Jarzab et al v. KM Enterprises, Inc. et al

Filing 144

ORDER APPROVING PARTIES' SCHEDULE, DIRECTING A MEET-AND-CONFER ON FRIDAY, APRIL 4 ABOUT THE TIMING OF THE CROSS-MOTIONS FOR SUMMARY JUDGMENT, AND SETTING FORTH THE PROCESS FOR THE MANDATORY SUBMISSION OF A JOINT STATEMENT OF UNDISPUTED FACTS WITH THE OPENING BRIEFS (Attachments: # 1 Standing Order)(Beeler, Laurel) (Filed on 4/3/2014)

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1 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION 2 3 4 STANDING ORDER FOR UNITED STATES MAGISTRATE JUDGE LAUREL BEELER (Effective April 1, 2014) local rules, the general orders, this standing order, and the Northern District’s general standing order 7 for civil cases titled “Contents of Joint Case Management Statement.” These rules and a summary of 8 electronic filing requirements (including the procedures for emailing proposed orders to chambers) are 9 available at http://www.cand.uscourts.gov (click “Rules” or “ECF-PACER”). A failure to comply with 10 any of the rules may be a ground for monetary sanctions, dismissal, entry of judgment, or other 11 For the Northern District of California Parties must comply with the procedures in the Federal Rules of Civil and Criminal Procedure, the 6 United States District Court 5 appropriate sanctions. 12 A. CALENDAR DATES AND SCHEDULING 13 1. Motions are heard on the first and third Thursdays of the month: civil motions at 9:30 a.m. and 14 criminal motions at 10:30 a.m. Case management conferences are every Thursday: criminal cases at 15 10:30 a.m. and civil cases at 11:00 a.m. Parties should notice motions under the local rules and need 16 not reserve a hearing date in advance if the date is available on the court’s calendar (click “Calendars” 17 at http://www.cand.uscourts.gov). Depending on its schedule, the court may reset or vacate hearings. 18 Please call courtroom deputy Lashanda Scott at (415) 522-3140 with scheduling questions. 19 B. CHAMBERS COPIES 20 2. Under Civil Local Rule 5-1(b), parties must lodge a paper “Chambers” copy of any filing. The 21 chambers copy must have the ECF header on each page, use exhibit tabs, and be three-hole-punched and 22 two-sided unless another format makes more sense (e.g., for spreadsheets, pictures, or exhibits). Parties 23 need not submit copies of certificates of service, certificates of interested entities or persons, consents 24 or declinations to the court’s jurisdiction, stipulations that do not require a court order (see Local Civil 25 Rule 6-1), and notices of appearance or substitution of counsel. Please read Civil Local Rule 79-5 26 carefully regarding the requirements for filing documents under seal and providing copies. 27 C. CIVIL DISCOVERY 28 3. Evidence Preservation. After a party has notice of this order, it must take the steps needed to STANDING ORDER 1 preserve information relevant to the issues in this action, including suspending any document destruction 2 programs (including destruction programs for electronically-maintained material). 3 4. Production of Documents In Original Form. When searching for material under Federal Rule 4 of Civil Procedure 26(a)(1) or after a Federal Rule of Civil Procedure 34(a) request, parties (a) must 5 search all locations – electronic and otherwise – where responsive materials might plausibly exist, and 6 (b) to the maximum extent feasible, produce or make available for copying and/or inspection the 7 materials in their original form, sequence, and organization (including, for example, file folders). 45(d)(2)(A), it must produce a privilege log as quickly as possible, but no later than fourteen days after 10 its disclosures or discovery responses are due unless the parties stipulate to, or the Court sets, another 11 For the Northern District of California 5. Privilege Logs. If a party withholds material as privileged, see Fed. R. Civ. P. 26(b)(5) and 9 United States District Court 8 date. Privilege logs must contain the following: (a) the subject matter or general nature of the document 12 (without disclosing its contents); (b) the identity and position of its author; (c) the date it was 13 communicated; (d) the identity and position of all addressees and recipients of the communication; 14 (e) the document’s present location; (f) the specific privilege and a brief summary of any supporting 15 facts; and (g) the steps taken to ensure the confidentiality of the communication, including an 16 affirmation that no unauthorized persons received the communication. 