Blackmon et al v. Tobias

Filing 81

NOTICE OF REFERRAL AND ORDER RE: DISCOVERY PROCEDURES. Signed by Judge Laurel Beeler on 11/16/2011. (Attachments: # 1 Standing Order)(lblc2, COURT STAFF) (Filed on 11/16/2011)

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UNITED STATES DISTRICT COURT

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Northern District of California

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Oakland Division
JAMES BLACKMON, et al.,

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For the Northern District of California

UNITED STATES DISTRICT COURT

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No. C 11-02853 SBA (LB)

Plaintiffs,
v.

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GLENN TOBIAS, et al.,

NOTICE OF REFERRAL AND
ORDER RE DISCOVERY
PROCEDURES

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Defendants.
_____________________________________/

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TO ALL PARTIES AND COUNSEL OF RECORD:

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On October 21, 2011, the parties submitted a letter brief to the undersigned in which they sought

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judicial intervention to resolve a discovery dispute. Joint Letter, ECF No. 78. According to the

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letter, Plaintiffs served a third-party subpoena on Bank of America that seeks certain banking

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records. Id. at 1. Defendants objected to the subpoena's scope on, among other things, overbreadth,

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relevance, and privacy grounds. Id. at 2-3. They also argued that discovery concerning the banking

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records is premature until Judge Armstrong rules on their motion to dismiss, which is scheduled for

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hearing on January 12, 2012. Id. at 2.

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Yesterday, Judge Armstrong resolved the question whether discovery is premature: she ruled

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that a stay on discovery was not warranted. 11/15/2011 Order, ECF No. 80. She also referred the

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parties' remaining arguments (i.e., Defendants’ challenges to the scope of the discovery sought) to

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the undersigned. Id. at 2. In that regard, the court directs the parties to comply with the procedures

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for addressing discovery disputes set forth in the undersigned's standing order (attached). Those
C 11-02853 SBA (LB)
NOTICE OF REFERRAL AND ORDER

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procedures require, among other things, that if a meet-and-confer by other means does not resolve

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the parties' dispute, lead counsel for the parties must meet and confer in person. If that procedure

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does not resolve the disagreement, the parties must file a joint letter instead of a formal motion.

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After reviewing the joint letter, the Court will evaluate whether further proceedings are necessary,

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including any further briefing or argument.

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This disposes of ECF Nos. 78, 79.

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IT IS SO ORDERED.

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Dated: November 16, 2011

_______________________________
LAUREL BEELER
United States Magistrate Judge

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For the Northern District of California

UNITED STATES DISTRICT COURT

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C 11-02853 SBA (LB)
NOTICE OF REFERRAL AND ORDER

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