First-Citizens Bank and Trust Company v. HSBC Holdings plc et al

Filing 102

Discovery Order This order addresses issues raised in the discovery brief at ECF No. 92. There has to be an overall discovery plan that (probably) starts with party discovery and includes a plan for non-party discovery (as opposed to starting with thirty-six non-party subpoenas). There is an upcoming case-management conference on August 22, 2024, where the court intended to discuss a discovery plan. The parties can advance it by stipulation, which would allow an earlier conversation about discovery. Also, the court has finished its draft order on the pending motion and has suggested at the end of the order that the parties formulate a plan for discovery and any amendment, to be discussed at the case-management conference. After the o rder is filed (later today or tomorrow), the parties should confer about advancing the time for the initial CMC. (The court is not available the last week in July.)Also, going forward, the parties must file discovery disputes under the special docketing category "Discovery Letter Brief," which has the advantage of pushing the matter to the court's motions docket and a regular weekly update. (Beeler, Laurel) (Filed on 7/8/2024)

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Last revised November 16, 2023 1 2 3 4 5 6 United States District Court Northern District of California 7 8 UNITED STATES DISTRICT COURT 9 NORTHERN DISTRICT OF CALIFORNIA 10 San Francisco Division 11 STANDING ORDER FOR MAGISTRATE JUDGE LAUREL BEELER 12 13 Parties must comply with the procedures in the Federal Rules of Civil and Criminal Procedure, 14 the local rules, the general orders, this standing order, and the Northern District’s standing order 15 for civil cases titled “Contents of Joint Case Management Statement.” The rules are available at 16 http://www.cand.uscourts.gov. The parties’ failure to comply with the rules may be a ground for 17 monetary sanctions, dismissal, entry of judgment, or other appropriate sanctions. 18 CALENDAR DATES AND SCHEDULING 19 20 Motions are heard on Thursdays: civil motions at 9:30 a.m., criminal motions at 10:30 a.m., and 21 pretrial conferences at 1:00 p.m. Hearings are in person unless there is a ground for a 22 videoconference. Parties may stipulate to a hearing by videoconference one week before any 23 hearing. The parties may notice motions (other than discovery motions, discussed below) under the 24 local rules for any available Thursday on the court’s calendar (at http://www.cand.uscourts.gov). 25 Case-management conferences are on Thursdays: criminal cases at 10:30 a.m. in person and 26 civil cases by videoconference at 11:00 a.m. Civil case-management conferences are not recorded 27 unless a party asks or is appearing pro se. 28 Depending on its schedule, the court may reset or vacate hearings. For scheduling questions, STANDING ORDER 1 please contact courtroom deputy Elaine Kabiling at lbcrd@cand.uscourts.gov or 415-522-3140. United States District Court Northern District of California 2 3 CHAMBERS COPIES 4 If filings are voluminous, then the parties must lodge chambers copies that are double-side 5 printed and three-hole punched. They must be the electronically filed copies with the 6 PACER/ECF-generated header (case number, docket number, date, and ECF page number). 7 Exhibits must be tabbed and have a table of contents. If the paper copies are more than two inches 8 thick, then the parties must submit them in a binder. 9 In addition to paper copies, hyperlinked electronic copies should be submitted if feasible when 10 the supporting documents are lengthy. Any pinpoint citations in the briefs must link to the specific 11 page in the supporting exhibit. PDF briefs and bookmarked exhibits must be emailed to 12 lbpo@cand.uscourts.gov. If the file is too large to email, please lodge a thumb drive or share 13 access to a cloud-based hosting platform that allows court employees to download files. 14 Otherwise, the parties do not need to submit paper copies and instead can email a chambers 15 PDF copy to lbpo@cand.uscourts.gov. Parties do not need to submit electronic copies of 16 certificates of service, certificates of interested entities or persons, consents or declinations to the 17 court’s jurisdiction, stipulations that do not require a court order (see Civil Local Rule 6-1), or 18 notices of appearance or substitution of counsel. 