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)

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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

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