

1
2
3
4
5
6
7
8
9

At the time of your hearing, you may initially be in the listening mode in which case you will be
able to hear the case before yours just as if you were in the courtroom. After your call is connected
to the courtroom, the Judge will call the case, request appearances, and direct the manner in which
the hearing proceeds. Each time you speak, you should identify yourself for the record. The court's
teleconferencing system allows more than one speaker to be heard, so the Judge can interrupt a
speaker to ask a question or redirect the discussion. When the Judge informs the participants that
the hearing is completed, you may disconnect and the next case will be called.
Telephonic appearances by multiple participants are only possible when there is compliance with
every procedural requirement. Sanctions may be imposed when there is any deviation from the
required procedures or the Court determines that a person's conduct makes telephonic appearances
inappropriate. Sanctions may include dropping a matter from calendar, continuing the hearing,
proceeding in the absence of an unavailable participant, a monetary sanction, and/or a permanent
prohibition against a person appearing telephonically.

11
For the Northern District of California

United States District Court

10

12
13
14
15
16
17
18
19
20

Court Call Telephone Appearance Procedure
3/28/2012

21
22
23
24
25
26
27
28

3