Illinois Union Insurance Company v. Intuitive Surgical, Inc.

Filing 78

NOTICE OF REFERENCE; ORDER TO MEET AND CONFER AND FILE JOINT LETTER re 76 Letter Brief filed by Ironshore Specialty Insurance Company. Signed by Chief Magistrate Judge Joseph C. Spero on 8/12/15. (klhS, COURT STAFF) (Filed on 8/12/2015)

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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 ILLINOIS UNION INSURANCE COMPANY, et al., Plaintiffs. 8 INTUITIVE SURGICAL, INC., Defendant. 11 United States District Court Northern District of California NOTICE OF REFERENCE; ORDER TO MEET AND CONFER AND FILE JOINT LETTER v. 9 10 Case No. 13-cv-04863-JST (JCS) 12 13 TO ALL PARTIES AND COUNSEL OF RECORD: The above matter has been referred to Magistrate Judge Joseph C. Spero for resolution of 14 15 the Joint Letter Brief to Compel Discovery Responses from Cross-Claim Plaintiff Intuitive 16 Surgical [Docket No. 76], and all future discovery matters. IT IS HEREBY FURTHER ORDERED that lead trial counsel for both parties shall meet 17 18 and confer in person in Courtroom G no later than August 21, 2015. Counsel shall contact the 19 undersigned’s Courtroom Deputy, Karen Hom, at (415) 522-2035 to arrange a date and time for 20 the meet-and-confer session. In the event that counsel are unable to resolve the matters at issue in the Motion, lead trial 21 22 counsel shall provide a detailed Joint Letter to the Court within five (5) calendar days of their 23 meet-and-confer session. This Joint Letter, not to exceed ten (10) pages without leave of Court, 24 shall include a description of every issue in dispute and, with respect to each such issue, a detailed 25 summary of each party’s final substantive position and its final proposed compromise on each 26 issue. 27 28 LAW AND MOTION HEARING PROCEDURES 1 2 3 4 5 6 Civil law and motion is heard on Friday mornings, at 9:30 a.m., Courtroom G, 15th Floor, United States District Court, 450 Golden Gate Avenue, San Francisco, California, 94102. 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: 1. Lead trial counsel for both parties must meet and confer in person regarding the matter(s) at issue. This meeting shall occur after other efforts to resolve the 8 dispute, such as telephone, e-mail, teleconference, or correspondence, have been 9 unsuccessful. Once those efforts have proved unsuccessful, any party may demand 10 a meeting of lead trial counsel to resolve a discovery matter. Such a meeting shall 11 United States District Court Northern District of California 7 occur within ten (10) calendar days of the demand. The locations of the meetings 12 shall alternate. The first meeting shall be at a location selected by counsel for 13 Plaintiff(s). If there are any future disputes, the next such meeting shall be held at a 14 location to be determined by counsel for Defendant(s), etc. 15 2. Within five (5) calendar days of the in-person meeting between lead trial counsel 16 referred to above, the parties shall jointly file a detailed letter with the Court, not to 17 exceed five (5) pages without leave of Court, which will include the matters that 18 remain in dispute, a detailed substantive description of each side’s position on each 19 such issue, and a description of each side’s proposed compromise on each such issue. In the absence of permission from the Court, the letter may not exceed five 20 (5) pages. 21 22 23 24 25 26 27 28 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 timing and scope of discovery, the Court will consider what future actions are necessary. These actions may include the following: (1) sanctions against a party failing to cooperate in the discovery process and meet and confer in good faith, as required by this Order, the Federal Rules of Civil Procedure, and the Local Rules of this Court; and/or (2) requiring the Chief Executive 2 1 Officers of each party to attend the in-person, meet-and-confer sessions described above. The 2 Court is not entering either of these matters as an Order of the Court at this time, and fully expects 3 counsel to meet their obligations under this Order and under the Local Rules. 4 5 6 7 8 9 Regardless of whether the Court reschedules a hearing date, all opposition and reply papers shall be timely filed according to the originally noticed hearing date, pursuant to Civil L. R. 7-3. A party or counsel has a continuing duty to supplement the initial disclosure when required under Fed. R. Civ. P. 26(e)(1). All filings of documents relating to motions referred to the undersigned shall list the civil case number and the district court judge’s initials followed by the designation “(JCS)”. ELECTRONIC FILING AND COURTESY COPIES 11 United States District Court Northern District of California 10 Please refer to Civil L. R. 5-4 and General Order No. 45 for the Northern District of 12 California for information relating to electronic filing procedures and requirements. 13 BEFORE NOON ON THE NEXT BUSINESS DAY FOLLOWING THE ELECTRONIC 14 FILING, THE PARTIES ARE REQUIRED TO LODGE DIRECTLY WITH CHAMBERS ONE 15 PAPER COPY OF EACH DOCUMENT, WHICH IS TO BE DESIGNATED "JCS’S 16 CHAMBERS' COPY." 17 18 19 20 21 22 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: August 12, 2015 ___________________________ JOSEPH C. SPERO Chief Magistrate Judge 23 24 25 26 27 28 3

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