Third Degree Films, Inc. v. Does 1 - 178
ORDER RE NOTICE OF REFERRAL FOR DISCOVERY:. Signed by Chief Magistrate Judge Maria-Elena James on 11/26/2012. (Attachments: # 1 Standing Order - Discovery)(rmm2S, COURT STAFF) (Filed on 11/26/2012)
Discovery Standing Order
Magistrate Judge Maria-Elena James
San Francisco, Courtroom B, 15th Floor
Rose Maher, Courtroom Deputy (415) 522-4708
This standing order informs all parties of the procedures for cases assigned to Magistrate Judge
Maria-Elena James for trial or referred for purposes of discovery. This Order addresses all caserelated discovery, including that which involves non-parties, and therefore applies whether or
not an individual or entity is named in the complaint. Failure to abide by this Standing Order
may result in the imposition of sanctions pursuant to Federal Rule of Civil Procedure 16(f) and
Civil Local Rule 37-3.
Parties shall propound disclosures and discovery in accordance with Federal Rules of
Civil/Criminal Procedure and the corresponding Civil/Criminal Local Rules for the
Northern District of California. A copy of the Local Rules is available at
http://www.cand.uscourts.gov and at the Clerk’s Office.
No motions to compel shall be considered. Instead, the parties must meet and confer in
person for the purpose of resolving all disputes. If unable to resolve any disputes, the
parties shall draft and file a jointly-signed letter that contains the following:
A cover page with the case caption, an attestation that the parties met and
conferred in person prior to filing the letter, and the signature of both
parties or counsel;
A joint section setting forth the unresolved dispute and any pertinent
factual background; and
Each party’s position, including relevant legal authority.
The joint letter shall be limited to five pages, excluding the cover page, and may not be
accompanied by exhibits or affidavits other than exact copies of interrogatories, requests
for production of documents and/or responses, privilege logs, and relevant deposition
testimony. The parties need not state all disputes in one letter; rather, it is preferable that
the parties file a separate letter for each dispute.
In the event that the parties are unable to meet and confer as directed above, or a moving
party is unable to obtain the opposing party’s portion of a joint letter after the meet and
confer session, the moving party shall file a written request for a telephonic conference
for the purpose of enforcing the Court’s meet and confer requirement, or for the Court to
fashion an alternative procedure. The written request shall include a declaration which
states any attempt to meet and confer and/or obtain the joint letter, the reasons for the
inability to comply with the standing order, and (if possible) three dates and times at
which all parties are available for a telephonic conference. The moving party may attach
exhibits to the declaration, but the declaration and exhibits combined may not exceed
seven pages. The Court will not excuse a party from the requisite in-person meeting
unless good cause is shown.
In the event that the parties are participating in a deposition or a site inspection and a
dispute arises, the parties may contact the courtroom deputy, Rose Maher, to inquire
whether Magistrate Judge James is available to address the dispute telephonically. In the
event she is unavailable, the parties shall follow the procedures for requesting a
telephonic conference as set forth in paragraph 3 above. In such a case, the deposition or
site inspection shall proceed with objections noted for the record.
No motion for sanctions may be filed until after the moving party has complied with the
requirements of paragraphs 2 and 3 above. Motions for sanctions shall be filed
separately, pursuant to Federal Rule 37 and Civil Local Rules 7 and 37-3.
The parties shall comply with Civil Local Rule 6 regarding any requests to change time.
Pursuant to Civil Local Rule 11-4(c), with the exception of communication with the
courtroom deputy regarding scheduling, no party may contact the Court ex parte without
prior notice to the opposing party. All communications or questions to the Court shall be
presented in writing, properly filed, and include a certification that all parties were
The parties should not submit chambers copies, with the exception of documents that (1)
are related to a pending discovery dispute and/or motion and (2) exceed 10 pages when
combined. For these documents only, the submitting party must comply with the timing
requirements in Civil Local Rule 5-1(e)(7). All chambers copies must be double-sided
(when possible) and include (1) the running header created by the ECF system at the top
of each page, and (2) exhibits, if any, that are clearly delineated with tabbed dividers.
These printed copies shall be marked “Chambers Copy” and submitted to the Clerk’s
Office, in an envelope marked with “Magistrate Judge James,” the case number, and
IT IS SO ORDERED.
Dated: September 5, 2012
United States Magistrate Judge
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