Holman v. Experian Information Solutions, Inc. et al
Filing
137
Notice of Reference and Order re Discovery Procedures and Pending Discovery Disputes. Motions terminated: #128 Fifth Discovery Letter Brief(Joint Report), #123 Fourth Discovery Letter BriefDiscovery Dispute Joint Report. Discovery Hearing set for 5/24/2012 11:00 AM in Courtroom 4, 3rd Floor, Oakland before Magistrate Judge Donna M. Ryu. Signed by Magistrate Judge Donna M. Ryu on 4/26/2012. (hlkS, COURT STAFF) (Filed on 4/26/2012)
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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For the Northern District of California
United States District Court
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HOLMAN, et al.,
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Plaintiffs,
v.
No. C 11-00180 CW (DMR)
NOTICE OF REFERENCE AND ORDER
RE DISCOVERY PROCEDURES AND
PENDING DISCOVERY DISPUTES
EXPERIAN INFORMATION SOLUTIONS,
INC., et al.,
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Defendants.
___________________________________/
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TO ALL PARTIES AND COUNSEL OF RECORD:
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The above matter has been referred to Magistrate Judge Donna M. Ryu for resolution of the
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parties’ joint reports on their discovery disputes (doc. nos. 117, 119, 123, 128), as well as all further
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discovery matters.
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The court DENIES the pending discovery motions without prejudice. With respect to the
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discovery dispute presented in Joint Report #2, IT IS ORDERED that Defendant must provide an
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updated privilege log, which shall be filed on the court docket, which includes information about the
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documents that are withheld as privileged or protected with sufficient detail so as to enable other
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parties and the court to assess the claim. Fed. R. Civ. P. 26(b)(5)(A). See section below entitled
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“Privilege Logs.” Defense counsel must also verify in writing that the updated privilege log is
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complete. Defendant must file the updated privilege log by no later than May 3, 2012.
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IT IS FURTHER ORDERED that lead trial counsel must meet and confer in person to
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discuss the discovery disputes raised in all four joint reports and file updated joint letters, after
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meeting and conferring, that accurately reflect any remaining disputes pursuant to this court’s
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discovery procedures. See section below entitled “Resolution of Discovery Disputes.” Any joint
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letter regarding the remaining discovery disputes shall be filed no later than May 14, 2012. Joint
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discovery letter briefs must be e-filed under the Civil Events category of Motions and Related
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Filings > Motions - General > “Discovery Letter Brief.” Any position taken in a joint letter brief
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that is not substantially justified will be subject to sanctions pursuant to Rule 37.
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A hearing on the remaining discovery disputes is set for May 24, 2012 at 11:00 a.m. at the
U.S. District Court, Courtroom 4, 1301 Clay Street, Oakland, California 94612. Parties must be
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For the Northern District of California
United States District Court
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prepared to remain at the court after the hearing, if necessary, to meet and confer on any discovery
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disputes.
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Parties shall comply with the procedures in this order, the Federal Rules of Civil Procedure,
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and the Northern District of California’s Local Rules, General Orders, and General Standing Orders.
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Local rules, general orders, general standing orders, and a summary of the general orders’ electronic
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filing requirements (including the procedures for emailing proposed orders to chambers) are
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available at http://www.cand.uscourts.gov. The parties’ failure to comply with any of the rules or
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orders may be a ground for sanctions.
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RESOLUTION OF DISCOVERY DISPUTES
In order to respond to discovery disputes in a flexible, cost-effective and efficient manner,
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the court uses the following procedure. The parties shall not file formal discovery motions. Instead,
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as required by the federal and local rules, the parties shall first meet and confer to try to resolve their
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disagreements. The meet and confer session must be in person or by telephone, and may not be
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conducted by letter, e-mail, or fax. If disagreements remain, the parties shall file a joint letter no
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later than five (5) business days after the meet and confer session. Lead trial counsel for both
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parties must sign the letter, which shall include an attestation that the parties met and conferred in
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person or by telephone regarding all issues prior to filing the letter. Going issue-by-issue, the joint
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letter shall describe each unresolved issue, summarize each party’s position with appropriate legal
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authority; and provide each party’s final proposed compromise before moving to the next issue. The
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joint letter shall not exceed ten (10) pages without leave of court. In the rare instance that a joint
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letter is not possible, each side may submit a letter not to exceed four (4) pages, which shall include
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an explanation of why a joint letter was not possible. When appropriate, the parties may submit one
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exhibit to the letter that sets forth each discovery request at issue in full, followed immediately by
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the objections and/or responses thereto. No other information shall be included in any such exhibit.
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No other exhibits shall be submitted without prior approval by the court. The court will review the
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submission(s) and determine whether formal briefing or proceedings are necessary.
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In emergencies during discovery events (such as depositions), any party may, after
exhausting good faith attempts to resolve disputed issues, seek judicial intervention pursuant to Civil
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For the Northern District of California
United States District Court
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L.R. 37-1(b) by contacting the court through the courtroom deputy. If the court is unavailable, the
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discovery event shall proceed with objections noted for the record.
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In the event that a discovery hearing is ordered, the court has found that it is often efficient
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and beneficial for the parties if counsel appear in person. This provides the opportunity, where
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appropriate, to engage counsel in resolving aspects of the discovery dispute while remaining
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available to rule on any disputes that counsel are not able to resolve. For this reason, the court
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expects counsel to appear in person. Permission for a party to attend by telephone may be granted,
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in the court's discretion, upon written request made at least two weeks in advance of the hearing if
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the court determines that good cause exists to excuse personal attendance, and that personal
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attendance is not needed in order to have an effective discovery hearing. The facts establishing good
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cause must be set forth in the request.
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CHAMBERS COPIES AND PROPOSED ORDERS
All filings relating to a discovery dispute referred to Magistrate Judge Ryu shall list the civil
case number and the district court judge’s initials followed by the designation “(DMR).”
Under Civil L.R. 5-1(b), parties must lodge an extra paper copy of any filing and mark it as a
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copy for “Chambers.” Please three-hole punch the chambers copy and submit it to the Oakland
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Clerk’s Office. In a case subject to electronic filing, chambers copies must be submitted by the
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close of the next court day following the day the papers are filed electronically. Any proposed
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stipulation or proposed order in a case subject to electronic filing shall be submitted by email to
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dmrpo@cand.uscourts.gov as a word processing format attachment on the same day that the
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document is e-filed. This address should only be used for this stated purpose unless otherwise
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directed by the court.
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PRIVILEGE LOGS
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If a party withholds information that is responsive to a discovery request by claiming that it
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is privileged or otherwise protected from discovery, that party shall promptly prepare and provide a
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privilege log that is sufficiently detailed and informative for the opposing part(ies) to assess whether
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a document's designation as privileged is justified. See Fed.R.Civ.P. 26(b)(5). The privilege log
shall set forth the privilege relied upon and specify separately for each document or for each
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For the Northern District of California
United States District Court
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category of similarly situated documents:
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a.
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The title and description of the document, including number of pages or Batesnumber range;
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The subject matter addressed in the document;
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c.
The identity and position of its author(s);
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d.
The identity and position of all addressees and recipients;
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e.
The date the document was prepared and, if different, the date(s) on which it was sent
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to or shared with persons other than its author(s); and
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The specific basis for the claim that the document is privileged or protected.
Failure to furnish this information promptly may be deemed a waiver of the privilege or protection.
IT IS SO ORDERED.
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Dated: April 26, 2012
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DONNA M. RYU
United States Magistrate Judge
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