United States Of America v. Pearl
Filing
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ORDER: Case Management Statement due by 5/1/2013. Initial Case Management Conference set for 5/8/2013 01:30 PM before Magistrate Judge Donna M. Ryu. Signed by Magistrate Judge Donna M. Ryu on 4/4/13. (Attachments: # 1 Certificate/Proof of Service, # 2 Standing Order)(igS, COURT STAFF) (Filed on 4/4/2013) Modified on 4/4/2013 (igS, COURT STAFF).
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STANDING ORDER FOR
MAGISTRATE JUDGE DONNA M. RYU
(Revised July 3, 2012)
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Parties shall comply with the procedures in the Federal Rules of Civil (or Criminal)
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Procedure, the Northern District of California’s Local Rules and General Orders, and this standing
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order, all of which are available at http://www.cand.uscourts.gov. Failure to comply with any of the
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rules or orders may be grounds for monetary sanctions, dismissal, entry of judgment, or other
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appropriate sanctions.
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CALENDAR DATES AND SCHEDULING
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or during the regular criminal calendar when Judge Ryu is on criminal calendar duty. Civil motions
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are heard on the second and fourth Thursdays of the month at 11:00 a.m. Civil case management
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conferences are heard on Wednesdays at 1:30 p.m. Civil pretrial conferences are heard on
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Wednesdays at 3:00 p.m.
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Parties need not reserve a hearing date, but should confirm the court’s availability at
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http://www.cand.uscourts.gov. The court may reset hearing dates as the court’s calendar requires.
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637-3639.
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Criminal motions are heard on the second and fourth Thursdays of the month at 11:00 a.m.,
Parties must notice motions (other than discovery motions) pursuant to the local rules.
For scheduling questions, please call Judge Ryu’s courtroom deputy, Ivy Garcia, at (510)
CONSENT CASES
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a written consent to the assignment of a United States Magistrate Judge for all purposes, or written
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declination of consent, as soon as possible. If a party files a dispositive motion (such as a motion to
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dismiss or a motion for remand), the moving party must file the consent or declination
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simultaneously with the motion. In no event shall the consent or declination be filed later than the
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deadlines specified in Civil L.R. 73-1(a)(1) and (2).
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In civil cases that are randomly assigned to Judge Ryu for all purposes, each party should file
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CHAMBERS COPIES AND PROPOSED ORDERS
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filings and mark it as a copy for “Chambers.” Please three-hole punch the chambers copy and
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submit it to the Oakland Clerk’s Office.
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to dmrpo@cand.uscourts.gov as a word processing attachment on the same day the document is e-
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filed. This address should only be used for this stated purpose unless otherwise directed by the
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court.
Pursuant to Civil L.R. 5-1(e)(7) and 5-2(b), parties must lodge an extra paper copy of certain
Any stipulation or proposed order submitted by an e-filing party shall be submitted by email
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CIVIL CASE MANAGEMENT
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shall file a Joint Case Management Statement in full compliance with the Court's Standing Order for
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All Judges of the Northern District of California governing “Contents of Joint Case Management
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Statement,” available on the Court’s website.
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approval. Each party shall be represented in person at the Case Management Conference by lead
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trial counsel (or a party if in pro se), who shall be (1) prepared to address all of the matters referred
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to in the Northern District of California’s standing order on Joint Case Management Statements; and
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(2) have full authority to enter stipulations and make admissions pursuant to that order. Permission
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for a party to attend by telephone may be granted, in the court's discretion, upon written request
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made at least one week in advance of the hearing if the court determines that good cause exists to
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excuse personal attendance, and that personal attendance is not needed in order to have an effective
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conference. The facts establishing good cause must be set forth in the request.
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reporter unless counsel requests a court reporter in advance.
No later than seven days before the initial case management or status conference, the parties
Parties may not stipulate to continue a case management or pretrial conference without court
All case management conferences are audio recorded. They are not reported by a court
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CIVIL DISCOVERY
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Discovery Disputes
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the court uses the following procedure. The parties shall not file formal discovery motions. Instead,
In order to respond to discovery disputes in a flexible, cost-effective and efficient manner,
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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 business days after the meet and confer session, unless otherwise directed by the
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court. Lead trial counsel for both parties must sign the letter, which shall include an attestation
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that the parties met and conferred in person or by telephone regarding all issues prior to filing the
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letter. Going issue-by-issue, the joint letter shall describe each unresolved issue, summarize each
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party’s position with appropriate legal authority; and provide each party’s final proposed
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compromise before moving to the next issue. The joint letter shall not exceed ten pages without
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leave of court. Parties are expected to plan for and cooperate in preparing the joint letter so
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that each side has adequate time to address the arguments. In the rare instance that a joint letter
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is not possible, each side may submit a letter not to exceed four pages, which shall include an
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explanation of why a joint letter was not possible. The parties shall submit one exhibit to the letter
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that only sets forth each disputed discovery request in full, followed immediately by the objections
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and/or responses thereto. No other information shall be included in any such exhibit. No other
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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. Discovery
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letter briefs must be e-filed under the Civil Events category of Motions and Related Filings >
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Motions - General > "Discovery Letter Brief".
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and beneficial for counsel to appear in person. This provides the opportunity, where appropriate, to
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engage counsel in resolving aspects of the discovery dispute while remaining available to rule on
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any disputes that counsel are not able to resolve. For this reason, the court expects counsel to appear
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in person. Permission for a party to attend by telephone may be granted, in the court's discretion,
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upon written request made at least one week in advance of the hearing if the court determines that
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good cause exists to excuse personal attendance, and that personal attendance is not needed in order
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to have an effective discovery hearing. The facts establishing good cause must be set forth in the
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request.
In the event that a discovery hearing is ordered, the court has found that it is often efficient
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good faith attempts to resolve disputed issues, seek judicial intervention pursuant to Civil L.R. 37-
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1(b) by contacting the court through the courtroom deputy. If the court is unavailable, the discovery
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event shall proceed with objections noted for the record.
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Privilege Logs
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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 party to assess whether a
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document’s designation as privileged is justified. See Fed.R.Civ.P. 26(b)(5). The privilege log shall
In emergencies during discovery events (such as depositions), any party may, after exhausting
If a party withholds information that is responsive to a discovery request by claiming that it is
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set forth the privilege relied upon and specify separately for each document or for each category of
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similarly situated documents:
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(a) the title and description of the document, including number of pages or Bates-number
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range;
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(b) 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 to
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or shared with persons other than its author(s); and
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(f) the specific basis for the claim that the document is privileged or protected.
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Communications involving trial counsel that post-date the filing of the complaint need not be placed
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on a privilege log. Failure to furnish this information promptly may be deemed a waiver of the
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privilege or protection.
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SUMMARY JUDGMENT
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facts not in dispute by citations to admissible evidence. If the parties are unable to reach complete
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agreement after meeting and conferring, they shall file a joint statement of the undisputed facts
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about which they do agree. Separate statements of undisputed facts shall not be filed and will not be
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considered by the court.
Motions for summary judgment shall be accompanied by a joint statement of the material
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UNREPRESENTED (PRO SE) PARTIES
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Lawyer” on the Court’s homepage, www.cand.uscourts.gov. The link discusses the Court’s “Legal
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Help Center” for unrepresented parties which is located on the 15th floor, room 2796, of the United
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States Courthouse, 450 Golden Gate Avenue, San Francisco.
Parties representing themselves should visit the Quick Link titled “If You Don’t Have a
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IT IS SO ORDERED.
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______________________________
DONNA M. RYU
United States Magistrate Judge
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