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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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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BARBARA BRONSON, et al.,

Case No. 12-cv-04184-CRB (JCS)

Plaintiffs.
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v.
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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

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TO ALL PARTIES AND COUNSEL OF RECORD:
The above matter has been referred to Magistrate Judge Joseph C. Spero for resolution of

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Plaintiffs' Motion to Compel Defendants' Responses to Plaintiffs' Request for Discovery, and

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Defendants' Motion for Protective Order (the Motions), and all future discovery matters. The

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parties have advised the Court via email that the Motions have been resolved and are being

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withdrawn.

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LAW AND MOTION PROCEDURES

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Civil law and motion is heard on Friday mornings at 9:30 a.m., in Courtroom G, 15th

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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

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filing any discovery motion before this Court, the parties must comply with the following:
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Lead trial counsel for both parties must meet and confer in person regarding the

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matter(s) at issue. This meeting shall occur after other efforts to resolve the dispute,

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such as telephone, e-mail, teleconference, or correspondence, have been unsuccessful.

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Once those efforts have proved unsuccessful, any party may demand a meeting of lead

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trial counsel to resolve a discovery matter. Such a meeting shall occur within ten (10)

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calendar days of the demand. The locations of the meetings shall alternate. The first

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meeting shall be at a location selected by counsel for Plaintiff(s). If there are any

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future disputes, the next such meeting shall be held at a location to be determined by

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counsel for Defendant(s), etc.

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2.

Within five (5) calendar days of the in-person meeting between lead trial counsel

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referred to above, the parties shall jointly file a detailed letter with the Court, not to

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exceed five (5) pages without leave of Court, which will include the matters that

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remain in dispute, a detailed substantive description of each side’s position on each

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such issue, and a description of each side’s proposed compromise on each such issue.

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United States District Court
Northern District of California

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3.

After the Court has received the joint letter, the Court will determine what future
proceedings, if any, are necessary.

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In the event that the parties continue to be unable to resolve the matters regarding the timing

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and scope of discovery, the Court will consider what future actions are necessary. These actions

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may include the following: (1) sanctions against a party failing to cooperate in the discovery

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process and meet and confer in good faith, as required by this Order, the Federal Rules of Civil

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Procedure, and the Local Rules of this Court; and/or (2) requiring the Chief Executive Officers of

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each party to attend the in-person, meet-and-confer sessions described above. The Court is not

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entering either of these matters as an Order of the Court at this time, and fully expects counsel to

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meet their obligations under this Order and under the Local Rules.

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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

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and notification of the Court no later than 4:30 p.m. the day before the hearing. Pursuant to Civil

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L. R. 7-7(e), filed motions may be withdrawn without leave of the Court, within seven (7) days of

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the date for service of the opposition. Thereafter, leave of the Court must be sought.

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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)”.

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ELECTRONIC FILING AND COURTESY COPIES

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Please refer to Civil L. R. 5-4 and General Order No. 45 for the Northern District of California

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for information relating to electronic filing procedures and requirements. All documents shall be

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filed in compliance with the Civil Local Rules. Documents not filed in compliance with those

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rules will not be considered by the Court.

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BEFORE NOON ON THE NEXT BUSINESS DAY FOLLOWING THE ELECTRONIC

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FILING, THE PARTIES ARE REQUIRED TO LODGE DIRECTLY WITH CHAMBERS ONE

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CONFORMED, PAPER COPY OF EACH DOCUMENT, WHICH IS TO BE DESIGNATED

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"JCS’S CHAMBERS' COPY."

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United States District Court
Northern District of California

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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

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