Unwired Planet, LLC v. Apple, Inc.

Filing 255

NOTICE OF REFERENCE AND ORDER RE DISCOVERY PROCEDURES. Signed by Judge Joseph C. Spero on 10/16/14. (klhS, COURT STAFF) (Filed on 10/16/2014)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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UNWIRED PLANET, LLC,

Case No. 13-cv-04134-VC (JCS)

Plaintiff.
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v.

NOTICE OF REFERENCE AND
ORDER RE DISCOVERY
PROCEDURES

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APPLE INC,
Defendant.

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 a hearing date. Regardless of whether the Court reschedules a

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

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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

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Floor, United States District Court, 450 Golden Gate Avenue, San Francisco, California.
In the event a discovery dispute arises, IT IS HEREBY ORDERED that before filing any

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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 dispute,

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

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Once those efforts have proved unsuccessful, any party may demand a meeting of lead

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trial counsel to resolve a discovery matter. Such a meeting shall occur within ten (10)

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calendar days of the demand. The locations of the meetings shall alternate. The first

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meeting shall be at a location selected by counsel for Plaintiff(s). If there are any

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future disputes, the next such meeting shall be held at a location to be determined by

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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 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.

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

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

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

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

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

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each party to attend the in-person, meet-and-confer sessions described above. The Court is not

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entering either of these matters as an Order of the Court at this time, and fully expects counsel to

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

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

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

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

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All filings of documents relating to motions referred to the undersigned shall list the civil case
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number and the district court judge’s initials followed by the designation “(JCS)”.
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 California

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for information relating to electronic filing procedures and requirements. All documents shall be

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filed in compliance with the Civil Local Rules. Documents not filed in compliance with those

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rules will not be considered by the Court.

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BEFORE NOON ON THE NEXT BUSINESS DAY FOLLOWING THE ELECTRONIC

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

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CONFORMED, PAPER COPY OF EACH DOCUMENT, WHICH IS TO BE DESIGNATED

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United States District Court
Northern District of California

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"JCS’S CHAMBERS' COPY."
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: October 16, 2014
______________________________
JOSEPH C. SPERO
United States Magistrate Judge

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