Kornhauser v. United States of America

Filing 4

CIVIL STANDING ORDER: Case Management Conference set for 3/27/2015 01:30 PM in Courtroom F, 15th Floor, San Francisco. (slhS, COURT STAFF) (Filed on 12/23/2014)

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UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA, SAN FRANCISCO DIVISION

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CIVIL STANDING ORDER FOR

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MAGISTRATE JUDGE JACQUELINE SCOTT CORLEY

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(Revised October 1,2013)
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Parties shall comply with the procedures in the Federal Rules of Civil or Criminal
Procedure, the Northern District of California's Local Rules and General Orders, and this
standing order, all of which are available at http://www.cand.uscourts.gov. The parties' failure to

comply with any ofthe rules ororders may begrounds for monetary sanctions, dismissal, entry
ofjudgment, or other appropriate sanctions.
CALENDAR DATES

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Civil motions are heard on Thursday at 9:00 a.m. During the months when Jud^Corley
is on criminal duty, theCourt may move anyThursday 9:00 a.m. motions to Tmirsday
afternoon.

Civil case management, status, and pretrial conferences areheard on Thursdays at 1:30
p.m.

SCHEDULING

Parties should notice motions (otherthan discovery motions) pursuant to the local rules.
Parties need not reserve a hearing date, but should confirm the Court's availability at
http://www.cand.uscourts.gov. For scheduling questions, please call Judge Corley's
Courtroom Deputy, Ada Means at [phone] [e-mail].
CONSENT CASES

In civil cases that are randomly assigned to Judge Corley for all purposes, the parties
should file theirwritten consent to the assignment of a United States Magistrate Judgefor
all purposes, or theirwritten declination of consent, as soon as possible. If a party files a
dispositive motion (such as a motion to dismiss or a motion for remand), the moving
party must file the consentor declination simultaneously with the motion.
In no event shall the consent or declination be filed later than the deadlines specified in
Civil Local Rule 73-l(a)(l) and (2).
CHAMBERS COPIES AND PROPOSED ORDERS

Under Civil Local Rule 5-1 (b) parties must lodge an extra paper copy of any filing and

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mark it as a copy for "Chambers." However, theparties do not need to submit chambers
copies for stipulations, pro hac vice applications, and similar non-motion filings. Parties
only need to submit chambers copies of other documents that (1) arerelated to a pending
motion and/or discovery dispute and (2) exceed ten pages when combined. (For
example, if a motion is 8 pages and a supportive declaration is 5 pages, chambers copies
are required. However, if there is a 20-page stipulation and proposed order, no chambers
copy is required.)

All chambers copies should be double-sided (when possible), three-hole punched along
the leftsideof the page, and should bearthe ECF filing "stamp" (case number, docket
number, date, and ECF page number) along the top of the page. All exhibits shall be
clearly delineated with labels alongthe rightside. If the filing includes exhibits over
two-inches thick, theparties shall place the chambers copy in a binder. In a casesubject
to electronic filing, chambers copies must be submitted by the close of the nextcourt day
following the day the papers are filed electronically. The chambers copies shall be
marked "Chambers Copy" and submitted to the Clerk's Office, in an envelope marked
with "MagistrateJudge Corley," the case number, and "Chambers Copy."

Any stipulation or proposed order in a casesubject to e-filing should, in addition to being
e-filed, be submitted by email [e-mail] as a word processing
attachment on the same daythe document is e-filed. This email address should onlybe
used for this stated purposeunless otherwise directed by the Court.
CIVIL CASE MANAGEMENT

No later than seven (7)days before the initial casemanagement or status conference, the
parties shall file a JointCase Management Statement in full compliance with the
Northern District of California's general standing orderfor civil cases entitled
"Contents of Joint Case Management Statement," a copy of which is attached
hereto.

Parties may not continue a case management, status, or pretrial conference without
Court approval. Each partyshall be represented in person at the Case Management
Conference by counsel (or a party if in pro se), whoshall be (1) prepared to address all
of the matters referred to in the Northern District of California's general standing order
on JointCase Management Statements; and (2) have full authority to enterstipulations
and make admissions pursuant to thatorder. Permission for a partyto attend by
telephone may be granted, in the Court's discretion, upon written request made in
advance of the hearing if the Court determines that goodcause exists to excuse personal
attendance, and thatpersonal attendance is not needed in orderto havean effective
conference. The facts establishing good cause must be set forth in the request.
Due to sequestration, all hearings, case management, status and pretrial conferences are
audio recorded only; no court reporters will be provided. Parties may request a copy of
either the audio recording (on CD) or a transcription of the audio recording by following
the procedures set forth at http://cand.uscourts.gov/transcripts.

