Synopsys, Inc. v. Mentor Graphics Corporation

Filing 111

*** FILED IN ERROR. PLEASE SEE DOCKET # 112 *** ORDER RE DISCOVERY PROCEDURES AND CONTINUING HEARING DATE ON DEFENDANT'S MOTION FOR ENTRY OF PROTECTIVE ORDER 107 . Motion Hearing set for 1/9/2014 11:00 AM before Magistrate Judge Donna M. Ryu. Signed by Magistrate Judge Donna M. Ryu on 12/04/13. (dmrlc2, COURT STAFF) (Filed on 12/4/2013) Modified on 12/4/2013 (dmrlc2, COURT STAFF).

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

NORTHERN DISTRICT OF CALIFORNIA

11
For the Northern District of California

United States District Court

10
SYNOPSYS INC,

12
13

Plaintiff(s),
v.

14

MENTOR GRAPHICS CORP,

15

No. C-12-06467-MMC (DMR)
NOTICE OF REFERENCE AND ORDER
RE DISCOVERY PROCEDURES AND
CONTINUING HEARING DATE ON
DEFENDANT’S MOTION FOR ENTRY
OF PROTECTIVE ORDER [DOCKET
NO. 107]

Defendant(s).
___________________________________/

16
17
18

TO ALL PARTIES AND COUNSEL OF RECORD:
The above matter has been referred to Magistrate Judge Donna M. Ryu for resolution of

19

Defendant Mentor Graphics Corporation’s Motion for Entry of Proposed Protective Order (Docket

20

No. 107) and all further discovery matters. See Docket No. 110. The hearing on the motion was

21

noticed for hearing before Judge Chesney on January 3, 2014.

22

The court vacates the January 3, 2014 hearing date. You are hereby notified that a hearing

23

regarding the motion is set for January 9, 2014 at 11:00 a.m. at the U.S. District Court, 1301 Clay

24

Street, Oakland, California 94612. For courtroom number and floor information, please check the

25

Court’s on-line calendar at http://www.cand.uscourts.gov (click “Calendars - Judges' Weekly

26

Calendars” link, then select Judge Ryu’s calendar).

27
28

1

The new hearing date does not affect the briefing schedule, which is governed by Civil L.R.

2

7. Any subsequent discovery disputes must comply with the procedures for resolution of discovery

3

disputes as set forth below.

4

Parties shall comply with the procedures in this order, the Federal Rules of Civil Procedure,

5

and the Northern District of California’s Local Rules, General Orders, and Standing Orders. Local

6

rules, general orders, standing orders, and instructions for using the Court's Electronic Case Filing

7

system are available at http://www.cand.uscourts.gov. Failure to comply with any of the rules or

8

orders may be a ground for sanctions.

9

In order to respond to discovery disputes in a flexible, cost-effective and efficient manner,

11
For the Northern District of California

United States District Court

10

RESOLUTION OF DISCOVERY DISPUTES

the court uses the following procedure. The parties shall not file formal discovery motions. Instead,

12

as required by the federal and local rules, the parties shall first meet and confer to try to resolve their

13

disagreements. The meet and confer session must be in person or by telephone, and may not be

14

conducted by letter, e-mail, or fax. If disagreements remain, the parties shall file a joint letter no

15

later than five business days after the meet and confer session, unless otherwise directed by the

16

court. Lead trial counsel for both parties must sign the letter, which shall include an attestation

17

that the parties met and conferred in person or by telephone regarding all issues prior to filing the

18

letter. Going issue-by-issue, the joint letter shall describe each unresolved issue, summarize each

19

party’s position with appropriate legal authority; and provide each party’s final proposed

20

compromise before moving to the next issue. The joint letter shall not exceed ten pages without

21

leave of court. Parties are expected to plan for and cooperate in preparing the joint letter so

22

that each side has adequate time to address the arguments. In the rare instance that a joint letter

23

is not possible, each side may submit a letter not to exceed four pages, which shall include an

24

explanation of why a joint letter was not possible. The parties shall submit one exhibit to the letter

25

that only sets forth each disputed discovery request in full, followed immediately by the objections

26

and/or responses thereto. No other information shall be included in any such exhibit. No other

27

exhibits shall be submitted without prior approval by the court. The court will review the

28

submission(s) and determine whether formal briefing or proceedings are necessary. Discovery

2

1

letter briefs must be e-filed under the Civil Events category of Motions and Related Filings >

2

Motions - General > "Discovery Letter Brief".

3

In the event that a discovery hearing is ordered, the court has found that it is often efficient

4

and beneficial for counsel to appear in person. This provides the opportunity, where appropriate, to

5

engage counsel in resolving aspects of the discovery dispute while remaining available to rule on

6

any disputes that counsel are not able to resolve. For this reason, the court expects counsel to appear

7

in person. Permission for a party to attend by telephone may be granted, in the court's discretion,

8

upon written request made at least one week in advance of the hearing if the court determines that

9

good cause exists to excuse personal attendance, and that personal attendance is not needed in order
to have an effective discovery hearing. The facts establishing good cause must be set forth in the

11
For the Northern District of California

United States District Court

10

request.

12

In emergencies during discovery events (such as depositions), any party may, after

13

exhausting good faith attempts to resolve disputed issues, seek judicial intervention pursuant to Civil

14

L.R. 37-1(b) by contacting the court through the courtroom deputy. If the court is unavailable, the

15

discovery event shall proceed with objections noted for the record.

16

CHAMBERS COPIES AND PROPOSED ORDERS

17

Pursuant to Civil L.R. 5-1(e)(7) and 5-2(b), parties must lodge an extra paper copy of certain

18

filings and mark it as a copy for “Chambers.” Please three-hole punch the chambers copy and

19

submit it to the Oakland Clerk’s Office.

20

Any stipulation or proposed order submitted by an e-filing party shall be submitted by email

21

to [e-mail] as a word processing attachment on the same day the document is e-

22

filed. This address should only be used for this stated purpose unless otherwise directed by the

23

court.

24

PRIVILEGE LOGS

25

If a party withholds information that is responsive to a discovery request by claiming that it

26

is privileged or otherwise protected from discovery, that party shall promptly prepare and provide a

27

privilege log that is sufficiently detailed and informative for the opposing party to assess whether a

28

document’s designation as privileged is justified. See Fed.R.Civ.P. 26(b)(5). The privilege log shall

3

1

set forth the privilege relied upon and specify separately for each document or for each category of

2

similarly situated documents:

3

(a) the title and description of the document, including number of pages or

4

Bates-number range;

5

(b) the subject matter addressed in the document;

6

(c) the identity and position of its author(s);

7

(d) the identity and position of all addressees and recipients;

8

(e) the date the document was prepared and, if different, the date(s) on which it was

9

sent to or shared with persons other than its author(s); and
(f) the specific basis for the claim that the document is privileged or protected.

11
For the Northern District of California

United States District Court

10

Communications involving trial counsel that post-date the filing of the complaint need not be

12

placed on a privilege log. Failure to furnish this information promptly may be deemed a waiver of

13

the privilege or protection.

14
15

IT IS SO ORDERED.

16
17

Dated: December 4, 2013

18
DONNA M. RYU
United States Magistrate Judge

19
20
21
22
23
24
25
26
27
28

4