Gallagher et al v. Bayer AG et al

Filing 87

ORDER REQUIRING MEET AND CONFER SESSIONS CONCERNING DISCOVERY DISPUTE. Signed by Judge William H. Orrick on 11/30/2015. Lead trial counsel shall file a Joint Report on December 7, 2015 by 2 pm. If all the problems have not been resolved, lead tri al counsel shall meet in person from 9:30 am to 12:30 pm in the Attorney's Lounge on the 18th floor of this courthouse on December 8, 2015 to attempt to narrow the issues further. I will then hear argument on any unresolved matters at the end of the Case Management Conference calendar that commences at 2 pm December 8, 2015. (jmdS, COURT STAFF) (Filed on 11/30/2015)

1
2
3
4

UNITED STATES DISTRICT COURT

5

NORTHERN DISTRICT OF CALIFORNIA

6
7

COLLEEN GALLAGHER, et al.,

Case No. 14-cv-04601-WHO

Plaintiffs,
8
v.
9
10

BAYER AG, et al.,
Defendants.

ORDER REQUIRING MEET AND
CONFER SESSIONS CONCERNING
DISCOVERY DISPUTE
Re: Dkt. Nos. 85, 86

United States District Court
Northern District of California

11
12
13

It is always disheartening when lawyers cannot muster the civility and cooperation

14

necessary to produce a joint letter describing their disagreements. That is such a low bar. But

15

since it appears too high in this case, I ORDER that:

16

1. Lead trial counsel meet and confer this week in good faith for no less than three hours

17

concerning their discovery disputes. I normally require a face to face meeting, because it

18

is harder to be discourteous and unengaged in person, but given the timing I am requiring I

19

will allow this session to occur over the telephone.

20

2. Lead trial counsel shall file a Joint Report on December 7, 2015 by 2 pm.

21

3. If all the problems have not been resolved, lead trial counsel shall meet in person from

22

9:30 am to 12:30 pm in the Attorney’s Lounge on the 18th floor of this courthouse on

23

December 8, 2015 to attempt to narrow the issues further.

24

I will then hear argument on any unresolved matters at the end of the Case Management

25

Conference calendar that commences at 2 pm December 8, 2015.

26

In an effort to assist the meet and confer sessions, I will offer some preliminary

27

observations. It appears that many of plaintiffs’ requests are relevant but overbroad. It is

28

impossible to tell from the responses how the defendants’ objections impacted their actual

1

production of documents. I encourage both sides to be reasonable and clear in their discussions so

2

that the relevant, material documents are produced and the issues of legitimate disagreement, if

3

any, are clarified. The defendants have also raised in their statement to me plaintiffs’ failure to

4

respond to discovery. While this is an issue that has not been addressed jointly yet, I expect the

5

parties to address it in the meet and confer sessions and to describe any lingering issues in the

6

Joint Report on December 7, 2015.

7
8
9
10

IT IS SO ORDERED.
Dated: November 30, 2015
______________________________________
WILLIAM H. ORRICK
United States District Judge

United States District Court
Northern District of California

11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2