Mycone Dental Supply Co., Inc. v. Creative Nail Design, Inc.

Filing 91

Order by Magistrate Judge Donna M. Ryu denying 89 Motion to Compel and establishing discovery procedures.(dmrlc2, COURT STAFF) (Filed on 11/21/2012) Modified on 11/21/2012 (dmrlc2, COURT STAFF).

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 NORTHERN DISTRICT OF CALIFORNIA 11 For the Northern District of California United States District Court 10 MYCONE DENTAL SUPPLY CO INC, 12 Plaintiff(s), 13 No. C-12-00747 RS (DMR) NOTICE OF REFERENCE AND ORDER RE DISCOVERY PROCEDURES v. 14 CREATIVE NAIL DESIGN INC, 15 Defendant(s). ___________________________________/ 16 17 TO ALL PARTIES AND COUNSEL OF RECORD: 18 The above matter has been referred to Magistrate Judge Donna M. Ryu for resolution of 19 Defendant Creative Nail Design, Inc.’s Motion to Compel ("Motion to Compel"), as well as all 20 further discovery. The Motion to Compel was noticed for hearing on December 20, 2012. 21 The court VACATES the current hearing date on the Motion to Compel and DENIES the 22 motion without prejudice. Any joint letter regarding the instant discovery dispute (see section below 23 entitled "Resolution of Discovery Disputes") shall be filed no later than December 14, 2012. 24 Discovery letter briefs must be e-filed under the Civil Events category of Motions and Related 25 Filings > Motions - General > "Discovery Letter Brief." 26 Parties shall comply with the procedures in this order, the Federal Rules of Civil Procedure, 27 and the Northern District of California’s Local Rules, General Orders, and Standing Orders. Local 28 rules, general orders, standing orders, and instructions for using the Court's Electronic Case Filing 1 system are available at Failure to comply with any of the rules or 2 orders may be a ground for sanctions. 3 4 RESOLUTION OF DISCOVERY DISPUTES In order to respond to discovery disputes in a flexible, cost-effective and efficient manner, 5 the court uses the following procedure. The parties shall not file formal discovery motions. Instead, 6 as required by the federal and local rules, the parties shall first meet and confer to try to resolve their 7 disagreements. The meet and confer session must be in person or by telephone, and may not be 8 conducted by letter, e-mail, or fax. If disagreements remain, the parties shall file a joint letter no 9 later than five business days after the meet and confer session, unless otherwise directed by the court. Lead trial counsel for both parties must sign the letter, which shall include an attestation 11 For the Northern District of California United States District Court 10 that the parties met and conferred in person or by telephone regarding all issues prior to filing the 12 letter. Going issue-by-issue, the joint letter shall describe each unresolved issue, summarize each 13 party’s position with appropriate legal authority; and provide each party’s final proposed 14 compromise before moving to the next issue. The joint letter shall not exceed ten pages without 15 leave of court. Parties are expected to plan for and cooperate in preparing the joint letter so 16 that each side has adequate time to address the arguments. In the rare instance that a joint letter 17 is not possible, each side may submit a letter not to exceed four pages, which shall include an 18 explanation of why a joint letter was not possible. The parties shall submit one exhibit to the letter 19 that only sets forth each disputed discovery request in full, followed immediately by the objections 20 and/or responses thereto. No other information shall be included in any such exhibit. No other 21 exhibits shall be submitted without prior approval by the court. The court will review the 22 submission(s) and determine whether formal briefing or proceedings are necessary. Discovery 23 letter briefs must be e-filed under the Civil Events category of Motions and Related Filings > 24 Motions - General > "Discovery Letter Brief". 25 In the event that a discovery hearing is ordered, the court has found that it is often efficient 26 and beneficial for counsel to appear in person. This provides the opportunity, where appropriate, to 27 engage counsel in resolving aspects of the discovery dispute while remaining available to rule on 28 any disputes that counsel are not able to resolve. For this reason, the court expects counsel to appear 2 1 in person. Permission for a party to attend by telephone may be granted, in the court's discretion, 2 upon written request made at least one week in advance of the hearing if the court determines that 3 good cause exists to excuse personal attendance, and that personal attendance is not needed in order 4 to have an effective discovery hearing. The facts establishing good cause must be set forth in the 5 request. 6 In emergencies during discovery events (such as depositions), any party may, after 7 exhausting good faith attempts to resolve disputed issues, seek judicial intervention pursuant to Civil 8 L.R. 37-1(b) by contacting the court through the courtroom deputy. If the court is unavailable, the 9 discovery event shall proceed with objections noted for the record. CHAMBERS COPIES AND PROPOSED ORDERS 11 For the Northern District of California United States District Court 10 Pursuant to Civil L.R. 5-1(e)(7) and 5-2(b), parties must lodge an extra paper copy of certain 12 filings and mark it as a copy for “Chambers.” Please three-hole punch the chambers copy and 13 submit it to the Oakland Clerk’s Office. 14 Any stipulation or proposed order submitted by an e-filing party shall be submitted by email 15 to as a word processing attachment on the same day the document is e- 16 filed. This address should only be used for this stated purpose unless otherwise directed by the 17 court. 18 PRIVILEGE LOGS 19 If a party withholds information that is responsive to a discovery request by claiming that it 20 is privileged or otherwise protected from discovery, that party shall promptly prepare and provide a 21 privilege log that is sufficiently detailed and informative for the opposing party to assess whether a 22 document’s designation as privileged is justified. See Fed.R.Civ.P. 26(b)(5). The privilege log shall 23 set forth the privilege relied upon and specify separately for each document or for each category of 24 similarly situated documents: 25 (a) the title and description of the document, including number of pages or 26 Bates-number range; 27 (b) the subject matter addressed in the document; 28 (c) the identity and position of its author(s); 3 1 (d) the identity and position of all addressees and recipients; 2 (e) the date the document was prepared and, if different, the date(s) on which it was 3 sent to or shared with persons other than its author(s); and 4 (f) the specific basis for the claim that the document is privileged or protected. 5 Communications involving trial counsel that post-date the filing of the complaint need not be 6 placed on a privilege log. Failure to furnish this information promptly may be deemed a waiver of 7 the privilege or protection. Dated: November 21, 2012 . Ryu 12 RT onna M Judge D 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4 A RN LI DONNA M. RYU United States Magistrate Judge E 13 H For the Northern District of California 11 NO United States District Court 10 DERED O OR IT IS S R NIA IT IS SO ORDERED. FO S UNIT ED 9 RT U O 8 S DISTRICT TE C TA F D IS T IC T O R C

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