Disney Enterprises, Inc. et al v. Hotfile Corp. et al

Filing 6

ORDER re 1 MOTION to Compel filed by Hotfile Corp. Motions terminated: 1 MOTION to Compel filed by Hotfile Corp. Signed by Magistrate Judge Donna M. Ryu on 11/21/2011. (dmrlc2, COURT STAFF) (Filed on 11/21/2011)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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For the Northern District of California

United States District Court

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DISNEY ENTERPRISES, INC., ET AL.,

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Plaintiffs,

No. C-11-80288 MISC RS (DMR)
NOTICE OF REFERENCE AND ORDER
RE DISCOVERY PROCEDURES

v.

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HOTFILE CORP., ET AL,

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Defendants.
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TO ALL PARTIES AND COUNSEL OF RECORD:
The above matter has been referred to Magistrate Judge Donna M. Ryu for resolution of

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Defendant Hotfile Corp.’s Motion to Compel Third Party DtecNet to Provide Deposition Testimony

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and Produce Documents (“Motion to Compel”). The Motion to Compel was noticed for hearing on

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December 6, 2011.

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The court VACATES the current hearing date on Defendant’s Motion to Compel and

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DENIES the Motion to Compel without prejudice. Any joint letter regarding the instant discovery

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dispute (see section below entitled “Resolution of Discovery Disputes”) shall be filed no later than

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December 2, 2011.

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Parties shall comply with the procedures in this order, the Federal Rules of Civil Procedure,

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and the Northern District of California’s Local Rules, General Orders, and General Standing Orders.

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Local rules, general orders, general standing orders, and a summary of the general orders’ electronic

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filing requirements (including the procedures for emailing proposed orders to chambers) are

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available at http://www.cand.uscourts.gov. The parties’ failure to comply with any of the rules or

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orders may be a ground for sanctions.

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RESOLUTION OF DISCOVERY DISPUTES
In order to respond to discovery disputes in a flexible, cost-effective and efficient manner,

Instead, as required by the federal and local rules, the parties shall first meet and confer to try to

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resolve their disagreements. The meet and confer session must be in person or by telephone, and

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may not be conducted by letter, e-mail, or fax. If disagreements remain, the parties shall file a joint

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letter no later than five (5) business days after the meet and confer session. Lead trial counsel for

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For the Northern District of California

the Court uses the following procedure. The parties shall not file formal discovery motions.

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United States District Court

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both parties must sign the letter, which shall include an attestation that the parties met and

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conferred in person or by telephone regarding all issues prior to filing the letter. Going issue-by-

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issue, the joint letter shall describe each unresolved issue, summarize each party’s position with

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appropriate legal authority; and provide each party’s final proposed compromise before moving to

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the next issue. The joint letter shall not exceed ten (10) pages without leave of Court. In the rare

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instance that a joint letter is not possible, each side may submit a letter not to exceed four (4) pages,

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which shall include an explanation of why a joint letter was not possible. When appropriate, the

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parties may submit one exhibit to the letter that sets forth each discovery request at issue in full,

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followed immediately by the objections and/or responses thereto. No other information shall be

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included in any such exhibit. No other exhibits shall be submitted without prior approval by the

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Court. The Court will review the submission(s) and determine whether formal briefing or

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proceedings are necessary.

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In emergencies during discovery events (such as depositions), any party may, after

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exhausting good faith attempts to resolve disputed issues, seek judicial intervention pursuant to Civil

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L.R. 37-1(b) by contacting the Court through the courtroom deputy. If the Court is unavailable, the

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discovery event shall proceed with objections noted for the record.

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In the event that a discovery hearing is ordered, the Court has found that it is often efficient
and beneficial for the parties if counsel appear in person. This provides the opportunity, where

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appropriate, to engage counsel in resolving aspects of the discovery dispute while remaining

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available to rule on any disputes that counsel are not able to resolve. For this reason, the Court

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expects counsel to appear in person. Permission for a party to attend by telephone may be granted,

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in the Court's discretion, upon written request made at least two weeks in advance of the hearing if

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the Court determines that good cause exists to excuse personal attendance, and that personal

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attendance is not needed in order to have an effective discovery hearing. The facts establishing good

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cause must be set forth in the request.

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For the Northern District of California

United States District Court

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CHAMBERS COPIES AND PROPOSED ORDERS
All filings relating to a discovery dispute referred to Magistrate Judge Ryu shall list the civil
case number and the district court judge’s initials followed by the designation “(DMR).”
Under Civil L.R. 5-1(b), parties must lodge an extra paper copy of any filing and mark it as a

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copy for “Chambers.” Please three-hole punch the chambers copy and submit it to the Oakland

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Clerk’s Office. In a case subject to electronic filing, chambers copies must be submitted by the

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close of the next court day following the day the papers are filed electronically. Any proposed

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stipulation or proposed order in a case subject to electronic filing shall be submitted by email to

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[e-mail] as a word processing format attachment on the same day that the

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document is e-filed. This address should only be used for this stated purpose unless otherwise

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directed by the Court.

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PRIVILEGE LOGS

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If a party withholds information that is responsive to a discovery request by claiming that it

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is privileged or otherwise protected from discovery, that party shall promptly prepare and provide a

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privilege log that is sufficiently detailed and informative for the opposing part(ies) to assess whether

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a document's designation as privileged is justified. See Fed.R.Civ.P. 26(b)(5). The privilege log

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shall set forth the privilege relied upon and specify separately for each document or for each

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category of similarly situated documents:

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a.

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The title and description of the document, including number of pages or Batesnumber range;

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The subject matter addressed in the document;

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The identity and position of its author(s);

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The identity and position of all addressees and recipients;

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e.

The date the document was prepared and, if different, the date(s) on which it was sent

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Failure to furnish this information promptly may be deemed a waiver of the privilege or protection.

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S

DONNA M. RYU
United States Magistrate Judge

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onna
Judge D

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For the Northern District of California

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D

RDERE

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IT IS S

NO

United States District Court

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Dated: November 21, 2011

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M. Ryu

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IT IS SO ORDERED.

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The specific basis for the claim that the document is privileged or protected.

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f.

UNIT
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to or shared with persons other than its author(s); and

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