Rothman v. U.S. Bank National Association et al

Filing 113

Order by Magistrate Judge Donna M. Ryu denying without prejudice 106 Motion to Compel. The court VACATES the current hearing date. The parties are ordered to immediately begin a meet and confer process. If they are unable to resolve their disagreements without judicial intervention, the parties must file a joint discovery letter that complies with this order no later than December 31, 2014. (dmrlc2, COURT STAFF) (Filed on 12/17/2014)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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For the Northern District of California

United States District Court

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MARSHAL ROTHMAN,

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Plaintiff(s),

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No. C-13-03381-MMC (DMR)
NOTICE OF REFERENCE AND ORDER
RE DISCOVERY PROCEDURES

v.

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US BANK NATIONAL ASSO,

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Defendant(s).
___________________________________/

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

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Plaintiff’s motion to compel (Docket No. 106) and motion for sanctions (Docket No. 108), as well as

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all further discovery matters. See Docket No. 110. The motion to compel and motion for sanctions

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were noticed for hearing on January 16, 2015 before Judge Chesney.

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The court VACATES the current hearing date on the motions and DENIES the motions

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without prejudice. Plaintiff states that Defendant’s counsel has refused to respond to or has been

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slow in responding to Plaintiff’s efforts to meet and confer; the parties are ordered to immediately

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begin a meet and confer process. If they are unable to resolve their disagreements without judicial

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intervention, the parties must file a joint discovery letter that complies with this order. Any joint

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letter regarding the instant discovery dispute (see section below entitled "Resolution of Discovery

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Disputes") shall be filed no later than December 31, 2014. Discovery letter briefs must be e-filed

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under the Civil Events category of Motions and Related Filings > Motions - General > "Discovery

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Letter Brief."

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

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

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

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system are available at http://www.cand.uscourts.gov. Failure to comply may result in sanctions.

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

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

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For the Northern District of California

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

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United States District Court

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

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

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

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

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

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letter. The letter must also include a paragraph listing relevant case management deadlines,

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including (1) the fact and expert discovery cut-off dates; (2) the last day to hear or file dispositive

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motions; (3) claim construction or class certification briefing deadlines and hearing dates; and (4)

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pretrial conference and trial dates. Going issue-by-issue, the joint letter shall describe each

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unresolved issue, summarize each party’s position with appropriate legal authority, and provide each

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party’s final proposed compromise before moving to the next issue. The joint letter shall not exceed

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eight pages (12-point font or greater; margins no less than one inch) without leave of court. Parties

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are expected to plan for and cooperate in preparing the joint letter so that each side has

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adequate time to address the arguments. In the rare instance that a joint letter is not possible,

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each side may submit a letter not to exceed three pages, which shall include an explanation of why a

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joint letter was not possible. The parties shall submit one exhibit that sets forth each disputed

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discovery request in full, followed immediately by the objections and/or responses thereto. No other

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information shall be included in the exhibit. No other exhibits shall be submitted without prior court

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approval. The court will review the submission(s) and determine whether formal briefing or

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proceedings are necessary. Discovery letter briefs must be e-filed under the Civil Events

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category of Motions and Related Filings > Motions - General > "Discovery Letter Brief".

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The court has found that it is often efficient and beneficial for counsel to appear in person at

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discovery hearings. This provides the opportunity to engage counsel, where appropriate, in

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resolving aspects of the discovery dispute while remaining available to rule on disputes that counsel

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are not able to resolve themselves. For this reason, the court expects counsel to appear in

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person. Permission to attend by telephone may be granted upon written request made at least one

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week in advance of the hearing if the court determines that good cause exists to excuse personal
attendance, and that personal attendance is not needed in order to have an effective discovery

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For the Northern District of California

United States District Court

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hearing. The facts establishing good cause must be set forth in the request.

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

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

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

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discovery event shall proceed with objections noted for the record.

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CHAMBERS COPIES AND PROPOSED ORDERS

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

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filings and mark it as a copy for “Chambers.” All chambers copies should be three-hole punched,

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and must include tabs between exhibits.

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

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

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

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court.

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PRIVILEGE LOGS
If a party withholds responsive information by claiming that it is privileged or otherwise

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protected from discovery, that party shall promptly provide a privilege log that is sufficiently

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detailed for the opposing party to assess whether the assertion of privilege is justified. Unless the

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parties agree to alternative logging methods, the log should include: (a) the title and description of

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the document, including number of pages or Bates-number range; (b) the subject matter addressed in

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

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addressees and recipients; (e) the date the document was prepared and, if different, the date(s) on

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which it was sent to or shared with persons other than its author(s); and (f) the specific basis for the

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claim that the document is privileged or protected. Communications involving trial counsel that

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post-date the filing of the complaint need not be placed on a privilege log. Failure to promptly

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furnish a privilege log may be deemed a waiver of the privilege or protection.

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IT IS SO ORDERED.

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Dated: December 17, 2014

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For the Northern District of California

United States District Court

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DONNA M. RYU
United States Magistrate Judge

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