17 6. Expedited Procedures for Discovery Disputes. The parties may not file formal discovery 18 motions. Instead, and as required by the federal rules and local rules, the parties must meet and confer 19 to try to resolve their disagreements. See Fed. R. Civ. P. 37(a)(1); Civil L. R. 37-1. After attempting 20 other means of conferring such as letters, phone calls, or emails, lead counsel for the parties must meet 21 and confer in person. (If counsel are located outside of the Bay Area and cannot confer in person, lead 22 counsel may meet and confer by telephone.) Either party may demand such a meeting with ten days' 23 notice. If the parties cannot agree on the location, the location for meetings will alternate. Plaintiff's 24 counsel will select the first location, defense counsel will select the second location, and so forth. If the 25 parties do not resolve their disagreements through this procedure, the parties must file a joint letter brief 26 of no more than five pages instead of a formal motion five days after lead counsels' in-person meet- 27 and-confer. The letter brief must be filed under the Civil Events category of “Motions and Related 28 Filings > Motions – General > Discovery Letter Brief.” Lead counsel for both parties must sign the STANDING ORDER 2 1 letter and attest that they met and conferred in person. The joint letter must set out each issue in a 2 separate section and include in that section each parties’ position (with appropriate legal authority) and 3 proposed compromise. (This process allows a side-by-side analysis of each disputed issue.) If the 4 disagreement concerns specific discovery that a party has propounded, such as interrogatories, requests 5 for production of documents, or answers or objections to such discovery, the parties must reproduce the 6 question/request and the response in its entirety in the letter. The court then will review the letter and 7 determine whether future proceedings are necessary. In emergencies during discovery events such as 8 depositions, the parties may contact the Court pursuant to Civil Local Rule 37-1(b). 9 D. CONSENT CASES 7. In cases that are assigned to Judge Beeler for all purposes, the parties must file their written 11 For the Northern District of California United States District Court 10 consent or declination of consent to the assignment of a United States Magistrate Judge for all purposes 12 as soon as possible. If a party files a dispositive motion (such as a motion to dismiss or a motion for 13 remand), the moving party must file the consent or declination simultaneously with the motion, and the 14 party opposing the motion must file the consent or declination simultaneously with the opposition. 15 8. The first joint case management conference statement in a case must contain all of the 16 information in the Northern District’s standing order titled “Contents of Joint Case Management 17 Statement.” 18 information contained in an earlier statement and instead should report only progress or changes since 19 the last case management conference and any new recommendations for case management. Subsequent statements for further case management conferences must not repeat 20 E. SUMMARY JUDGMENT MOTIONS 21 9. Motions for summary judgment must be accompanied by a joint statement of the material facts 22 that the parties agree are not in dispute. The parties’ briefs must cite to that joint statement, which must 23 be filed simultaneously with the opening brief. The joint statement must include – for each undisputed 24 fact – citations to admissible evidence. The parties must comply with the procedures set forth in Civil 25 Local Rule 56-2(b). The parties may not file – and the Court will not consider – separate statements of 26 undisputed facts. Failure to stipulate to an undisputed fact without a reasonable basis for doing so may 27 result in sanctions. See Civil L. R. 56-2(b). If the parties cannot work out a reasonable process for 28 drafting the joint statement, they must use the following process: (1) four weeks before the filing date, STANDING ORDER 3 1 the moving party proposes its undisputed facts, and (2) one week later, the responding party replies and 2 the parties meet and confer about any disagreements. If the parties have any problems, they must 3 schedule a telephone conference call with the court at least one week before the motion is filed. For 4 oppositions, a responding party must identify and propose any additional undisputed facts to the moving 5 party within seven days. The moving party must respond within two business days. 6 IT IS SO ORDERED. 7 _______________________________ LAUREL BEELER United States Magistrate Judge 8 9 11 For the Northern District of California United States District Court 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 STANDING ORDER 4

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