Maryland Casualty Company v. Avalon Management LLC et al
Filing
85
CORRECTION OF DOCKET # 82 . AMENDED ORDER Setting Hearing on Motion, ORDER Setting Briefing Schedule and Hearing on 80 Discovery Letter Brief Joint Letter Brief: Motion Hearing set for 2/28/2013 11:00. Signed by Magistrate Judge Donna M. Ryu on 02/12/2013. (dmrlc1, COURT STAFF) (Filed on 2/12/2013)
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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For the Northern District of California
United States District Court
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MARYLAND CASUALTY COMPANY,
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Plaintiff(s),
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v.
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AMENDED NOTICE OF REFERENCE
AND ORDER RE DISCOVERY
PROCEDURES
AVALON MANAGEMENT LLC,
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No. C-11-05640 YGR (DMR)
Defendant(s).
___________________________________/
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TO ALL PARTIES AND COUNSEL OF RECORD:
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The above matter has been referred to Magistrate Judge Donna M. Ryu for resolution of all
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discovery disputes. The court is in receipt of the January 24, 2013 joint letter regarding the dispute
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between Defendant Tiburon Hospitality (“Tiburon”) and Intervenor Sequoia Insurance Company
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(“Sequoia”) and Avalon Management, LLC (“Avalon”) and Mark Grotewohl, in which
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Avalon/Grotewohl seek a protective order to prohibit the law firm Burnham Brown from deposing
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them. [Docket No. 80.] The court has determined that it would benefit from further briefing and a
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factual record regarding the issues raised in the joint letter. Accordingly, by no later than February
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8, 2013, Avalon/Grotewohl shall file an opening brief and any supporting declaration(s) specifically
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addressing the existence of an attorney-client relationship between Avalon/Grotewohl and Burnham
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Brown, and Avalon/Grotewohl’s entitlement to a protective order on the grounds of the alleged
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conflict. Avalon/Grotewohl’s opening brief shall not exceed 12 pages, double-spaced (exclusive of
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evidence). By no later than February 14, 2014, Tiburon and Sequoia shall file an opposition that
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does not exceed 12 pages, double-spaced (exclusive of evidence). Any reply by Avalon/Grotewohl
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shall be filed by February 19, 2013 and shall not exceed five pages, double-spaced. The court will
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hold a hearing on this matter on February 28, 2013 at 11:00 a.m. at the U.S. District Court, 1301
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Clay Street, Oakland, California 94612. For courtroom number and floor information, please check
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the Court’s on-line calendar at http://www.cand.uscourts.gov (click “Calendars - Judges' Weekly
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Calendars” link, then select Judge Ryu’s calendar) or call Judge Ryu’s Courtroom Deputy, Ivy
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Garcia, at (510) 637-3639, one week prior to the scheduled hearing.
Parties shall comply with the procedures in this order, the Federal Rules of Civil Procedure,
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For the Northern District of California
United States District Court
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and the Northern District of California’s Local Rules, General Orders, and Standing Orders. Local
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rules, general orders, standing orders, and instructions for using the Court's Electronic Case Filing
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system are available at http://www.cand.uscourts.gov. Failure to comply with any of the rules or
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orders may be a ground for sanctions.
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RESOLUTION OF DISCOVERY DISPUTES
In order to respond to discovery disputes in a flexible, cost-effective and efficient manner,
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the court uses the following procedure. The parties shall not file formal discovery motions. Instead,
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as required by the federal and local rules, the parties shall first meet and confer to try to resolve their
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disagreements. The meet and confer session must be in person or by telephone, and may not be
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conducted by letter, e-mail, or fax. If disagreements remain, the parties shall file a joint letter no
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later than five business days after the meet and confer session, unless otherwise directed by the
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court. Lead trial counsel for both parties must sign the letter, which shall include an attestation
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that the parties met and conferred in person or by telephone regarding all issues prior to filing the
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letter. Going issue-by-issue, the joint letter shall describe each unresolved issue, summarize each
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party’s position with appropriate legal authority; and provide each party’s final proposed
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compromise before moving to the next issue. The joint letter shall not exceed ten pages without
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leave of court. Parties are expected to plan for and cooperate in preparing the joint letter so
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that each side has adequate time to address the arguments. In the rare instance that a joint letter
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is not possible, each side may submit a letter not to exceed four pages, which shall include an
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explanation of why a joint letter was not possible. The parties shall submit one exhibit to the letter
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that only sets forth each disputed discovery request in full, followed immediately by the objections
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and/or responses thereto. No other information shall be included in any such exhibit. No other
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exhibits shall be submitted without prior approval by the court. The court will review the
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submission(s) and determine whether formal briefing or proceedings are necessary. Discovery
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letter briefs must be e-filed under the Civil Events category of Motions and Related Filings >
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Motions - General > "Discovery Letter Brief".
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In the event that a discovery hearing is ordered, the court has found that it is often efficient
and beneficial for counsel to appear in person. This provides the opportunity, where appropriate, to
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For the Northern District of California
United States District Court
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engage counsel in resolving aspects of the discovery dispute while remaining available to rule on
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any disputes that counsel are not able to resolve. For this reason, the court expects counsel to appear
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in person. Permission for a party to attend by telephone may be granted, in the court's discretion,
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upon written request made at least one week in advance of the hearing if the court determines that
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good cause exists to excuse personal attendance, and that personal attendance is not needed in order
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to have an effective discovery hearing. The facts establishing good cause must be set forth in the
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request.
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In emergencies during discovery events (such as depositions), any party may, after
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exhausting good faith attempts to resolve disputed issues, seek judicial intervention pursuant to Civil
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L.R. 37-1(b) by contacting the court through the courtroom deputy. If the court is unavailable, the
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discovery event shall proceed with objections noted for the record.
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CHAMBERS COPIES AND PROPOSED ORDERS
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Pursuant to Civil L.R. 5-1(e)(7) and 5-2(b), parties must lodge an extra paper copy of certain
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filings and mark it as a copy for “Chambers.” Please three-hole punch the chambers copy and
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submit it to the Oakland Clerk’s Office.
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Any stipulation or proposed order submitted by an e-filing party shall be submitted by email
to dmrpo@cand.uscourts.gov as a word processing attachment on the same day the document is e-
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filed. This address should only be used for this stated purpose unless otherwise directed by the
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court.
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PRIVILEGE LOGS
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If a party withholds information that is responsive to a discovery request by claiming that it
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is privileged or otherwise protected from discovery, that party shall promptly prepare and provide a
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privilege log that is sufficiently detailed and informative for the opposing party to assess whether a
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document’s designation as privileged is justified. See Fed.R.Civ.P. 26(b)(5). The privilege log shall
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set forth the privilege relied upon and specify separately for each document or for each category of
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similarly situated documents:
(a) the title and description of the document, including number of pages or
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For the Northern District of California
United States District Court
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Bates-number range;
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(b) the subject matter addressed in the document;
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(c) the identity and position of its author(s);
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(d) the identity and position of all addressees and recipients;
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(e) the date the document was prepared and, if different, the date(s) on which it was
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sent to or shared with persons other than its author(s); and
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(f) the specific basis for the claim that the document is privileged or protected.
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Communications involving trial counsel that post-date the filing of the complaint need not be
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placed on a privilege log. Failure to furnish this information promptly may be deemed a waiver of
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the privilege or protection.
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IT IS SO ORDERED.
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Dated: February 12, 2013
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DONNA M. RYU
United States Magistrate Judge
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