Pooshs v. Phillip Morris USA, Inc., et al.

Filing 160

NOTICE OF REFERENCE AND ORDER RE DISCOVERY PROCEDURES; Signed by Judge Joseph C. Spero on 9/13/2011. (awb, COURT STAFF) (Filed on 9/13/2011)

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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 No. C 04-01221 PJH (JCS) NIKKI POOSHS, 8 Plaintiff(s), 9 NOTICE OF REFERENCE AND ORDER RE DISCOVERY PROCEDURES v. PHILLIP MORRIS USA, INC et al, 11 For the Northern District of California United States District Court 10 Defendant(s). ___________________________________/ 12 13 TO ALL PARTIES AND COUNSEL OF RECORD: 14 The above matter has been referred to the undersigned for all discovery matters. Please be 15 advised that if a specific motion was filed before the District Court prior to this referral, the 16 noticed date may no longer be in effect. All hearing dates are subject to the availability of the 17 Court's calendar. Please contact the Courtroom Deputy, Karen Hom, at (415) 522-2035, to confirm 18 or, if necessary, reschedule a hearing date. Regardless of whether the Court reschedules a hearing 19 date, all opposition and reply papers shall be timely filed according to the originally noticed hearing 20 date, pursuant to Civil L. R. 7-3. 21 LAW AND MOTION PROCEDURES 22 23 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. 24 25 In the event a discovery dispute arises, IT IS HEREBY ORDERED that before filing any discovery motion before this Court, the parties must comply with the following: 26 1. Lead trial counsel for both parties must meet and confer in person regarding the 27 matter(s) at issue. This meeting shall occur after other efforts to resolve the dispute, 28 such as telephone, e-mail, teleconference, or correspondence, have been unsuccessful. Disc-1 1 Once those efforts have proved unsuccessful, any party may demand a meeting of 2 lead trial counsel to resolve a discovery matter. Such a meeting shall occur within ten 3 (10) calendar days of the demand. The locations of the meetings shall alternate. The 4 first meeting shall be at a location selected by counsel for Plaintiff(s). If there are any 5 future disputes, the next such meeting shall be held at a location to be determined by 6 counsel for Defendant(s), etc. 7 2. Within five (5) calendar days of the in-person meeting between lead trial counsel 8 referred to above, the parties shall jointly file a detailed letter with the Court, not to 9 exceed ten (10) pages without leave of Court, which will include the matters that remain in dispute, a detailed substantive description of each side’s position on each 11 For the Northern District of California United States District Court 10 such issue, and a description of each side’s proposed compromise on each such issue. 12 3. 13 After the Court has received the joint letter, the Court will determine what future proceedings, if any, are necessary. 14 In the event that the parties continue to be unable to resolve the matters regarding the timing 15 and scope of discovery, the Court will consider what future actions are necessary. These actions 16 may include the following: (1) sanctions against a party failing to cooperate in the discovery process 17 and meet and confer in good faith, as required by this Order, the Federal Rules of Civil Procedure, 18 and the Local Rules of this Court; and/or (2) requiring the Chief Executive Officers of each party to 19 attend the in-person, meet-and-confer sessions described above. The Court is not entering either of 20 these matters as an Order of the Court at this time, and fully expects counsel to meet their 21 obligations under this Order and under the Local Rules. 22 23 A party or counsel has a continuing duty to supplement the initial disclosure when required under Fed. R. Civ. P. 26(e)(1). 24 Law and motion matters may be submitted without argument upon stipulation of the parties 25 and notification of the Court no later than 4:30 p.m. the day before the hearing. Pursuant to Civil L. 26 R. 7-7(e), filed motions may be withdrawn without leave of the Court, within seven (7) days of the 27 date for service of the opposition. Thereafter, leave of the Court must be sought. 28 Disc-1 1 2 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)”. 3 ELECTRONIC FILING AND COURTESY COPIES 4 Please refer to Civil L. R. 5-4 and General Order No. 45 for the Northern District of 5 California for information relating to electronic filing procedures and requirements. All documents 6 shall be filed in compliance with the Civil Local Rules. Documents not filed in compliance with 7 those rules will not be considered by the Court. 8 BEFORE NOON ON THE NEXT BUSINESS DAY FOLLOWING THE ELECTRONIC 9 FILING, THE PARTIES ARE REQUIRED TO LODGE DIRECTLY WITH CHAMBERS ONE CONFORMED, PAPER COPY OF EACH DOCUMENT, WHICH IS TO BE DESIGNATED 11 For the Northern District of California United States District Court 10 "JCS’S CHAMBERS' COPY." 12 13 The failure of counsel or a party to abide by this Order may result in sanctions pursuant to Fed. R. Civ. P. 16(f). 14 IT IS SO ORDERED. 15 16 Dated: September 13, 2011 17 JOSEPH C. SPERO United States Magistrate Judge 18 19 20 21 22 23 24 25 26 27 28 Disc-1

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