Helton et al v. Factor 5, Inc. et al

Filing 53

NOTICE OF REFERENCE; ORDER TO MEET AND CONFER AND FILE JOINT LETTER. IT IS HEREBY ORDERED that lead trial counsel for both parties shall meet and confer in person in Courtroom G no later than December 16, 2011. Signed by Judge Joseph C.Spero on 12/1/11. (klhS, COURT STAFF) (Filed on 12/1/2011)

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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 No. C-10-04927 SBA (JCS) JESSE HELTON, 8 Plaintiff(s), NOTICE OF REFERENCE; ORDER TO MEET AND CONFER AND FILE JOINT LETTER FACTOR 5, INC., 11 For the Northern District of California v. 10 United States District Court 9 Defendant(s). ___________________________________/ 12 13 14 15 16 TO ALL PARTIES AND COUNSEL OF RECORD: The above matter has been referred to Magistrate Judge Joseph C. Spero for resolution of Plaintiffs' Motion for Discovery Sanctions [Docket No. 48]], and all future discovery matters. It appears that counsel have not made adequate efforts resolve this matter without the need 17 for Court intervention. IT IS HEREBY ORDERED that lead trial counsel for both parties shall meet 18 and confer in person in Courtroom G no later than December 16, 2011. Counsel shall contact the 19 undersigned’s Courtroom Deputy, Karen Hom, at (415) 522-2035 to arrange a date and time for the 20 meet-and-confer session. 21 In the event that counsel are unable to resolve the matters at issue in the Motion, lead trial 22 counsel shall provide a detailed Joint Letter to the Court within five (5) calendar days of their meet- 23 and-confer session. This Joint Letter, not to exceed ten (10) pages without leave of Court, shall 24 include a description of every issue in dispute and, with respect to each such issue, a detailed 25 summary of each party’s final substantive position and its final proposed compromise on each issue. 26 LAW AND MOTION HEARING PROCEDURES 27 28 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 94102. 1 2 3 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. Lead trial counsel for both parties must meet and confer in person regarding the such as telephone, e-mail, teleconference, or correspondence, have been unsuccessful. 6 Once those efforts have proved unsuccessful, any party may demand a meeting of 7 lead trial counsel to resolve a discovery matter. Such a meeting shall occur within ten 8 (10) calendar days of the demand. The locations of the meetings shall alternate. The 9 first meeting shall be at a location selected by counsel for Plaintiff(s). If there are any 10 future disputes, the next such meeting shall be held at a location to be determined by 11 For the Northern District of California matter(s) at issue. This meeting shall occur after other efforts to resolve the dispute, 5 United States District Court 4 counsel for Defendant(s), etc. 12 2. Within five (5) calendar days of the in-person meeting between lead trial counsel 13 referred to above, the parties shall jointly file a detailed letter with the Court, not to 14 exceed ten (10) pages without leave of Court, which will include the matters that 15 remain in dispute, a detailed substantive description of each side’s position on each 16 such issue, and a description of each side’s proposed compromise on each such issue. 17 18 19 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 20 and scope of discovery, the Court will consider what future actions are necessary. These actions 21 may include the following: (1) sanctions against a party failing to cooperate in the discovery process 22 and meet and confer in good faith, as required by this Order, the Federal Rules of Civil Procedure, 23 and the Local Rules of this Court; and/or (2) requiring the Chief Executive Officers of each party to 24 attend the in-person, meet-and-confer sessions described above. The Court is not entering either of 25 these matters as an Order of the Court at this time, and fully expects counsel to meet their 26 obligations under this Order and under the Local Rules. 27 28 A party or counsel has a continuing duty to supplement the initial disclosure when required under Fed. R. Civ. P. 26(e)(1). 2 1 Law and motion matters may be submitted without argument upon stipulation of the parties 2 and notification of the Court no later than 4:30 p.m. the day before the hearing. Pursuant to Civil L. 3 R. 7-7(e), filed motions may be withdrawn without leave of the Court, within seven (7) days of the 4 date for service of the opposition. Thereafter, leave of the Court must be sought. 5 6 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)”. 7 ELECTRONIC FILING AND COURTESY COPIES 8 Please refer to Civil L. R. 5-4 and General Order No. 45 for the Northern District of 9 California for information relating to electronic filing procedures and requirements. All documents shall be filed in compliance with the Civil Local Rules. Documents not filed in compliance with 11 For the Northern District of California United States District Court 10 those rules will not be considered by the Court. 12 BEFORE NOON ON THE NEXT BUSINESS DAY FOLLOWING THE ELECTRONIC 13 FILING, THE PARTIES ARE REQUIRED TO LODGE DIRECTLY WITH CHAMBERS ONE 14 CONFORMED, PAPER COPY OF EACH DOCUMENT, WHICH IS TO BE DESIGNATED 15 "JCS’S CHAMBERS' COPY." 16 17 18 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. 19 20 Dated: December 1, 2011 21 22 23 JOSEPH C. SPERO United States Magistrate Judge 24 25 26 27 28 3

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