Documents filed on ECF

All exhibits to motions and/ordiscovery disputes should be separatelyfiled on ECF (For
example, if the motionis DocketNo. 30, and the declaration with 10 exhibits is Docket
No. 31, Exhibit A would be filed as Docket No. 31-1, Exhibit B would be Docket No. 312, and so on). All exhibits shall also be filed in a searchable OCR format where possible.
Motions to File Under Seal

Parties are reminded that court proceedings are presumptively public, and no document
shall be filed underseal without request for a courtorderthat is narrowly tailored to
coveronly the document, the particular portion of the document, or category of
documents for which good causeexists for filingunder seal. If a party wishes to file a
document under seal, that party shall first file an administrative motion to seal in
accordance with Local Rule 79-5 as amended October 1,2013.

The parties need not file papercopies of the administrative motion to seal with the clerk's
office. The parties only need to submit chambers copies of the administrative motion to
seal and related filings. Chambers copies should include all material — both redacted
and unredacted — so that the chambers staff does not have to re-assemble the whole brief

or declaration, although chambers copies should clearly delineate which portions are
confidential (via highlighting). Chambers copies with confidential materialswill be
handled likeall otherchambers copies of materials without special restriction, and will
typically be recycled, not shredded. If the parties wish to dispose of documents filed
under seal in some other way, they must expressly indicate as much in their sealing
motion and make arrangements to pick up the documents upon disposition of the
motion.

CIVIL DISCOVERY

Discovery disputes referredfrom a district courtjudge

Discovery disputes in casesreferred by a district courtjudge to this Magistrate Judge
must follow either procedure no. 1or procedure no. 2, set forth below, depending on the
status of the dispute at the time of the referral by the district court.

Procedure No. 1:

Motions noticed for hearing before the district court and
subsequently referred to this magistrate judge shall maintain the
original district court briefing schedule. Judge Corley will re
schedule a hearing on the motion to a date on Judge Corley's civil
law and motion calendar.

Procedure No. 2:

Discovery disputes which arise after the case has been referred to
this Magistrate Judge, or before a formal motion has been filed
before the district court, shall follow the procedure below:

The counsel for each party shall meet and confer in person, or, if
counsel are located outside the Bay Area, by telephone, to attempt

to resolve theirdispute informally. A mere exchange of letters, emails, telephone calls or facsimile transmissions does not satisfy
the meet and confer requirement.

If the parties are unable to resolve their dispute informally after a
good faith effort, including meet and confer efforts conducted
by lead counsel, theyshall prepare a joint statement of not more
than eight pages (12-point orgreater font) stating the nature and
status of the dispute and attesting to their good faith meet and
confer efforts. Issue-by-issue, thejoint letter shall describe each
unresolved issue, summarize eachparty's position with appropriate
legal authority, and provide each party's final proposed

compromise before addressing the next issue. It is preferable that
the parties file a separate letter for each dispute. Where necessary,
the parties may submit supporting declarations and documentation.
Parties are expected to plan for and cooperate in preparing the joint
letterso that each side has adequate time to address the arguments.

The parties are strongly encouraged tosubmit ajoint statement, but
in therareinstances when a joint statement is notpossible, each

side may submit a statement of not more than two pages (12-point
font or greater).

The joint statement or individual statements shall bee-filed (unless
the case is exempt fi*om e-filing requirements) and chambers

copies submitted as required herein. Whether joint or individual,
the statement must be filed under the Civil Events category of

"Motions and Related Filings > Motions - General > Discovery
Letter Brief"

Upon review of the parties' submission[s], the Court will advise
the parties of how the Court intends to proceed. The Court may
issue a ruling or schedule a telephone conference or in person
conference with the parties, and at such conference may issue

rulings, order more formal briefing, or set further hearing dates.
The Court may also order theparties to come to the courthouse to
meet and confer in good faith.

Discovery disputes incases which areassigned to Judge Corleyfor allpurposes through
consent ofthe parties

The parties shall follow procedure no. 2 above for all discovery disputes incases
assigned to Judge Corley for all purposes.

Privilege Logs

If a party withholds material as privileged, s^ Fed. R. Civ. P. 26(b)(5) and 45(d)(2)(A),
it must produce a privilege logas quickly as possible, but no later than fourteen days after
its disclosures or discovery responses are due, unless the parties stipulate to or the Court
sets another date. Privilege logs must contain the following: (a) the subject matteror
general nature of the document (without disclosing its contents); (b)the identity and
position of itsauthor; (c) the date it was communicated; (d) the identity and position of
all addressees and recipients of thecommunication; (e) thedocument's present location;
and (f) the specific privilege and a briefsummary of anysupporting facts. Failure to
ftimish this information promptly may be deemed a waiver of theprivilege or protection.
UNREPRESENTED (PRO SE) PARTIES

Parties representing themselves should visit thelink titled "Representing Yourself on the
Court's homepage, www.cand.uscourts.tiov. The link discusses the Court's "Legal Help

Center" for unrepresented parties which is located on the 15*'' floor, room 2796, ofthe
courthouse, 450 Golden Gate Avenue, San Francisco.
IT IS SO ORDERED.

