v. Xilinx Inc

Filing 5

NOTICE OF REFERRAL AND ORDER RE DISCOVERY PROCEDURES. Signed by Judge Laurel Beeler on 10/3/2014. (Attachments: # 1 Standing Order)(lblc2, COURT STAFF) (Filed on 10/3/2014)

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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
SAN FRANCISCO DIVISION

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STANDING ORDER FOR
UNITED STATES MAGISTRATE JUDGE LAUREL BEELER
(Effective August 14, 2014)

local rules, the general orders, this standing order, and the Northern District’s general standing order

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for civil cases titled “Contents of Joint Case Management Statement.” These rules and a summary of

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electronic filing requirements (including the procedures for emailing proposed orders to chambers) are

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available at http://www.cand.uscourts.gov (click “Rules” or “ECF-PACER”). A failure to comply with

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any of the rules may be a ground for monetary sanctions, dismissal, entry of judgment, or other

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For the Northern District of California

Parties must comply with the procedures in the Federal Rules of Civil and Criminal Procedure, the

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United States District Court

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appropriate sanctions.

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A. CALENDAR DATES AND SCHEDULING

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1. Motions are heard on the first and third Thursdays of the month: civil motions at 9:30 a.m. and

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criminal motions at 10:30 a.m. Case management conferences are every Thursday: criminal cases at

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10:30 a.m. and civil cases at 11:00 a.m. Parties should notice motions under the local rules and need

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not reserve a hearing date in advance if the date is available on the court’s calendar (click “Calendars”

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at http://www.cand.uscourts.gov). Depending on its schedule, the court may reset or vacate hearings.

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Please call courtroom deputy Lashanda Scott at [phone] with scheduling questions.

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B. CHAMBERS COPIES

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2. Under Civil Local Rule 5-1(b), parties must lodge a paper “Chambers” copy of any filing. The

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chambers copy must have the ECF header on each page, use exhibit tabs, and be three-hole-punched and

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two-sided unless another format makes more sense (e.g., for spreadsheets, pictures, or exhibits). Parties

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need not submit copies of certificates of service, certificates of interested entities or persons, consents

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or declinations to the court’s jurisdiction, stipulations that do not require a court order (see Local Civil

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Rule 6-1), and notices of appearance or substitution of counsel. Please read Civil Local Rule 79-5

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carefully regarding the requirements for filing documents under seal and providing copies.

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C. CIVIL DISCOVERY

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3. Evidence Preservation. After a party has notice of this order, it must take the steps needed to

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preserve information relevant to the issues in this action, including suspending any document destruction

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programs (including destruction programs for electronically-maintained material).

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4. Production of Documents In Original Form. When searching for material under Federal Rule

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of Civil Procedure 26(a)(1) or after a Federal Rule of Civil Procedure 34(a) request, parties (a) must

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search all locations – electronic and otherwise – where responsive materials might plausibly exist, and

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(b) to the maximum extent feasible, produce or make available for copying and/or inspection the

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materials in their original form, sequence, and organization (including, for example, file folders).

45(d)(2)(A), it must produce a privilege log that is sufficiently detailed for the opposing party to assess

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whether the assertion of privilege is justified. The log must be produced as quickly as possible but no

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For the Northern District of California

5. Privilege Logs. If a party withholds material as privileged, see Fed. R. Civ. P. 26(b)(5) and

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later than fourteen days after its disclosures or discovery responses are due unless the parties stipulate

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to, or the court sets, another date. Unless the parties agree to a different logging method, privilege logs

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must contain the following: (a) the title and description of the document, the number of pages, and the

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Bates-number range; (b) the subject matter or general nature of the document (without disclosing its

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contents); (c) the identity and position of its author; (d) the date it was communicated (or prepared, if

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that is the more relevant date); (e) the identity and position of all addressees and recipients of the

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communication; (f) the document’s present location; (g) the specific basis for the assertion that the

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document is privileged or protection (including a brief summary of any supporting facts); and (h) the

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steps taken to ensure the confidentiality of the communication, including an affirmation that no

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unauthorized persons received the communication.

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6. Expedited Procedures for Discovery Disputes. The parties may not file formal discovery

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motions. Instead, and as required by the federal rules and local rules, the parties must meet and confer

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to try to resolve their disagreements. See Fed. R. Civ. P. 37(a)(1); Civil L. R. 37-1. Counsel may confer

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initially by email, letter, or telephone to try to narrow their disputes. After trying those means, lead trial

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counsel then must meet and confer in person to try to resolve the dispute. (If counsel are located

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outside of the Bay Area and cannot confer in person, lead counsel may meet and confer by telephone.)

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Either party may demand such a meeting with ten days' notice. If the parties cannot agree on the

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location, the location for meetings will alternate. Plaintiff's counsel will select the first location, defense

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through this procedure, lead counsel must file a joint letter brief no later than five days after lead

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counsels' in-person meet-and-confer. The letter brief must be filed under the Civil Events category of

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“Motions and Related Filings > Motions – General > Discovery Letter Brief.” It may be no more than

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six pages (12-point font or greater, margins of no less than one inch) without leave of the court. Lead

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counsel for both parties must sign the letter and attest that they met and conferred in person. Each issue

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must be set forth in a separate section that includes (1) a statement of the unresolved issue, (2) a

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summary of each parties’ position (with citations to supporting facts and legal authority), and (3) each

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party’s final proposed compromise. (This process allows a side-by-side, stand-alone analysis of each

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disputed issue.) If the disagreement concerns specific discovery that a party has propounded, such as

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counsel will select the second location, and so forth. If the parties do not resolve their disagreements

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interrogatories, requests for production of documents, or answers or objections to such discovery, the

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parties must reproduce the question/request and the response in full either in the letter or, if the page

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limits in the letter are not sufficient, in a single joint exhibit. The court then will review the letter brief

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and determine whether formal briefing or future proceedings are necessary. In emergencies during

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discovery events such as depositions, the parties may contact the court through the court’s courtroom

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deputy pursuant to Civil Local Rule 37-1(b) but first must send a short joint email describing the nature

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of the dispute to [e-mail].

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D. CONSENT CASES

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7. In cases that are assigned to Judge Beeler for all purposes, the parties must file their written

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consent or declination of consent to the assignment of a United States Magistrate Judge for all purposes

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as soon as possible. If a party files a dispositive motion (such as a motion to dismiss or a motion for

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remand), the moving party must file the consent or declination simultaneously with the motion, and the

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party opposing the motion must file the consent or declination simultaneously with the opposition.

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8. The first joint case management conference statement in a case must contain all of the

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information in the Northern District’s standing order titled “Contents of Joint Case Management

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Statement.” Subsequent statements for further case management conferences must not repeat

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information contained in an earlier statement and instead should report only progress or changes since

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the last case management conference and any new recommendations for case management.

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E. SUMMARY JUDGMENT MOTIONS

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9. The parties may not file separate statements of undisputed facts. See Civil L. R. 56-2. Joint

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statements of undisputed facts are not required but are helpful. Any joint statement must include – for

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each undisputed fact – citations to admissible evidence. A joint statement generally must be filed with

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the opening brief, and the briefs should cite to that statement. A reasonable process for drafting a joint

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statement is as follows: (1) two weeks before the filing date, the moving party proposes its undisputed

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facts, and (2) one week later, the responding party replies and the parties meet and confer about any

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disagreements. For oppositions, a responding party may propose additional undisputed facts to the

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moving party within seven days after the motion is filed and ask for a response within two business

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days.
IT IS SO ORDERED.

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_______________________________
LAUREL BEELER
United States Magistrate Judge

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STANDING ORDER

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