Facebook Inc. v. Tarquini

Filing 39

Notice of Reference and Order Re Discovery Procedures. Signed by Magistrate Judge Donna M. Ryu on 05/28/2014. (dmrlc1, COURT STAFF) (Filed on 5/28/2014)

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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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FACEBOOK INC,

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No. C-13-05312 VC (DMR)

Plaintiff(s),

NOTICE OF REFERENCE AND ORDER
RE DISCOVERY PROCEDURES

v.

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CHRISTOPHER PETER TARQUINI,

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Defendant(s).
___________________________________/

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TO ALL PARTIES AND COUNSEL OF RECORD:

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The above matter has been referred to Magistrate Judge Donna M. Ryu for all discovery.

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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 with any of the rules or

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orders may be a ground for sanctions.

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

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

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

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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. Going issue-by-issue, the joint letter shall describe each unresolved issue, summarize each

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party’s position with appropriate legal authority; and provide each party’s final proposed

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compromise before moving to the next issue. The joint letter shall not exceed ten pages without

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leave of court. Parties are expected to plan for and cooperate in preparing the joint letter so

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that each side has adequate time to address the arguments. In the rare instance that a joint letter
is not possible, each side may submit a letter not to exceed four pages, which shall include an

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For the Northern District of California

United States District Court

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explanation of why a joint letter was not possible. The parties shall submit one exhibit to the letter

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that only sets forth each disputed discovery request in full, followed immediately by the objections

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and/or responses thereto. No other information shall be included in any such exhibit. No other

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exhibits shall be submitted without prior approval by the court. The court will review the

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submission(s) and determine whether formal briefing or proceedings are necessary. Discovery

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letter briefs must be e-filed under the Civil Events category of Motions and Related Filings >

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Motions - General > "Discovery Letter Brief".

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In the event that a discovery hearing is ordered, the court has found that it is often efficient

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and beneficial for counsel to appear in person. This provides the opportunity, where appropriate, to

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engage counsel in resolving aspects of the discovery dispute while remaining available to rule on

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any disputes that counsel are not able to resolve. For this reason, the court expects counsel to appear

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in person. Permission for a party to attend by telephone may be granted, in the court's discretion,

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upon written request made at least one week in advance of the hearing if the court determines that

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good cause exists to excuse personal attendance, and that personal attendance is not needed in order

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to have an effective discovery hearing. The facts establishing good cause must be set forth in the

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request.

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In emergencies during discovery events (such as depositions), any party may, after
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.” Please three-hole punch the chambers copy and

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submit it to the Oakland Clerk’s Office.

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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
court.

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For the Northern District of California

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PRIVILEGE LOGS

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If a party withholds information that is responsive to a discovery request by claiming that it

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is privileged or otherwise protected from discovery, that party shall promptly prepare and provide a

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privilege log that is sufficiently detailed and informative for the opposing party to assess whether a

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document’s designation as privileged is justified. See Fed.R.Civ.P. 26(b)(5). The privilege log shall

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set forth the privilege relied upon and specify separately for each document or for each category of

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similarly situated documents:

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(a) the title and description of the document, including number of pages or

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Bates-number range;

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(b) the subject matter addressed in the document;

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

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(d) the identity and position of all addressees and recipients;

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(e) the date the document was prepared and, if different, the date(s) on which it was

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sent to or shared with persons other than its author(s); and

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(f) the specific basis for the claim that the document is privileged or protected.

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Communications involving trial counsel that post-date the filing of the complaint need not be

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placed on a privilege log. Failure to furnish this information promptly may be deemed a waiver of

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the privilege or protection.

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IT IS SO ORDERED.

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Dated: May 28, 2014

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DONNA M. RYU
United States Magistrate Judge

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For the Northern District of California

United States District Court

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