Bronson et al v. Johnson & Johnson Inc. et al

Filing 77

NOTICE OF REFERENCE AND ORDER RE DISCOVERY PROCEDURES. Signed by Judge Joseph C. Spero on 7/9/14. (klhS, COURT STAFF) (Filed on 7/9/2014)

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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 BARBARA BRONSON, et al., Case No. 12-cv-04184-CRB (JCS) Plaintiffs. 8 v. 9 10 JOHNSON & JOHNSON INC., et al., Defendants. NOTICE OF REFERENCE AND ORDER RE DISCOVERY PROCEDURES Re: Dkt Nos. 70, 71 United States District Court Northern District of California 11 12 13 TO ALL PARTIES AND COUNSEL OF RECORD: The above matter has been referred to Magistrate Judge Joseph C. Spero for resolution of 14 15 Plaintiffs' Motion to Compel Defendants' Responses to Plaintiffs' Request for Discovery, and 16 Defendants' Motion for Protective Order (the Motions), and all future discovery matters. The 17 parties have advised the Court via email that the Motions have been resolved and are being 18 withdrawn. 19 LAW AND MOTION PROCEDURES 20 Civil law and motion is heard on Friday mornings at 9:30 a.m., in Courtroom G, 15th 21 Floor, United States District Court, 450 Golden Gate Avenue, San Francisco, California. In the event a future discovery dispute arises, IT IS HEREBY ORDERED that before 22 23 24 filing any discovery motion before this Court, the parties must comply with the following: 1. Lead trial counsel for both parties must meet and confer in person regarding the 25 matter(s) at issue. This meeting shall occur after other efforts to resolve the dispute, 26 such as telephone, e-mail, teleconference, or correspondence, have been unsuccessful. 27 Once those efforts have proved unsuccessful, any party may demand a meeting of lead 28 trial counsel to resolve a discovery matter. Such a meeting shall occur within ten (10) 1 calendar days of the demand. The locations of the meetings shall alternate. The first 2 meeting shall be at a location selected by counsel for Plaintiff(s). If there are any 3 future disputes, the next such meeting shall be held at a location to be determined by 4 counsel for Defendant(s), etc. 5 2. Within five (5) calendar days of the in-person meeting between lead trial counsel 6 referred to above, the parties shall jointly file a detailed letter with the Court, not to 7 exceed five (5) pages without leave of Court, which will include the matters that 8 remain in dispute, a detailed substantive description of each side’s position on each 9 such issue, and a description of each side’s proposed compromise on each such issue. 10 United States District Court Northern District of California 11 3. After the Court has received the joint letter, the Court will determine what future proceedings, if any, are necessary. 12 In the event that the parties continue to be unable to resolve the matters regarding the timing 13 and scope of discovery, the Court will consider what future actions are necessary. These actions 14 may include the following: (1) sanctions against a party failing to cooperate in the discovery 15 process and meet and confer in good faith, as required by this Order, the Federal Rules of Civil 16 Procedure, and the Local Rules of this Court; and/or (2) requiring the Chief Executive Officers of 17 each party to attend the in-person, meet-and-confer sessions described above. The Court is not 18 entering either of these matters as an Order of the Court at this time, and fully expects counsel to 19 meet their obligations under this Order and under the Local Rules. 20 21 22 A party or counsel has a continuing duty to supplement the initial disclosure when required under Fed. R. Civ. P. 26(e)(1). Law and motion matters may be submitted without argument upon stipulation of the parties 23 and notification of the Court no later than 4:30 p.m. the day before the hearing. Pursuant to Civil 24 L. R. 7-7(e), filed motions may be withdrawn without leave of the Court, within seven (7) days of 25 the date for service of the opposition. Thereafter, leave of the Court must be sought. 26 27 All filings of documents relating to motions referred to the undersigned shall list the civil case number and the district court judge’s initials followed by the designation “(JCS)”. 28 2 ELECTRONIC FILING AND COURTESY COPIES 1 2 Please refer to Civil L. R. 5-4 and General Order No. 45 for the Northern District of California 3 for information relating to electronic filing procedures and requirements. All documents shall be 4 filed in compliance with the Civil Local Rules. Documents not filed in compliance with those 5 rules will not be considered by the Court. 6 BEFORE NOON ON THE NEXT BUSINESS DAY FOLLOWING THE ELECTRONIC 7 FILING, THE PARTIES ARE REQUIRED TO LODGE DIRECTLY WITH CHAMBERS ONE 8 CONFORMED, PAPER COPY OF EACH DOCUMENT, WHICH IS TO BE DESIGNATED 9 "JCS’S CHAMBERS' COPY." 10 United States District Court Northern District of California 11 12 13 14 15 The failure of counsel or a party to abide by this Order may result in sanctions pursuant to Fed. R. Civ. P. 16(f). IT IS SO ORDERED. Dated: July 9, 2014 ______________________________ JOSEPH C. SPERO United States Magistrate Judge 16 17 18 19 20 21 22 23 24 25 26 27 28 3

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