U.S. Equal Employment Opportunity Commission v. 99 Cents Only Stores LLC

Filing 7

NOTICE OF REFERRAL AND ORDER RE DISCOVERY PROCEDURES. Signed by Judge Laurel Beeler on 6/24/2014. (lblc2, COURT STAFF) (Filed on 6/24/2014)

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UNITED STATES DISTRICT COURT

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Northern District of California

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San Francisco Division
U.S. EQUAL EMPLOYMENT
OPPORTUNITY COMMISSION,

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For the Northern District of California

UNITED STATES DISTRICT COURT

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Applicant,
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v.

No. C 14-80185 EMC (LB)
NOTICE OF REFERRAL AND
ORDER RE DISCOVERY
PROCEDURES

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99 CENTS ONLY STORES LLC,

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Respondent.
_____________________________________/
TO ALL PARTIES AND COUNSEL OF RECORD:

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The district court has referred Applicant U.S. Equal Employment Opportunity Commission’s

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application for an order compelling compliance with an administrative subpoena, electronically filed

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on June 18, 2014, which is a discovery matter, to United States Magistrate Judge Laurel Beeler.

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Referral Order, ECF No. 6.1 The Commission initially noticed the application for a hearing before

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Judge Chen on July 24, 2014 and filed proof of service that it served Respondent. See ECF No. 5.

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The court resets the matter for July 19, 2014, at 9:30 a.m. in Courtroom C, 15th Floor, United

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States District Court, 450 Golden Gate Avenue, San Francisco, California 94102. The court also

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directs the Commission to serve Respondent with its application and this scheduling order and to file

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proof of service. Any opposition is due on July 3, 2014, and any reply is due on July 10, 2014.

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The court also attaches its procedures for addressing discovery disputes. The court employs the
procedures with actions to enforce administrative subpoenas. The procedures require, among other

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Citations are to the Electronic Case File (“ECF”) with pin cites to the electronic page
number at the top of the document, not the pages at the bottom.
C 12-80185 EMC (LB)
NOTICE OF REFERRAL AND ORDER

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things, that if a meet-and-confer by other means does not resolve the parties’ dispute, lead counsel

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for the parties must meet and confer in person. If that procedure does not resolve the disagreement,

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the parties must file a joint letter brief instead of a formal motion. The letter brief must be filed

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under the Civil Events category of “Motions and Related Filings > Motions – General > Discovery

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Letter Brief.” If Respondent After reviewing the joint letter, the Court will evaluate whether further

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proceedings are necessary, including any further briefing or argument.
What that means is that the court will require that process. If the Commission identifies counsel,

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then—in lieu of an opposition—the parties must engage in the required meet-and-confer process and

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provide the court with an update by July 3, 2014, the due date of the opposition. Given the lack of a

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response by Respondent to date, the court leaves the matter on calendar now as a noticed motion to

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preserve for the Commission its remedy of enforcing its subpoena.

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For the Northern District of California

UNITED STATES DISTRICT COURT

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IT IS SO ORDERED.
Dated: June 24, 2014

_______________________________
LAUREL BEELER
United States Magistrate Judge

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C 12-80185 EMC (LB)
NOTICE OF REFERRAL AND ORDER

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