Cordy v. USS-Posco Industries et al

Filing 29

NOTICE of Referral and ORDER regarding Discovery Procedures re 26 27 . Signed by Magistrate Judge Laurel Beeler on 12/21/2012. (Attachments: # 1 Standing Order)(lblc2, COURT STAFF) (Filed on 12/21/2012)

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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 May 17, 2012) 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 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. The 15 civil motions calendar is on the first and third Thursdays of the month at 11 a.m. Civil case management 16 conferences are Thursdays at 10:30 a.m. and are not recorded unless a party is pro se or unless counsel 17 requests recording. 18 2. Parties who notice motions under the local rules need not reserve a hearing date in advance if 19 the 20 Depending on its schedule, the Court may reset or vacate hearings. 21 22 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. 23 B. CHAMBERS COPIES 24 4. Under Civil Local Rule 5-1(b), parties must lodge an extra paper copy of any filing and mark 25 it as a copy for “Chambers.” Please three-hole punch the chambers copy. 26 27 28 STANDING ORDER FOR UNITED STATES MAGISTRATE JUDGE LAUREL BEELER 1 C. CIVIL DISCOVERY 2 5. Evidence Preservation. After a party has notice of this order, it shall take the steps needed to 3 preserve information relevant to the issues in this action, including suspending any document destruction 4 programs (including destruction programs for electronically-maintained material). 5 6. Production of Documents In Original Form. When searching for documents and material 6 under Federal Rule of Civil Procedure 26(a)(1) or after a Federal Rule of Civil Procedure 34(a) request, 7 parties (a) should search all locations – electronic and otherwise – where responsive materials might 8 plausibly exist, and (b) to the maximum extent feasible, produce or make available for copying and/or 9 inspection the materials in their original form, sequence, and organization (including, for example, file folders). 11 For the Northern District of California United States District Court 10 7. Privilege Logs. If a party withholds material as privileged, see Fed. R. Civ. P. 26(b)(5) and 12 45(d)(2)(A), it must produce a privilege log as quickly as possible, but no later than fourteen days after 13 its disclosures or discovery responses are due, unless the parties stipulate to or the Court sets another 14 date. Privilege logs must contain the following: (a) the subject matter or general nature of the document 15 (without disclosing its contents); (b) the identity and position of its author; (c) the date it was 16 communicated; (d) the identity and position of all addressees and recipients of the communication; 17 (e) the document’s present location; (f) the specific privilege and a brief summary of any supporting 18 facts; and (g) the steps taken to ensure the confidentiality of the communication, including an 19 affirmation that no unauthorized persons received the communication. 20 8. Expedited Procedures for Discovery Disputes. The parties shall not file formal discovery 21 motions. Instead, and as required by the federal rules and local rules, the parties shall meet and confer 22 to try to resolve their disagreements. See Fed. R. Civ. P. 37(a)(1); Civil L. R. 37-1. After attempting 23 other means of conferring such as letters, phone calls, or emails, lead counsel for the parties must meet 24 and confer in person. (If counsel are located outside of the Bay Area and cannot confer in person, lead 25 counsel may meet and confer by telephone.) Either party may demand such a meeting with ten days' 26 notice. If the parties cannot agree on the location, the location for meetings shall alternate. Plaintiff's 27 counsel shall select the first location, defense counsel shall select the second location, and so forth. If 28 the parties do not resolve their disagreements through this procedure, the parties shall file a joint letter STANDING ORDER FOR UNITED STATES MAGISTRATE JUDGE LAUREL BEELER 2 meet-and-confer. The letter brief must be filed under the Civil Events category of “Motions and Related 3 Filings > Motions – General > Discovery Letter Brief.” Lead counsel for both parties must sign the 4 letter and attest that they met and conferred in person. The joint letter shall set out each issue in a 5 separate section and include in that section each parties’ position (with appropriate legal authority) and 6 proposed compromise. (This process allows a side-by-side analysis of each disputed issue.) If the 7 disagreement concerns specific discovery that a party has propounded, such as interrogatories, requests 8 for production of documents, or answers or objections to such discovery, the parties shall reproduce the 9 question/request and the response in its entirety in the letter. The Court then will review the letter and 10 determine whether future proceedings are necessary. In emergencies during discovery events such as 11 For the Northern District of California brief of no more than five pages instead of a formal motion five days after lead counsels' in-person 2 United States District Court 1 depositions, the parties may contact the Court pursuant to Civil Local Rule 37-1(b). 12 D. CONSENT CASES 13 9. In cases that are randomly assigned to Judge Beeler for all purposes, the parties should file their 14 written consent to the assignment of a United States Magistrate Judge for all purposes, or their written 15 declination of consent, as soon as possible. If a party files a dispositive motion (such as a motion to 16 dismiss or a motion for remand), the moving party must file the consent or declination simultaneously 17 with the motion. Similarly, the party opposing the motion must file the consent or declination 18 simultaneously with the opposition. 19 10. The first joint case management conference statement in a case must contain all of the 20 information in the Northern District’s standing order titled “Contents of Joint Case Management 21 Statement.” Subsequent statements for further case management conferences should not repeat 22 information contained in an earlier statement and instead should report only progress or changes since 23 the last case management conference and any new recommendations for case management. 24 E. SUMMARY JUDGMENT MOTIONS 25 11. Motions for summary judgment shall be accompanied by a joint statement of the material facts 26 that the parties agree are not in dispute. The joint statement shall include – for each undisputed fact – 27 citations to admissible evidence. The parties shall comply with the procedures set forth in Civil Local 28 Rule 56-2(b). The parties may not file – and the Court will not consider – separate statements of STANDING ORDER FOR UNITED STATES MAGISTRATE JUDGE LAUREL BEELER 3 1 undisputed facts. Failure to stipulate to an undisputed fact without a reasonable basis for doing so may 2 result in sanctions. See Civil L. R. 56-2(b). 3 IT IS SO ORDERED. 4 _______________________________ LAUREL BEELER United States Magistrate Judge 5 6 7 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 FOR UNITED STATES MAGISTRATE JUDGE LAUREL BEELER 4

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