United States Of America v. Pearl

Filing 38

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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1 2 STANDING ORDER FOR MAGISTRATE JUDGE DONNA M. RYU (Revised July 3, 2012) 3 4 Parties shall comply with the procedures in the Federal Rules of Civil (or Criminal) 5 Procedure, the Northern District of California’s Local Rules and General Orders, and this standing 6 order, all of which are available at http://www.cand.uscourts.gov. Failure to comply with any of the 7 rules or orders may be grounds for monetary sanctions, dismissal, entry of judgment, or other 8 appropriate sanctions. 9 CALENDAR DATES AND SCHEDULING 10 1. 11 or during the regular criminal calendar when Judge Ryu is on criminal calendar duty. Civil motions 12 are heard on the second and fourth Thursdays of the month at 11:00 a.m. Civil case management 13 conferences are heard on Wednesdays at 1:30 p.m. Civil pretrial conferences are heard on 14 Wednesdays at 3:00 p.m. 15 2. 16 Parties need not reserve a hearing date, but should confirm the court’s availability at 17 http://www.cand.uscourts.gov. The court may reset hearing dates as the court’s calendar requires. 18 3. 19 637-3639. 20 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 21 4. 22 a written consent to the assignment of a United States Magistrate Judge for all purposes, or written 23 declination of consent, as soon as possible. If a party files a dispositive motion (such as a motion to 24 dismiss or a motion for remand), the moving party must file the consent or declination 25 simultaneously with the motion. In no event shall the consent or declination be filed later than the 26 deadlines specified in Civil L.R. 73-1(a)(1) and (2). 27 /// 28 /// In civil cases that are randomly assigned to Judge Ryu for all purposes, each party should file 1 CHAMBERS COPIES AND PROPOSED ORDERS 2 5. 3 filings and mark it as a copy for “Chambers.” Please three-hole punch the chambers copy and 4 submit it to the Oakland Clerk’s Office. 5 6. 6 to dmrpo@cand.uscourts.gov as a word processing attachment on the same day the document is e- 7 filed. This address should only be used for this stated purpose unless otherwise directed by the 8 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 9 CIVIL CASE MANAGEMENT 10 7. 11 shall file a Joint Case Management Statement in full compliance with the Court's Standing Order for 12 All Judges of the Northern District of California governing “Contents of Joint Case Management 13 Statement,” available on the Court’s website. 14 8. 15 approval. Each party shall be represented in person at the Case Management Conference by lead 16 trial counsel (or a party if in pro se), who shall be (1) prepared to address all of the matters referred 17 to in the Northern District of California’s standing order on Joint Case Management Statements; and 18 (2) have full authority to enter stipulations and make admissions pursuant to that order. Permission 19 for a party to attend by telephone may be granted, in the court's discretion, upon written request 20 made at least one week in advance of the hearing if the court determines that good cause exists to 21 excuse personal attendance, and that personal attendance is not needed in order to have an effective 22 conference. The facts establishing good cause must be set forth in the request. 23 9. 24 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 25 CIVIL DISCOVERY 26 Discovery Disputes 27 10. 28 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, 2 1 as required by the federal and local rules, the parties shall first meet and confer to try to resolve their 2 disagreements. The meet and confer session must be in person or by telephone, and may not be 3 conducted by letter, e-mail, or fax. If disagreements remain, the parties shall file a joint letter no 4 later than five business days after the meet and confer session, unless otherwise directed by the 5 court. Lead trial counsel for both parties must sign the letter, which shall include an attestation 6 that the parties met and conferred in person or by telephone regarding all issues prior to filing the 7 letter. Going issue-by-issue, the joint letter shall describe each unresolved issue, summarize each 8 party’s position with appropriate legal authority; and provide each party’s final proposed 9 compromise before moving to the next issue. The joint letter shall not exceed ten pages without 10 leave of court. Parties are expected to plan for and cooperate in preparing the joint letter so 11 that each side has adequate time to address the arguments. In the rare instance that a joint letter 12 is not possible, each side may submit a letter not to exceed four pages, which shall include an 13 explanation of why a joint letter was not possible. The parties shall submit one exhibit to the letter 14 that only sets forth each disputed discovery request in full, followed immediately by the objections 15 and/or responses thereto. No other information shall be included in any such exhibit. No other 16 exhibits shall be submitted without prior approval by the court. The court will review the 17 submission(s) and determine whether formal briefing or proceedings are necessary. Discovery 18 letter briefs must be e-filed under the Civil Events category of Motions and Related Filings > 19 Motions - General > "Discovery Letter Brief". 20 11. 21 and beneficial for counsel to appear in person. This provides the opportunity, where appropriate, to 22 engage counsel in resolving aspects of the discovery dispute while remaining available to rule on 23 any disputes that counsel are not able to resolve. For this reason, the court expects counsel to appear 24 in person. Permission for a party to attend by telephone may be granted, in the court's discretion, 25 upon written request made at least one week in advance of the hearing if the court determines that 26 good cause exists to excuse personal attendance, and that personal attendance is not needed in order 27 to have an effective discovery hearing. The facts establishing good cause must be set forth in the 28 request. In the event that a discovery hearing is ordered, the court has found that it is often efficient 3 1 12. 2 good faith attempts to resolve disputed issues, seek judicial intervention pursuant to Civil L.R. 37- 3 1(b) by contacting the court through the courtroom deputy. If the court is unavailable, the discovery 4 event shall proceed with objections noted for the record. 5 Privilege Logs 6 13. 7 privileged or otherwise protected from discovery, that party shall promptly prepare and provide a 8 privilege log that is sufficiently detailed and informative for the opposing party to assess whether a 9 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 10 set forth the privilege relied upon and specify separately for each document or for each category of 11 similarly situated documents: 12 (a) the title and description of the document, including number of pages or Bates-number 13 range; 14 (b) the subject matter addressed in the document; 15 (c) the identity and position of its author(s); 16 (d) the identity and position of all addressees and recipients; 17 (e) the date the document was prepared and, if different, the date(s) on which it was sent to 18 or shared with persons other than its author(s); and 19 (f) the specific basis for the claim that the document is privileged or protected. 20 Communications involving trial counsel that post-date the filing of the complaint need not be placed 21 on a privilege log. Failure to furnish this information promptly may be deemed a waiver of the 22 privilege or protection. 23 SUMMARY JUDGMENT 24 14. 25 facts not in dispute by citations to admissible evidence. If the parties are unable to reach complete 26 agreement after meeting and conferring, they shall file a joint statement of the undisputed facts 27 about which they do agree. Separate statements of undisputed facts shall not be filed and will not be 28 considered by the court. Motions for summary judgment shall be accompanied by a joint statement of the material 4 1 UNREPRESENTED (PRO SE) PARTIES 2 15. 3 Lawyer” on the Court’s homepage, www.cand.uscourts.gov. The link discusses the Court’s “Legal 4 Help Center” for unrepresented parties which is located on the 15th floor, room 2796, of the United 5 States Courthouse, 450 Golden Gate Avenue, San Francisco. Parties representing themselves should visit the Quick Link titled “If You Don’t Have a 6 7 IT IS SO ORDERED. 8 9 ______________________________ DONNA M. RYU United States Magistrate Judge 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 5

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