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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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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No. C 04-01221 PJH (JCS)

NIKKI POOSHS,

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Plaintiff(s),

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NOTICE OF REFERENCE AND ORDER
RE DISCOVERY PROCEDURES

v.
PHILLIP MORRIS USA, INC et al,

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For the Northern District of California

United States District Court

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Defendant(s).
___________________________________/

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TO ALL PARTIES AND COUNSEL OF RECORD:

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The above matter has been referred to the undersigned for all discovery matters. Please be

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advised that if a specific motion was filed before the District Court prior to this referral, the

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noticed date may no longer be in effect. All hearing dates are subject to the availability of the

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Court's calendar. Please contact the Courtroom Deputy, Karen Hom, at [phone], to confirm

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or, if necessary, reschedule a hearing date. Regardless of whether the Court reschedules a hearing

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date, all opposition and reply papers shall be timely filed according to the originally noticed hearing

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date, pursuant to Civil L. R. 7-3.

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LAW AND MOTION PROCEDURES

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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.

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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:

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1.

Lead trial counsel for both parties must meet and confer in person regarding the

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matter(s) at issue. This meeting shall occur after other efforts to resolve the dispute,

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such as telephone, e-mail, teleconference, or correspondence, have been unsuccessful.

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Once those efforts have proved unsuccessful, any party may demand a meeting of

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lead trial counsel to resolve a discovery matter. Such a meeting shall occur within ten

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(10) calendar days of the demand. The locations of the meetings shall alternate. The

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first meeting shall be at a location selected by counsel for Plaintiff(s). If there are any

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future disputes, the next such meeting shall be held at a location to be determined by

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counsel for Defendant(s), etc.

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2.

Within five (5) calendar days of the in-person meeting between lead trial counsel

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referred to above, the parties shall jointly file a detailed letter with the Court, not to

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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

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For the Northern District of California

United States District Court

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such issue, and a description of each side’s proposed compromise on each such issue.

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3.

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After the Court has received the joint letter, the Court will determine what future
proceedings, if any, are necessary.

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In the event that the parties continue to be unable to resolve the matters regarding the timing

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and scope of discovery, the Court will consider what future actions are necessary. These actions

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may include the following: (1) sanctions against a party failing to cooperate in the discovery process

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and meet and confer in good faith, as required by this Order, the Federal Rules of Civil Procedure,

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and the Local Rules of this Court; and/or (2) requiring the Chief Executive Officers of each party to

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attend the in-person, meet-and-confer sessions described above. The Court is not entering either of

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these matters as an Order of the Court at this time, and fully expects counsel to meet their

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obligations under this Order and under the Local Rules.

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A party or counsel has a continuing duty to supplement the initial disclosure when required
under Fed. R. Civ. P. 26(e)(1).

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Law and motion matters may be submitted without argument upon stipulation of the parties

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and notification of the Court no later than 4:30 p.m. the day before the hearing. Pursuant to Civil L.

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R. 7-7(e), filed motions may be withdrawn without leave of the Court, within seven (7) days of the

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date for service of the opposition. Thereafter, leave of the Court must be sought.

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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)”.

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ELECTRONIC FILING AND COURTESY COPIES

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Please refer to Civil L. R. 5-4 and General Order No. 45 for the Northern District of

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California for information relating to electronic filing procedures and requirements. All documents

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shall be filed in compliance with the Civil Local Rules. Documents not filed in compliance with

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those rules will not be considered by the Court.

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BEFORE NOON ON THE NEXT BUSINESS DAY FOLLOWING THE ELECTRONIC

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FILING, THE PARTIES ARE REQUIRED TO LODGE DIRECTLY WITH CHAMBERS ONE
CONFORMED, PAPER COPY OF EACH DOCUMENT, WHICH IS TO BE DESIGNATED

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For the Northern District of California

United States District Court

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"JCS’S CHAMBERS' COPY."

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The failure of counsel or a party to abide by this Order may result in sanctions pursuant to
Fed. R. Civ. P. 16(f).

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IT IS SO ORDERED.

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Dated: September 13, 2011

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JOSEPH C. SPERO
United States Magistrate Judge

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