Stanley Black & Decker, Inc. et al v. D&L Elite Investments, LLC et al

Filing 109

NOTICE OF REFERRAL AND HEARING DATE: Re 105 MOTION for Sanctions Including Adverse Instructions; Memorandum of Points and Authorities filed by The Black & Decker Corporation, Stanley Black & Decker, Inc. Motion Hearing set for 11/7/2013 at 9:30 AM in Courtroom C, 15th Floor, San Francisco before Magistrate Judge Laurel Beeler. Signed by Magistrate Judge Laurel Beeler on 9/26/2013. (Attachments: # 1 Standing Order)(ls, COURT STAFF) (Filed on 9/26/2013)

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UNITED STATES DISTRICT COURT

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Northern District of California

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San Francisco
STANLEY BLACK & DECKER, INC., and
THE BLACK & DECKER CORPORATION,

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For the Northern District of California

UNITED STATES DISTRICT COURT

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Plaintiffs,
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No. C 12-04516 SC
NOTICE OF REFERRAL AND
HEARING DATE

v.
D&L ELITE INVESTMENTS, LLC, a
California limited liability company d/b/a G
BAY INTERNATIONAL; BILLY DENG, an
individual, WEISHEN LUO, an individual,
and JOHN DOES 1-10, inclusive,
Defendants.
_____________________________________/

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TO ALL PARTIES AND COUNSEL OF RECORD:
The district court has referred Plaintiffs' Notice of Motion and Motion for Sanctions at ECF No.

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105 to United States Magistrate Judge Laurel Beeler. The hearing is set for November 7, 2013, at

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9:30 a.m. in Courtroom C, 15th Floor, Federal Building, 450 Golden Gate Avenue, San Francisco,

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California. The briefing schedule required by Civil Local Rule 7-3 remains in effect (with the

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opposition due on October 4, 2013, and the optional reply due on October 11, 2013).

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Plaintiffs also note other discovery issues. See ECF No. 105 at 7-8. The parties should address

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those issues in the joint letter brief ordered by the district court. See ECF No. 108. The parties

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should limit their letter to five pages, which is the page limit set forth in the undersigned's standing

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order. That order, which is attached, provides for an expedited schedule for resolving discovery
NOTICE OF REFERRAL AND HEARING DATE
C 12-04516-SC

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disputes that gets disputes to the court in approximately two weeks. The relevant excerpt is as

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follows:

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The parties may not file formal discovery motions. Instead, and as required by the federal rules
and local rules, the parties must meet and confer to try to resolve their disagreements. See Fed.
R. Civ. P. 37(a)(1); Civil L. R. 37-1. After attempting other means of conferring such as letters,
phone calls, or emails, lead counsel for the parties must meet and confer in person. (If counsel
are located outside of the Bay Area and cannot confer in person, lead counsel may meet and
confer by telephone.) Either party may demand such a meeting with ten days' notice. If the
parties cannot agree on the location, the location for meetings will alternate. Plaintiff's counsel
will select the first location, defense counsel will select the second location, and so forth. If the
parties do not resolve their disagreements through this procedure, the parties must file a joint
letter brief of no more than five pages instead of a formal motion five days after lead counsels'
in-person meet-and-confer. The letter brief must be filed under the Civil Events category of
“Motions and Related Filings > Motions – General > Discovery Letter Brief.” Lead counsel for
both parties must sign the letter and attest that they met and conferred in person. The joint letter
must set out each issue in a separate section and include in that section each parties’ position
(with appropriate legal authority) and proposed compromise. (This process allows a side-by-side
analysis of each disputed issue.) If the disagreement concerns specific discovery that a party has
propounded, such as interrogatories, requests for production of documents, or answers or
objections to such discovery, the parties must reproduce the question/request and the response in
its entirety in the letter. The court then will review the letter and determine whether future
proceedings are necessary. In emergencies during discovery events such as depositions, the
parties may contact the Court pursuant to Civil Local Rule 37-1(b).

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Given the nature of the spoliation issue, the court is allowing the motion to proceed (even though

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For the Northern District of California

UNITED STATES DISTRICT COURT

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that is not the court's usual process, which is geared toward resolving production issues first and

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addressing sanctions later).

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The parties must comply with the Federal Rules of Civil Procedure, the Local Rules of Civil

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Procedure, and the standing order, including the meet-and-confer procedures regarding resolution of

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future discovery disputes.

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IT IS SO ORDERED.

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Dated: September 26, 2013

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______________________________
LAUREL BEELER
United States Magistrate Judge

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NOTICE OF REFERRAL AND HEARING DATE
C 12-04516-SC

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