Federal Deposit Insurance Corporation as Receiver for Indymac Bank FSB v. Warren et al

Filing 76

NOTICE OF REFERENCE, ORDER, TIME AND PLACE OF HEARING re 74 Joint Discovery Letter Brief filed by Judith A. Warren. Telephonic Motion Hearing set for 11/28/2012 at 11:30 PM in Courtroom G, 15th Floor, San Francisco before Magistrate Judge Joseph C. Spero. Signed by Judge Joseph C. Spero on 11/27/12. (klhS, COURT STAFF) (Filed on 11/27/2012)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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FEDERAL DEPOSIT INSURANCE
CORPORATION AS RECEIVER FOR
INDYMAC BANK FSB,

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Plaintiff(s),

NOTICE OF REFERENCE, TIME
AND PLACE OF HEARING

v.

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For the Northern District of California

United States District Court

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No. 4:11-cv-03260 CW (JCS)

JUDITH WARREN, ET AL,

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Defendant(s).
___________________________________/

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TO ALL PARTIES AND COUNSEL OF RECORD:
The above matter has been referred to Magistrate Judge Joseph C. Spero for the Joint
Discovery Letter, docket no. 74, and all future discovery matters.
The hearing on the Joint Discovery Letter has been set for November 28, 2012, at 11:30

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a.m., in Courtroom G, 15th Floor, Federal Building, 450 Golden Gate Avenue, San Francisco,

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California. The opposition(s), if not already filed, shall be filed and served no later than fourteen

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(14) days after the motion is served and filed. Any reply to the opposition(s) shall be filed and

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served no later than seven (7) days after the opposition is served and filed. All documents shall be

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filed in compliance with Civil L. R. 7-2 through 7-5. Documents not filed in compliance with those

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rules will not be considered by the Court. Any party seeking an award of attorney’s fees or other

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expenses in connection with this motion shall file a motion in accordance with Civil L. R. 37-3.

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LAW AND MOTION HEARING PROCEDURES

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Civil law and motion is heard on Friday mornings at 9:30 a.m., in Courtroom G, 15th Floor, United

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States District Court, 450 Golden Gate Avenue, San Francisco, California.

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In the event a future discovery dispute arises, IT IS HEREBY ORDERED that before filing
any discovery motion before this Court, the parties must comply with the following:
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Lead trial counsel for both parties must meet and confer in person regarding the

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matter(s) at issue. This meeting shall occur after other efforts to resolve the dispute,

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such as telephone, e-mail, teleconference, or correspondence, have been

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unsuccessful. Once those efforts have proved unsuccessful, any party may demand a

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meeting of lead trial counsel to resolve a discovery matter. Such a meeting shall

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occur within ten (10) calendar days of the demand. The locations of the meetings

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shall alternate. The first meeting shall be at a location selected by counsel for
Plaintiff(s). If there are any future disputes, the next such meeting shall be held at a

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For the Northern District of California

United States District Court

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location to be determined by counsel for Defendant(s), etc.

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2.

Within five (5) calendar days of the in-person meeting between lead trial counsel

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referred to above, the parties shall jointly file a detailed letter with the Court, not to

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exceed five (5) pages without leave of Court, which will include the matters that

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remain in dispute, a detailed substantive description of each side’s position on each

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such issue, and a description of each side’s proposed compromise on each such issue.

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3.

After the Court has received the joint letter, the Court will determine what future
proceedings, if any, are necessary.

In the event that the parties continue to be unable to resolve the matters regarding the timing

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and scope of discovery, the Court will consider what future actions are necessary. These actions

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may include the following: (1) sanctions against a party failing to cooperate in the discovery process

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and meet and confer in good faith, as required by this Order, the Federal Rules of Civil Procedure,

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and the Local Rules of this Court; and/or (2) requiring the Chief Executive Officers of each party to

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attend the in-person, meet-and-confer sessions described above. The Court is not entering either of

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these matters as an Order of the Court at this time, and fully expects counsel to meet their

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obligations under this Order and under the Local Rules.

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A party or counsel has a continuing duty to supplement the initial disclosure when required
under Fed. R. Civ. P. 26(e)(1).

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Law and motion matters may be submitted without argument upon stipulation of the parties

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and notification of the Court no later than 4:30 p.m. the day before the hearing. Pursuant to Civil L.

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R. 7-7(e), filed motions may be withdrawn without leave of the Court, within seven (7) days of the

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date for service of the opposition. Thereafter, leave of the Court must be sought.

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ELECTRONIC FILING AND COURTESY COPIES
Please refer to Civil L. R. 5-4 and General Order No. 45 for the Northern District of
California for information relating to electronic filing procedures and requirements.

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BEFORE NOON ON THE NEXT BUSINESS DAY FOLLOWING THE ELECTRONIC

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FILING, THE PARTIES ARE REQUIRED TO LODGE DIRECTLY WITH CHAMBERS ONE
PAPER COPY OF EACH DOCUMENT, WHICH IS TO BE DESIGNATED "JCS’S CHAMBERS'

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For the Northern District of California

United States District Court

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COPY." All filings of documents relating to motions referred to the undersigned shall list the civil

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case number and the district court judge’s initials, followed by the designation “(JCS)”.

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The failure of counsel or a party to abide by this Order may result in sanctions pursuant to
Fed. R. Civ. P. 16(f).

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IT IS SO ORDERED.

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Dated: November 27, 2012

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JOSEPH C. SPERO
United States Magistrate Judge

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