Kumvachirapitag v. Gates et al

Filing 5

ORDER: Status Conference set for 12/28/2011 01:30 PM before Magistrate Judge Donna M. Ryu. (vlk, COURT STAFF) (Filed on 9/12/2011)

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UNITED STATES DISTRICT COURT
NORTHERN DFTT
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STANDING ORDER FOR
MAGISTRATE JUDGE D O W A M. RYU
(Revised February 22, 2011)

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Parties shall comply with the procedures in the Federal Rules o f Civil or Criminal
Procedure, the Northern District of California's Local Rules and General Orders, and this
T h e parties'
standing order, all o f which are available at htty:iiww~\~.cand.~~sco~~~s.rrov. failure to
comply with any of the rules or orders may be grounds for monetary sanctions, dismissal, entry
ofjudgment, o r other appropriate sanctions.

CALENDAR DATES AND SCHEDULING

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I.

Criminal motions are heard on the second and fourth Thursdays o f the month at 11 :00

a.m., or during the regular criminal calendar when Judge Ryu is on criminal calendar duty. Civil
otions are also heard on the second and fourth Thursdays o f the month at 1 1 :00 a.m. Civil case

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management and status conkrences are heard on Wednesdays at 1 :30 p.m. Civil pretrial
conferences are heard on Wednesdays at 3:00 p.m.
2.

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Parties should notice motions (other than discovery motions) pursuant to the local rules.

Parties need not reserve a hearing date, but should confirm the Court's availability at

I~I~~:~/wM~w.c~~~.uscouI-~s.oov.

T h e Court may reset hearing dates a s the Court's calendar

requires.
3.

For scheduling questions, please call Judge Ryu's courtroom deputy, Ivy Garcia at (510)

637-3639.

CONSENT CASES

4.

In civil cases that are randomly assigned to Judge Ryu for all purposes, the parties should

file their written consent to the assignment of a United States Magistrate Judge for all purposes
or their written declination of consent as soon aspossible, and in no event later than the
deadlines specified in Civil L.R. 73-1 (a)(]) and (2)-

CHAMBERS COPIES AND PROPOSED ORDERS
5.

Under Civil L.R. 5- I (b), parties must lodge an extra paper copy of any filing and

mark it as a copy for "Chambers." Please three-hole punch the chambers copy and submit it to
the Oakland Clerk's Ofice. In a case subject to electronic filing, chambers copies must be
submitted by the close of the next court day following the day the papers are filed electronically.

6.

Any stipulation or proposed order in a case subject to e-filing should be submitted by

email to d~~~[e-mail].~ov
as a word processing attachinent on the same day the
document is e-filed. ?%is address should only be used for this stated purpose unless otherwise
directed by the Court.
CIVIL CASE MANAGEMENT
7.

No later than seven (7) days before the initial case management or status conference, the

parties shall file a Joint Case Management Statement in full compl'iance with the Northern
District of California's general standing order for civil cases entitled "Contents o f Joint Case
Management Statement," a copy of which is attached hereto.

8.

Parties may not stipulate to continue a case management, status, or pretrial conference

without Court approval. Each party shall be represented in person at the Case Management
Conference by lead trial counsel (or a party if in pro se), who shaIl be (1) prepared to address all
of the matters referred to in.the Northern District of California's general standing order on Joint

Case Management Statements; and (2) have full authority to enter stipulatjons and make
admissions pursuant to that order. Permission for a party to attend by telephone may be granted,
in the Court's discretion: upon written request made at least two weeks in advance of the hearing
if the Court determines that good cause.exists to excuse personal attendance, and that personal
attendance is not needed in order to have an effective conference. The facts establishing good
cause must be set forth in the request.

9.

All case management, status and pretrial conferences are audio recorded. They are not

reported by a court reporter unless counsel requests a court reporter in advance.

CIVIL DISCOVERY
Discovery Disputes
10.

In order to respond to discovery disputes in a flexible, cost-effective and efficient

manner, the Court uses the follo\ving procedure. The parties shall not file formal discovery
motions. Instead, as required by the federal and local rules, the parties shall first meet and confer
to try to resolve their disagreements. The meet and confer session must be in person or by
telephone, and may not be conducted by letter, e-mail, or fax. If disagreements remain, the

parties shall file a joint letter no later than five (5) business days after the meet and confer
session. Lead trial counsel for both parties must sign the letter, which shall include an
attestation that the parties met and conferred in person or by telephone regarding all issues prior
to filing the letter. Going issue-by-issue, the joint letter shall describe each unresolved issue,
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summarize each party's position with appropriate legal authority; and provide each party's final
proposed compromise before moving to the next issue.. The joint letter shall not exceed ten ( I 0)
pages without leave of Court. In the rare instance that a joint letter is not possible, each side may

submit a letter not to exceed four (4) pages, which shall include an explanation of why a joint
letter was not possible. When appropriate, the parties may submit one exhibit to the letter that
sets forth each discovery request at issue in full, followed immediately by the objections and/or
responses thereto. No other information shall be included in any such exhibit. No other exhibits
shall be submitted without prior approval by the Court. The Court will review the submission(s)
and determine whether formal briefing or proceedings are necessary.
1 1.

In emergencies during discovery events (such as depositions), any party may. after

exhausting good faith attempts to resolve disputed issues, seek judicial intervention pursuant to
Civil L.R. 37-1 (b) by contacting the Court through the courtroom deputy. If the Court is
unavailable, the discovery event shall proceed with objections noted for the record.
12.

