TransPerfect Global, Inc. et al v. MotionPoint Corporation

Filing 56

NOTICE OF REFERENCE; ORDER TO MEET AND CONFER AND FILE JOINT LETTER re 53 MOTION to Compel Defendant MotionPoint Corporation's Motion to Compel Production of Source Code in Native Format filed by MotionPoint Corporation. Signed by Judge Joseph C. Spero on 4/20/11. (klhS, COURT STAFF) (Filed on 4/20/2011)

1
2
3
4

UNITED STATES DISTRICT COURT

5

NORTHERN DISTRICT OF CALIFORNIA

6
7

TRANSPERFECT GLOBAL, INC. ET AL,

8
9

Plaintiff(s),
v.

NOTICE OF REFERENCE; ORDER TO
MEET AND CONFER AND FILE JOINT
LETTER

MOTIONPOINT CORPORATION,

11
For the Northern District of California

United States District Court

10

No. C 10-02590 CW (JCS)

Defendant(s).
___________________________________/

12
13
14

TO ALL PARTIES AND COUNSEL OF RECORD:
The above matter has been referred to Magistrate Judge Joseph C. Spero for resolution of

15

the Motion to Compel Production of Source Code in Native Forma (the “Motion”) [Docket No. 53],

16

and all future discovery matters.

17

IT IS HEREBY ORDERED that not later than ten (10) calendar days from the date of this

18

Order, lead trial counsel for Plaintiff(s) and lead trial counsel for Defendant(s) shall meet and confer

19

in person regarding the subject matter of the Motion(s) in an effort to resolve the matter(s). Within

20

one (1) week of the lead trial counsels’ meet-and-confer session, the parties shall provide a detailed

21

Joint Letter to the Court. This Joint Letter shall include a description of every issue in dispute and,

22

with respect to each such issue, a detailed summary of each party’s final substantive position and its

23

final proposed compromise on each issue.

24
25
26
27
28

LAW AND MOTION HEARING PROCEDURES
Civil law and motion is heard on Friday mornings, at 9:30 a.m., Courtroom A, 15th Floor,
United States District Court, 450 Golden Gate Avenue, San Francisco, California, 94102.
In the event a future discovery dispute arises, IT IS HEREBY ORDERED that before filing
any discovery motion before this Court, the parties must comply with the following:

1

1.

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

2

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

3

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

4

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

5

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

6

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

7

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

8

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

9

counsel for Defendant(s), etc.
2.

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

11
For the Northern District of California

United States District Court

10

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

12

exceed ten (10) pages without leave of Court, which will include the matters that

13

remain in dispute, a detailed substantive description of each side’s position on each

14

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

15

In the absence of permission from the Court, the letter may not exceed five (5) pages.

16
17
18

3.

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

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

19

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

20

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

21

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

22

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

23

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

24

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

25

obligations under this Order and under the Local Rules.

26
27
28

Regardless of whether the Court reschedules a hearing date, all opposition and reply papers
shall be timely filed according to the originally noticed hearing date, pursuant to Civil L. R. 7-3.

1
2
3
4

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

5
6
7

ELECTRONIC FILING AND COURTESY COPIES
Please refer to Civil L. R. 5-4 and General Order No. 45 for the Northern District of
California for information relating to electronic filing procedures and requirements.

8

BEFORE NOON ON THE NEXT BUSINESS DAY FOLLOWING THE ELECTRONIC

9

FILING, THE PARTIES ARE REQUIRED TO LODGE DIRECTLY WITH CHAMBERS ONE
PAPER COPY OF EACH DOCUMENT, WHICH IS TO BE DESIGNATED "JCS’S CHAMBERS'

11
For the Northern District of California

United States District Court

10

COPY."

12
13
14

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

15
16
17
18
19
20
21
22
23
24
25
26
27
28

Dated: April 20, 2011
JOSEPH C. SPERO
United States Magistrate Judge