King.com Limited v. 6 Waves LLC
Filing
80
Order by Magistrate Judge Donna M. Ryu DENYING MOTION FOR ADMINISTRATIVE RELIEF 76 ; NOTICE OF REFERENCE AND ORDER RE DISCOVERY PROCEDURES. The parties are ordered to comply with the procedure ordered by Judge Chesney 78 and to file a joint letter by no later than June 25, 2014. (dmrlc2, COURT STAFF) (Filed on 6/19/2014)
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
KING.COM LIMITED,
12
No. C-13-03977-MMC (DMR)
Plaintiff(s),
13
v.
14
6 WAVES LLC,
15
ORDER DENYING MOTION FOR
ADMINISTRATIVE RELIEF [DOCKET
NO. 76]; NOTICE OF REFERENCE AND
ORDER RE DISCOVERY
PROCEDURES
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
Plaintiff’s motion for administrative relief. [Docket No. 76.] The motion is denied without
20
prejudice. The parties are ordered to comply with the procedure ordered by Judge Chesney [Docket
21
No. 78] and to file a joint letter by no later than June 25, 2014. For any future discovery disputes,
22
the parties shall comply with the procedures set forth in this order.
23
Parties shall comply with the Federal Rules of Civil Procedure and the Northern District of
24
California’s Local Rules, General Orders, and Standing Orders. Local rules, general orders,
25
standing orders, and instructions for using the Court's Electronic Case Filing system are available at
26
http://www.cand.uscourts.gov. Failure to comply with any of the rules or orders may be a ground
27
for sanctions.
28
RESOLUTION OF DISCOVERY DISPUTES
1
In order to respond to discovery disputes in a flexible, cost-effective and efficient manner,
2
the court uses the following procedure. The parties shall not file formal discovery motions. Instead,
3
as required by the federal and local rules, the parties shall first meet and confer to try to resolve their
4
disagreements. The meet and confer session must be in person or by telephone, and may not be
5
conducted by letter, e-mail, or fax. If disagreements remain, the parties shall file a joint letter no
6
later than five business days after the meet and confer session, unless otherwise directed by the
7
court. Lead trial counsel for both parties must sign the letter, which shall include an attestation
8
that the parties met and conferred in person or by telephone regarding all issues prior to filing the
9
letter. Going issue-by-issue, the joint letter shall describe each unresolved issue, summarize each
party’s position with appropriate legal authority; and provide each party’s final proposed
11
For the Northern District of California
United States District Court
10
compromise before moving to the next issue. The joint letter shall not exceed ten pages without
12
leave of court. Parties are expected to plan for and cooperate in preparing the joint letter so
13
that each side has adequate time to address the arguments. In the rare instance that a joint letter
14
is not possible, each side may submit a letter not to exceed four pages, which shall include an
15
explanation of why a joint letter was not possible. The parties shall submit one exhibit to the letter
16
that only sets forth each disputed discovery request in full, followed immediately by the objections
17
and/or responses thereto. No other information shall be included in any such exhibit. No other
18
exhibits shall be submitted without prior approval by the court. The court will review the
19
submission(s) and determine whether formal briefing or proceedings are necessary. Discovery
20
letter briefs must be e-filed under the Civil Events category of Motions and Related Filings >
21
Motions - General > "Discovery Letter Brief".
22
In the event that a discovery hearing is ordered, the court has found that it is often efficient
23
and beneficial for counsel to appear in person. This provides the opportunity, where appropriate, to
24
engage counsel in resolving aspects of the discovery dispute while remaining available to rule on
25
any disputes that counsel are not able to resolve. For this reason, the court expects counsel to appear
26
in person. Permission for a party to attend by telephone may be granted, in the court's discretion,
27
upon written request made at least one week in advance of the hearing if the court determines that
28
good cause exists to excuse personal attendance, and that personal attendance is not needed in order
2
1
to have an effective discovery hearing. The facts establishing good cause must be set forth in the
2
request.
3
In emergencies during discovery events (such as depositions), any party may, after
4
exhausting good faith attempts to resolve disputed issues, seek judicial intervention pursuant to Civil
5
L.R. 37-1(b) by contacting the court through the courtroom deputy. If the court is unavailable, the
6
discovery event shall proceed with objections noted for the record.
7
CHAMBERS COPIES AND PROPOSED ORDERS
8
Pursuant to Civil L.R. 5-1(e)(7) and 5-2(b), parties must lodge an extra paper copy of certain
9
submit it to the Oakland Clerk’s Office.
11
For the Northern District of California
United States District Court
10
filings and mark it as a copy for “Chambers.” Please three-hole punch the chambers copy and
Any stipulation or proposed order submitted by an e-filing party shall be submitted by email
12
to dmrpo@cand.uscourts.gov as a word processing attachment on the same day the document is e-
13
filed. This address should only be used for this stated purpose unless otherwise directed by the
14
court.
15
PRIVILEGE LOGS
16
If a party withholds information that is responsive to a discovery request by claiming that it
17
is privileged or otherwise protected from discovery, that party shall promptly prepare and provide a
18
privilege log that is sufficiently detailed and informative for the opposing party to assess whether a
19
document’s designation as privileged is justified. See Fed.R.Civ.P. 26(b)(5). The privilege log shall
20
set forth the privilege relied upon and specify separately for each document or for each category of
21
similarly situated documents:
22
(a) the title and description of the document, including number of pages or
23
Bates-number range;
24
(b) the subject matter addressed in the document;
25
(c) the identity and position of its author(s);
26
(d) the identity and position of all addressees and recipients;
27
(e) the date the document was prepared and, if different, the date(s) on which it was
28
sent to or shared with persons other than its author(s); and
3
1
(f) the specific basis for the claim that the document is privileged or protected.
2
Communications involving trial counsel that post-date the filing of the complaint need not be
3
placed on a privilege log. Failure to furnish this information promptly may be deemed a waiver of
4
the privilege or protection.
S
Dated: June 19, 2014
NO
9
RT
10
United States Magistrate Judge
11
For the Northern District of California
M. Ryu
ER
H
United States District Court
onna
Judge D
DONNA M. RYU
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
4
A
8
R NIA
7
DERED
O OR
IT IS S
FO
IT IS SO ORDERED.
LI
UNIT
ED
6
RT
U
O
5
S DISTRICT
TE
C
TA
N
D IS T IC T
R
OF
C
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?