United States of America v. Warner

Filing 46

ORDER (1) DENYING WITHOUT PREJUDICE 40 the Government's Motion for Summary Judgment, (2) DIRECTING the parties to submit a joint statement of undisputed facts, and (3) CONTINUING dates. See order for details. Signed by Magistrate Judge Laurel Beeler on 2/8/2013. (Attachments: # 1 Standing Order)(lblc2, COURT STAFF) (Filed on 2/8/2013)

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1 UNITED STATES DISTRICT COURT 2 NORTHERN DISTRICT OF CALIFORNIA 3 SAN FRANCISCO 4 STANDING ORDER FOR UNITED STATES MAGISTRATE JUDGE LAUREL BEELER (Effective January 4, 2013) 5 local rules, the general orders, this standing order, and the Northern District’s general standing order 8 for civil cases titled “Contents of Joint Case Management Statement.” Local rules, general orders, 9 general standing orders, and a summary of the general orders’ electronic filing requirements (including 10 the procedures for emailing proposed orders to chambers) are available at http://www.cand.uscourts.gov 11 For the Northern District of California Parties shall comply with the procedures in the Federal Rules of Civil or Criminal Procedure, the 7 United States District Court 6 (click “Rules” or “ECF-PACER”). The parties’ failure to comply with any of the rules and orders may 12 be a ground for monetary sanctions, dismissal, entry of judgment, or other appropriate sanctions. 13 A. CALENDAR DATES AND SCHEDULING 14 1. The criminal motions calendar is on the first and third Thursdays of the month at 9:30 a.m. 15 Criminal case management conferences are on Thursdays at 10:00 a.m. The civil motions calendar is 16 on the first and third Thursdays of the month at 11 a.m. Civil case management conferences are 17 Thursdays at 10:30 a.m. and are not recorded unless a party is pro se or unless counsel requests 18 recording. 19 2. Parties who notice motions under the local rules need not reserve a hearing date in advance if 20 the 21 http://www.cand.uscourts.gov). Depending on its schedule, the Court may reset or vacate hearings. 22 23 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 (415) 522-3140. 24 B. CHAMBERS COPIES 25 4. Under Civil Local Rule 5-1(b), parties must lodge an extra paper copy of any filing and mark 26 it as a copy for “Chambers.” Please three-hole punch the chambers copy along the left-hand margin. 27 The court generally prefers copies with printing on both sides of the page unless another format makes 28 STANDING ORDER FOR UNITED STATES MAGISTRATE JUDGE LAUREL BEELER 1 better sense (e.g., for spreadsheets, pictures, or exhibits). Parties need not submit chambers copies of 2 the following: 3 • Certificates of service. 4 • Certificates of interested entities or persons. 5 • Consents or declinations to the court’s jurisdiction. 6 • Stipulations that do not require a court order (see Local Civil Rule 6-1). 7 • Notices of appearance or substitution of counsel. 5. Evidence Preservation. After a party has notice of this order, it shall take the steps needed to 10 preserve information relevant to the issues in this action, including suspending any document destruction 11 For the Northern District of California C. CIVIL DISCOVERY 9 United States District Court 8 programs (including destruction programs for electronically-maintained material). 12 6. Production of Documents In Original Form. When searching for documents and material 13 under Federal Rule of Civil Procedure 26(a)(1) or after a Federal Rule of Civil Procedure 34(a) request, 14 parties (a) should search all locations – electronic and otherwise – where responsive materials might 15 plausibly exist, and (b) to the maximum extent feasible, produce or make available for copying and/or 16 inspection the materials in their original form, sequence, and organization (including, for example, file 17 folders). 18 7. Privilege Logs. If a party withholds material as privileged, see Fed. R. Civ. P. 26(b)(5) and 19 45(d)(2)(A), it must produce a privilege log as quickly as possible, but no later than fourteen days after 20 its disclosures or discovery responses are due, unless the parties stipulate to or the Court sets another 21 date. Privilege logs must contain the following: (a) the subject matter or general nature of the document 22 (without disclosing its contents); (b) the identity and position of its author; (c) the date it was 23 communicated; (d) the identity and position of all addressees and recipients of the communication; 24 (e) the document’s present location; (f) the specific privilege and a brief summary of any supporting 25 facts; and (g) the steps taken to ensure the confidentiality of the communication, including an 26 affirmation that no unauthorized persons received the communication. 