In re Subpoena Issued to Brigitte A. Meikle

Filing 8

NOTICE OF REFERENCE; ORDER TO MEET AND CONFER AND FILE JOINT LETTER re 2 MOTION for Sanctions filed by Brigitte A. Meikle, 1 MOTION to Quash filed by Brigitte A. Meikle. Signed by Judge Joseph C. Spero on 2/25/14. (klhS, COURT STAFF) (Filed on 2/25/2014)

1
2
3
4

UNITED STATES DISTRICT COURT

5

NORTHERN DISTRICT OF CALIFORNIA

6
7

IN RE SUBPOENA ISSUED TO BRIGITTE
A. MEIKLE

Case No. 14-mc-80058-EMC (JCS)

8
9
10

NOTICE OF REFERENCE;ORDER TO
MEET AND CONFER AND FILE JOINT
LETTER
Re: Dkt. Nos. 1, 2

United States District Court
Northern District of California

11
12
13

TO ALL PARTIES AND COUNSEL OF RECORD:

14

The above matter has been referred to Magistrate Judge Joseph C. Spero for all discovery

15

matters including Non-Party Meikle’s Motion to Quash Subpoena [dkt nos. 1,2] (the “Motion”).

16

IT IS HEREBY ORDERED that not later than ten (10) calendar days from the date of this

17

Order, lead counsel for Non-Party Meikle and lead trial counsel for Defendant Miller

18

Environmental, Inc., shall meet and confer in person, in San Francisco, regarding the subject

19

matter of the Motion in an effort to resolve the matter. Within ten (10) calendar days of the lead

20

trial counsels’ meet-and-confer session, the parties shall provide a detailed five (5) page Joint

21

Letter to the Court. This Joint Letter shall include a description of every issue in dispute and, with

22

respect to each such issue, a detailed summary of each party’s final substantive position and its

23

final proposed compromise on each issue. After the Court has received the joint letter, the Court

24

will determine what future proceedings, if any, are necessary.

25
26
27
28

LAW AND MOTION HEARING PROCEDURES
Civil law and motion is heard on Friday mornings, at 9:30 a.m., in Courtroom G, 15th
Floor, United States District Court, 450 Golden Gate Avenue, San Francisco, California 94102.
In the event a future discovery dispute arises, IT IS HEREBY ORDERED that before

1
2

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

3

matter(s) at issue. This meeting shall occur after other efforts to resolve the dispute,

4

such as telephone, e-mail, teleconference, or correspondence, have been unsuccessful.

5

Once those efforts have proved unsuccessful, any party may demand a meeting of lead

6

trial counsel to resolve a discovery matter. Such a meeting shall occur within ten (10)

7

calendar days of the demand. The locations of the meetings shall alternate. The first

8

meeting shall be at a location selected by counsel for Plaintiff(s). If there are any

9

future disputes, the next such meeting shall be held at a location to be determined by
counsel for Defendant(s), etc.

10

United States District Court
Northern District of California

11

2.

Within five (5) calendar days of the in-person meeting between lead trial counsel

12

referred to above, the parties shall jointly file a detailed letter with the Court, not to

13

exceed five (5) pages without leave of Court, which will include the matters that

14

remain in dispute, a detailed substantive description of each side’s position on each

15

such issue, and a description of each side’s proposed compromise on each such issue.

16
17

3.

After the Court has received the joint letter, the Court will determine what future
proceedings, if any, are necessary.

18

In the event that the parties continue to be unable to resolve the matters regarding the timing

19

and scope of discovery, the Court will consider what future actions are necessary. These actions

20

may include the following: (1) sanctions against a party failing to cooperate in the discovery

21

process and meet and confer in good faith, as required by this Order, the Federal Rules of Civil

22

Procedure, and the Local Rules of this Court; and/or (2) requiring the Chief Executive Officers of

23

each party to attend the in-person, meet-and-confer sessions described above. The Court is not

24

entering either of these matters as an Order of the Court at this time, and fully expects counsel to

25

meet their obligations under this Order and under the Local Rules.

26
27
28

A party or counsel has a continuing duty to supplement the initial disclosure when required
under Fed. R. Civ. P. 26(e)(1).
Law and motion matters may be submitted without argument upon stipulation of the parties
2

1

and notification of the Court no later than 4:30 p.m. the day before the hearing. Pursuant to Civil

2

L. R. 7-7(e), filed motions may be withdrawn without leave of the Court, within seven (7) days of

3

the date for service of the opposition. Thereafter, leave of the Court must be sought.

4
5

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)”.

6

ELECTRONIC FILING AND COURTESY COPIES

7

Please refer to Civil L. R. 5-4 and General Order No. 45 for the Northern District of

8

California for information relating to electronic filing procedures and requirements. All

9

documents shall be filed in compliance with the Civil Local Rules. Documents not filed in

10

compliance with those rules will not be considered by the Court.

United States District Court
Northern District of California

11

BEFORE NOON ON THE NEXT BUSINESS DAY FOLLOWING THE ELECTRONIC

12

FILING, THE PARTIES ARE REQUIRED TO LODGE DIRECTLY WITH CHAMBERS ONE

13

CONFORMED, PAPER COPY OF EACH DOCUMENT, WHICH IS TO BE DESIGNATED

14

"JCS’S CHAMBERS' COPY."

15
16
17
18
19
20

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: February 25, 2014
_____________________________
JOSEPH C. SPERO
United States Magistrate Judge

21

22
23
24
25
26
27
28
3