JACQUELINE SCOTT CORLEY
United States Magistrate Judge

STANDING ORDER FOR ALL JUDGES
OF THE NORTHERN DISTRICT OF CALIFORNIA

CONTENTS OF JOINT CASE MANAGEMENT STATEMENT

All judges of the Northern Districtof Californiarequire identical information in Joint Case
Management Statements filed pursuant to Civil Local Rule 16-9. The parties must include
the following information in their statement which,except in unusually complex cases,
should not exceed ten pages:

1.

Turisdiction and Service: The basis for the court's subjectmatter jurisdictionover
plaintiffs claims and defendant'scounterclaims, whetherany issues existregarding
personal jurisdiction or venue, whether any parties remain to be served, and, if any
parties remain to be served, a proposed deadline for service.

2.

Facts: A brief chronology of the facts and a statement of the principal factual issues in
dispute.

3.

Legal Issues: A briefstatement, without extended legalargument, of the disputed
points of law, including reference to specific statutes and decisions.

4.

Motions: Allprior and pending motions, their current status, and any anticipated
motions.

5.

Amendment of Pleadings: The extent to which parties, claims, or defenses are
expected to be added or dismissed and a proposed deadline for amending the
pleadings.

6.

Evidence Preservation: A brief report certifying that the parties have reviewed the
Guidelines Relating to the Discovery of Electronically Stored Information ("ESI
Guidelines"), and confirming that the parties have met and conferred pursuant to
Fed. R. Civ. P. 26(f) regarding reasonable and proportionatesteps taken to preserve
evidence relevant to the issues reasonably evident in this action. See ESIGuidelines
2.01 and2.02, and Checklistfor ESI Meet and Confer.

7.

Disclosures: Whether therehas beenfull and timely compliance with the initial
disclosure requirements of Fed. R. Civ. P. 26, and a descriptionof the disclosures
made.

8.

Discovery: Discovery taken to date, ifany, the scope of anticipated discovery, any
proposed limitations or modifications of the discovery rules, a briefreport on
whether the parties have considered enteringinto a stipulated e-discovery order, a
proposed discovery plan pursuant to Fed. R. Civ. P. 26(f), and any identified
discovery disputes.

9.

Class Actions: If a class action, a proposal for how and when the class will be
certified.

10. Related Cases: Any related cases or proceedings pending before another judge of this
court, or before another court or administrative body.

11. Relief: All relief sought through complaint or counterclaim, including the amountof
any damages sought and a description of the bases on whichdamages are calculated.
In addition, any party from whom damages are sought must describe the bases on
which it contends damages should be calculated if liability is established.

12. Settlement and APR: Prospects for settlement, ADR efforts to date, and a specific
ADR plan for thecase, including compliance with ADR L.R. 3-5 and a description of
key discovery or motions necessary to position the parties to negotiate a resolution.
13. Consent to Magistrate Judge For All Purposes: Whether^ parties will consent to

have a magistrate judgeconduct allfurther proceedings including trial and entry of
judgment

Yes

No

14. Other References: Whether thecase is suitable for reference to binding arbitration, a
specialmaster, or the Judicial Panelon Multidistrict Litigation.
15. Narrowingof Issues: Issues that can be narrowed by agreementor by motion,
suggestions to expedite the presentation of evidence at trial (e.g., throughsummaries
or stipulated facts), and any request to bifurcate issues, claims, or defenses.

16. ExpeditedTrialProcedure: Whether this is the type of case that can be handled under

the Expedited Trial Procedure ofGeneral Order No. 64 Attachment A. Ifall parties
agree, they shall instead of this Statement, file an executed Agreement for Expedited
Trial and a Joint Expedited Case ManagementStatement, in accordancewith General
Order No. 64 Attachments B and D.

17. Scheduling: Proposed dates for designation ofexperts, discovery cutoff, hearing of
dispositive motions, pretrial conference and trial.

18. Trial: Whether the case will be tried to a jury or to the court and the expected length
of the trial.

19. Disclosure of Non-partv Interested Entities or Persons: Whether each party has filed
the"Certification of Interested Entities or Persons" required by Civil Local Rule 3-15.
In addition, each party must restate in the casemanagement statement the contents of
its certification by identifying any persons, firms, partnerships, corporations
(including parent corporations) or other entities known by the party to have either: (i)

a financial interest in thesubject matter incontroversy or ina party to the proceeding;
or (ii) any other kind of interestthat could be substantially affected by the outcome of
the proceeding.

20. Professional Conduct: Whether allattorneys of record for the partieshave reviewed
the Guidelines for Professional Conduct for the Northern District of California.

21. Such other matters as may facilitate the just, speedy and inexpensive disposition of
this matter.
Rev. Nov. 1, 2014

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