Olivarez v. Sonoma County Sherriff's Department

Filing 71

NOTICE OF REFERENCE AND ORDER RE: DISCOVERY PROCEDURES. Signed by Judge Joseph C. Spero on 9/4/15. (klhS, COURT STAFF) (Filed on 9/4/2014)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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LACEE OLIVAREZ,

Case No. 13-cv-01918-CRB (JCS)

Plaintiff.
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v.
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LAWRENCE EHM, et al.,
Defendants.

NOTICE OF REFERENCE AND
ORDER RE DISCOVERY
PROCEDURES
Re: Dkt. No. 70

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 the undersigned for all discovery matters. Please be

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advised that if a specific motion was filed before the District Court prior to this referral, the

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noticed date may no longer be in effect. All hearing dates are subject to the availability of the

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Court's calendar. Please contact the Courtroom Deputy, Karen Hom, at [phone], to

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confirm or, if necessary, reschedule the hearing date. Regardless of whether the Court

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reschedules the hearing date, all opposition and reply papers shall be timely filed according

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to the originally noticed hearing date, pursuant to Civil L. R. 7-3.

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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 Floor,

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United States District Court, 450 Golden Gate Avenue, San Francisco, California 94102.

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In the event a discovery dispute arises, IT IS HEREBY ORDERED that before 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

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

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unsuccessful. Once those efforts have proved unsuccessful, any party may demand

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a meeting of lead trial counsel to resolve a discovery matter. Such a meeting shall

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occur within ten (10) calendar days of the demand. The locations of the meetings

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shall alternate. The first meeting shall be at a location selected by counsel for

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Plaintiff(s). If there are any future disputes, the next such meeting shall be held at a

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location to be determined by 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
remain in dispute, a detailed substantive description of each side’s position on each

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United States District Court
Northern District of California

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

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issue.

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3.

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

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

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

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

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

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

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Officers of each party to attend the in-person, meet-and-confer sessions described above. The

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Court is not entering either of these matters as an Order of the Court at this time, and fully expects

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counsel to 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).

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Law and motion matters may be submitted without argument upon stipulation of the

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

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

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

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California for information relating to electronic filing procedures and requirements.
BEFORE NOON ON THE NEXT BUSINESS DAY FOLLOWING THE ELECTRONIC

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

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PAPER COPY OF EACH DOCUMENT, WHICH IS TO BE DESIGNATED "JCS'S

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CHAMBERS' COPY." All filings of documents relating to motions referred to the undersigned

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shall list the civil case number and the district court judge's initials followed by the designation

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"(JCS)".

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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: September 4, 2014
____________________________
JOSEPH C. SPERO
United States Magistrate Judge

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