Doublevision Entertainment, LLC v. Navigators Specialty Insurance Company et al

Filing 258

REPORT AND RECOMMENDATION re 61 Referral to Magistrate Judge for Discovery. Objections due by 8/7/2015. Signed by Judge Joseph C. Spero on July 24, 2015 (jcslc1, COURT STAFF) (Filed on 7/24/2015)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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DOUBLEVISION ENTERTAINMENT,
LLC,
Plaintiff,

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Case No. 14-cv-02848-WHA (JCS)
REPORT & RECOMMENDATION

v.

Re: Dkt. No. 61
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NAVIGATORS SPECIALTY INSURANCE
COMPANY, et al.,

United States District Court
Northern District of California

Defendants.
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On March 16, 2015, Judge Alsup referred this case to the undersigned to hold an

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evidentiary hearing about an incident that occurred during a meet and confer in the Judge’s jury

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room that day between attorneys Ryan Lapine and David Gabianelli. The referral required that the

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court make a recommendation as to whether either of the individuals involved should be referred

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to the Northern District of California’s Standing Committee on Professional Conduct for

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disciplinary or remedial action. See Docket No. 61. Civil Local Rule 11-6(a) provides that “[i]n

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the event that a Judge has cause to believe that an attorney has engaged in unprofessional conduct,

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the Judge may, in addition to any action authorized by applicable law . . . [r]efer the matter to the

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Court’s Standing Committee on Professional Conduct.” In the time since the referral, much has

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occurred. The parties completed discovery and have now completed the trial in the matter. The

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record indicates that although counsel engaged in a heated exchange during a meet-and-confer on

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March 16, 2015, they acted responsibly during the subsequent trial proceedings. Therefore, the

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undersigned finds that no evidentiary hearing or referral to the Standing Committee is warranted

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and recommends that the Court vacate the referral on this matter.

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Dated: July 24, 2015
______________________________________
JOSEPH C. SPERO
Chief Magistrate Judge

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United States District Court
Northern District of California

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