19 CASE MANAGEMENT 20 21 22 23 1. Less-Experienced Lawyers The court encourages parties to give less-experienced lawyers an opportunity to participate in all court proceedings and to let the court know during the scheduling process. 24 25 2. Discovery 26 2.1 Privilege Logs 27 If a party withholds material as privileged, see Fed. R. Civ. P. 26(b)(5), it must produce a 28 privilege log that is sufficiently detailed for the opposing party to assess whether the assertion of STANDING ORDER 2 1 privilege is justified. The log must be produced as quickly as possible but no later than fourteen 2 days after the party’s disclosures or discovery responses are due unless the parties stipulate to, or 3 the court sets, another date. Privilege logs must contain the following: (a) the title and description 4 of the document, the number of pages, and the Bates-number range, if any; (b) the subject matter 5 or general nature of the communication (without disclosing its contents); (c) the identity and 6 position of its author; (d) the date of the communication; (e) the identity and position of the 7 recipients of the communication; (f) the location where the document was found; (g) the specific 8 basis for the assertion that the document is privileged or protected (including a brief summary of 9 any supporting facts); and (h) the steps taken to ensure the confidentiality of the communication, United States District Court Northern District of California 10 including an affirmation that no unauthorized persons received the communication. 11 2.2 Discovery Disputes 12 If parties have a discovery dispute, then counsel must confer by any means to resolve or narrow 13 their dispute. If that process does not resolve the dispute, then lead trial counsel must confer in 14 person if possible or at least by videoconference. Either party may demand a conference with one 15 week’s notice. The parties then may raise their dispute in a five-page letter brief (12-point font or 16 greater, reasonable margins, and page breaks between paragraphs). Lead trial counsel for both 17 parties must sign the letter and attest that they met and conferred in person or by videoconference. 18 The letter must discuss each dispute separately: each section must have one issue and (1) 19 describe the unresolved issue, (2) summarize each party’s position (with citations to the facts and 20 legal authority), and (3) provide each party’s final proposed compromise. The parties may submit 21 supporting declarations and documentation of up to fifteen pages. 22 23 After the parties submit their dispute, then the court will determine the next steps, including issuing a ruling, ordering more briefing, or setting a hearing. 24 For discovery disputes involving third parties (usually under Federal Rule of Civil Procedure 25 45), the parties must try to use these procedures and at least must meet and confer (if possible) in 26 person or by videoconference for any dispute. If they cannot agree to these procedures, then the 27 moving party must file a noticed motion under the local rules and include in the notice a statement 28 about its compliance with these procedures. STANDING ORDER 3 1 For emergencies during events such as depositions, the parties may contact the court under Civil 2 Local Rule 37-1(b) by calling courtroom deputy Elaine Kabiling at 415-522-3140 and sending a joint 3 email describing the dispute to lbcrd@cand.uscourts.gov and lbpo@cand.uscourts.gov. 4 5 6 7 3. Amended Pleadings If a party files an amended pleading, it must file as an attachment a blackline compare of the amended pleading against the last pleading. 8 9 United States District Court Northern District of California 10 4. Case-Management Statements The first joint case-management conference statement in a case must have the information in 11 the Northern District’s standing order titled “Contents of Joint Case Management Statement.” 12 Subsequent statements need not repeat information in earlier statements and preferably will have 13 only new information. 14 15 16 5. Summary-Judgment Motions The parties may not file separate statements of undisputed facts. See Civil Local Rule 56-2. 17 Joint statements of undisputed facts are not required but are helpful. Any joint statement must 18 include — for each undisputed fact — citations to admissible evidence. 19 IT IS SO ORDERED. 20 Dated: November 16, 2023 ______________________________________ LAUREL BEELER United States Magistrate Judge 21 22 23 24 25 26 27 28 STANDING ORDER 4

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