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).

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 [e-mail] 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