27 8. Expedited Procedures for Discovery Disputes. The parties shall not file formal discovery 28 motions. Instead, and as required by the federal rules and local rules, the parties shall meet and confer STANDING ORDER FOR UNITED STATES MAGISTRATE JUDGE LAUREL BEELER 2 other means of conferring such as letters, phone calls, or emails, lead counsel for the parties must meet 3 and confer in person. (If counsel are located outside of the Bay Area and cannot confer in person, lead 4 counsel may meet and confer by telephone.) Either party may demand such a meeting with ten days' 5 notice. If the parties cannot agree on the location, the location for meetings shall alternate. Plaintiff's 6 counsel shall select the first location, defense counsel shall select the second location, and so forth. If 7 the parties do not resolve their disagreements through this procedure, the parties shall file a joint letter 8 brief of no more than five pages instead of a formal motion five days after lead counsels' in-person 9 meet-and-confer. The letter brief must be filed under the Civil Events category of “Motions and Related 10 Filings > Motions – General > Discovery Letter Brief.” Lead counsel for both parties must sign the 11 For the Northern District of California to try to resolve their disagreements. See Fed. R. Civ. P. 37(a)(1); Civil L. R. 37-1. After attempting 2 United States District Court 1 letter and attest that they met and conferred in person. The joint letter shall set out each issue in a 12 separate section and include in that section each parties’ position (with appropriate legal authority) and 13 proposed compromise. (This process allows a side-by-side analysis of each disputed issue.) If the 14 disagreement concerns specific discovery that a party has propounded, such as interrogatories, requests 15 for production of documents, or answers or objections to such discovery, the parties shall reproduce the 16 question/request and the response in its entirety in the letter. The Court then will review the letter and 17 determine whether future proceedings are necessary. In emergencies during discovery events such as 18 depositions, the parties may contact the Court pursuant to Civil Local Rule 37-1(b). 19 D. CONSENT CASES 20 9. In cases that are randomly assigned to Judge Beeler for all purposes, the parties should file their 21 written consent to the assignment of a United States Magistrate Judge for all purposes, or their written 22 declination of consent, as soon as possible. If a party files a dispositive motion (such as a motion to 23 dismiss or a motion for remand), the moving party must file the consent or declination simultaneously 24 with the motion. Similarly, the party opposing the motion must file the consent or declination 25 simultaneously with the opposition. 26 10. The first joint case management conference statement in a case must contain all of the 27 information in the Northern District’s standing order titled “Contents of Joint Case Management 28 Statement.” Subsequent statements for further case management conferences should not repeat STANDING ORDER FOR UNITED STATES MAGISTRATE JUDGE LAUREL BEELER 3 1 information contained in an earlier statement and instead should report only progress or changes since 2 the last case management conference and any new recommendations for case management. 3 E. SUMMARY JUDGMENT MOTIONS 4 11. Motions for summary judgment shall be accompanied by a joint statement of the material facts 5 that the parties agree are not in dispute. The joint statement shall include – for each undisputed fact – 6 citations to admissible evidence. The parties shall comply with the procedures set forth in Civil Local 7 Rule 56-2(b). The parties may not file – and the Court will not consider – separate statements of 8 undisputed facts. Failure to stipulate to an undisputed fact without a reasonable basis for doing so may 9 result in sanctions. See Civil L. R. 56-2(b). 11 For the Northern District of California United States District Court 10 12 IT IS SO ORDERED. _______________________________ LAUREL BEELER United States Magistrate Judge 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 STANDING ORDER FOR UNITED STATES MAGISTRATE JUDGE LAUREL BEELER 4

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