In the event that a discovery hearing is ordered, the Court has found that it is often

efficient and beneficial for the parties if counsel appear in person. This provides the
opportunity, where appropriate, to engage counsel in resolving aspects of the discovery dispute
while remaining available to rule on any disputes that counsel are not able to resolve. For this
reason, the Court expects counsel to appear in person. Permission for a party to attend by
telephone may be granted, in the Court's discretion, upon written request made at least two
weeks in advance of the hearing if the Court determines that good cause exists to excuse
personal attendance, and that personal attendance is not needed in order to have an effective
discovery hearing. The facts establishing good cause must be set forth in the request.
Privilege Lops

13.

If a party withholds information that is responsive to a discovery request by claiming that

it is privileged or otherwise protected from discovery, that party shall promptly prepare and

provide a privilege log that is sufficiently detailed and informative for the opposing party to
assess whether a document's designation as privileged is justified. See Fed.R.Civ.P. 26(b)(5).
The privilege log shall set forth the privilege relied upon and specify separately for each
document or for each category of similarly situated documents:
(a) the title and description of the document, including number of pages or Bates-number
range;
(b) the subject matter addressed in the document;
(c) the identity and position of its author(s);
(d) the identity and position of all addressees and recipients;
(e) the date the document was prepared and, if different, the date(s) on which it was sent
to or shared with persons other than its author(s); and
( f ) the specific basis for the claim that the document is privileged or protected.

Failure to furnish this information promptly may be deemed a waiver of the privilege or
protection.

IT IS SO ORDERED.

DONNA M. RYU
United States Magistrate Judge

STAHDING ORDER FOR ALL JUDGES OF T H E NORTHERN DISTRICT OF
CALlFORNl A
CONTENTS OF J01BT CASE MANAGEMENT STATEMENT
Commencing March I, 2007, all judges of the Northern District of California will require the
identical information in Joint Case Management Statements filed pursuant to Civil Local Rule
16-9. The parties must include the following information in lheir slatement which, except in
unusually complex cases, should not exceed ten pages:

I.

hirisdiction and Service: The basis for the coun's subject matler jurisdiction over
plaintiffs claims and defendant's counterclaims, whether any issues exisl regarding personal
jurisdiction or venue, whether any parties remain to be served, and, if any parries remain to be
served, a proposed deadline for service.

Facts:

A bnefchronorogy of the facts and a statement of the principal factual
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issues in dispute:

L e ~ a Issues: A brief statement, without extended legal argument, ofthe disputed points
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of law, including reference to specific statutes and decisions.
4.

Motions: All prior and pending motions, their cunent status, and any anticipated motions.

Amendment of Pleadin~s: extent to which parties, claims, or defenses are expected to
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be added or dismissed and a proposed deadline for amending the pleadings.
Evidence Preservation: Steps taken to preserve evidence relevant to the issues reasonably
6.evident in this action, including interdiction of any document-destruction program and any
ongoing erasures of e-mails, voice mails, and other electronically-recorded material.
7.
Disclosures: Whether here has been full and timely compliance with the initial disclosure
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requirements o r ~ e dR. Civ. P. 26 and a description of the disclosures made.

Discovery: Discovery taken to date, if any, the scope ofanlicipated discovery, any
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proposed limitations or modifications of the discovery rules, and a proposed discovery plan
pursuant to Fed. R . Civ. P. 26(f).

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Class Actions: If 3 class actlon, a proposal for how and when the class will be certified.

Related Cases: Any related cases or proceedings pending beiore another judge of this
C O U ~ , before another couv or administrative body.
or
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11.

RelieT: All relief sought through complaint or coun~erclaim,
including the amount of any

damages sought and a description of the bases on which damages are calculated. In addition, any
party from whom damages are sought must describe the bases on which it contends damages
should be calculated if liability is established.
12.
Settlement and ADR: Prospects for settlement, ADR efforts to date, and a specific ADR
plan for the case, including compliance with ADR LR.3-5 and a description of key discovery or
motions necessary to position the parties to negotiate a resolution.
13.
Consent to Magistrate Judge For All Purposes: Whether all parties will consent to have a
rnagis~rate
judge conduct all funher proceedings including trial and entry ofjudgment.
14.
Other References: Whether the case is suitable for reference to binding arbilration, a
special master, or the Judicial Panel on Multidistrict Litigation.
35.
Narrowing of Issues: lssues that can be narrowed by agreement or by motion, sugges~ions
lo expedite the presentation of evidence at trial (e.g., through summaries or stipulated facts), and
any request to bifurcate issues, claims, or defenses.

Expedited Schedule: Whether this is the type of case that can be handled on an expediled
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basis with streamlined procedures.
Scheduling: Proposed dates for designation of experts, discovery cutoff, hearing of
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disposjtive motions, pretrial conference and trial.
18.

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Wheiher the case will be tried to a jury or to the court and the expected lenglh of

the trial.
Disclosure of Non-party lnterested Entilies or Persons: Whether each party has filed the
19.
"Certification of Interested Entities or Persons" required by Civil l o c a l Rule 3-16. I n addition,
each -party must restate in the case management statement the contents o f its certification by
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identifying any persons, firms, partnerships, corporalions (including parent corporations) or other
enlities known by the party to have either: (i) a financial interest in the subject matter in
controversy or in a party to the proceeding; or (ii) any other kind of interest that could be
substantially affected by the outcome ofthe proceeding.
20.

matter.

Such other matters as may facilitate the just, speedy and inexpensive disposition of this