California Primary Care Association et al v. Douglas et al
Filing
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ADR SCHEDULING ORDER: Case Management Statement due by 7/11/2012. Case Management Conference set for 7/18/2012 10:00 AM. Signed by Magistrate Judge Nathanael M. Cousins on 4/5/12. (Attachments: # 1 NC Standing Order, # 2 Standing Order)(aaa, COURT STAFF) (Filed on 4/5/2012)
CIVIL STANDING ORDER FOR
U.S. MAGISTRATE JUDGE NATHANAEL COUSINS
(Effective July 5, 2011)
Parties shall comply with the procedures in the Federal Rules of Civil and Criminal
Procedure, the Northern District of California’s Local Rules and General Orders, and this
standing order, all of which are available at http://www.cand.uscourts.gov. Failure to
comply with any of the rules or orders may be grounds for monetary sanctions, dismissal,
entry of judgment, or other appropriate sanctions.
SCHEDULING
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Civil motions are heard Wednesday at 9:00 a.m.
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Civil case management conferences are held Wednesday at 10:00 a.m.
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Civil pretrial conferences are held Wednesday at 2:00 p.m.
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Parties need not reserve a hearing date, but should confirm the Court’s availability
at http://www.cand.uscourts.gov.
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For scheduling questions not addressed here, please call Judge Cousins’ courtroom
deputy, Lili Harrell, at 415.522.2039.
CONSENT CASES
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In civil cases that are assigned to Judge Cousins for all purposes, the parties should
file their consent to the assignment of a United States Magistrate Judge for all
purposes, or their written declination of consent, as soon as possible. In no event
shall the consent or declination be filed later than the deadlines specified in Civil
Local Rules 73-1(a)(1) and (2).
CHAMBERS’ COPY AND PROPOSED ORDERS
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Under Civil Local Rule 5-1(b) parties must lodge an extra paper copy of any filing
and mark it as a copy for “Chambers.” Parties do not need to submit paper copies
for stipulations, pro hac vice applications, and similar non-motion filings.
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Any stipulation or proposed order in a case subject to e-filing should, in addition to
being e-filed, be submitted by email to NCpo@cand.uscourts.gov as a WordPerfect
attachment on the same day the document is e-filed.
CIVIL CASE MANAGEMENT
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No later than seven days before the initial case management conference, the parties
shall file a Joint Case Management Statement in compliance with the Northern
District of California’s general standing order for civil cases entitled “Contents of
Joint Case Management Statement.”
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All case management, status, and pretrial conferences are audio recorded. They are
not reported by a court reporter unless counsel requests a court reporter in advance.
CIVIL DISCOVERY
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Discovery disputes in cases referred by a district court judge to Judge Cousins must
follow either procedure no. 1 or procedure no. 2, set forth below, depending on the
status of the dispute at the time of the referral by the district court.
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Discovery disputes in cases assigned to Judge Cousins for all purposes must follow
procedure no. 2 below.
Discovery Procedure No. 1: Motions noticed for hearing before the district court and
subsequently referred to Judge Cousins shall maintain the original district court briefing
schedule. Judge Cousins will reschedule a hearing on the motion to a date on Judge
Cousins’ civil law and motion calendar.
Discovery Procedure No. 2: Discovery disputes that arise after the case has been referred to
Judge Cousins, or before a formal motion has been filed before the district court, shall
follow the procedure below:
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The parties shall meet and confer in a good faith attempt to resolve their dispute. If
the parties are unable to resolve their dispute after a good faith effort, they shall
prepare a joint statement of not more than five pages stating the nature and status of
the dispute. Issue-by-issue, the joint letter shall describe each unresolved issue,
summarize each party’s position with appropriate legal authority, and provide each
party’s final proposed compromise. The statement shall not be accompanied by
affidavits or exhibits. The parties are strongly encouraged to submit a joint
statement, but in the rare instances when a joint statement is not possible, each side
may submit a statement of not more than two pages. The joint statement or
individual statements shall be e-filed (unless the case is exempt from e-filing
requirements).
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Upon review of the parties’ submission[s], the Court will advise the parties of how
the Court intends to proceed. The Court may issue a ruling or schedule a telephone
conference or in-person conference with the parties, and at such conference may
issue rulings, order further briefing, or set further hearing dates.
IT IS SO ORDERED.
__________________________
Nathanael Cousins
United States Magistrate Judge
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