Board of Trustees of the Laborers Health & Welfare Trust Fund for Northern California et al v. Wood Valley Concrete, Inc. et al

Filing 7

ORDER SETTING CASE MANAGEMENT CONFERENCE. Case Management Statement due by 8/15/2012. Initial Case Management Conference set for 8/22/2012 01:30 PM. Signed by Magistrate Judge Donna M. Ryu on 6/5/2012. (hlkS, COURT STAFF) (Filed on 6/5/2012)

1
2
3
4
5

UNITED STATES DISTRICT COURT

6

NORTHERN DISTRICT OF CALIFORNIA

7
8

BOARD OF TRUSTEES OF THE
LABORERS HEALTH AND WELFARE
TRUST FUND FOR NORTHERN
CALIFORNIA

9
Plaintiff(s),

No. C 12-02389 DMR
ORDER SETTING CASE
MANAGEMENT CONFERENCE AND
STANDING ORDER FOR MAGISTRATE
JUDGE DONNA M. RYU

v.
11
For the Northern District of California

United States District Court

10
WOOD VALLEY CONCRETE INC,
12
13

Defendant(s).
___________________________________/

14
15
16
17
18
19

INITIAL CASE MANAGEMENT CONFERENCE
TO ALL PARTIES AND COUNSEL OF RECORD:
The above-entitled matter having been reassigned to the Honorable Donna M. Ryu for trial
and all further proceedings,
IT IS HEREBY ORDERED, pursuant to Fed.R.Civ.P. 16 and Civil L.R.16-10, that a Case

20

Management Conference shall be held in this case before the Honorable Donna M. Ryu on August

21

22, 2012, at 1:30 p.m., at the U.S. District Court, 1301 Clay Street, Oakland, California. For

22

courtroom number and floor information, please check the Court’s on-line calendar at

23

http://www.cand.uscourts.gov (click “Calendars - Judges' Weekly Calendars” link, then select Judge

24

Ryu’s calendar) or call Judge Ryu’s Courtroom Deputy, Ivy Garcia, at [phone], one week

25

prior to the scheduled hearing.

26

No later than July 25, 2012, the parties shall (1) meet and confer regarding Fed.R.Civ.P. 26

27

initial disclosures, early settlement, ADR process selection, and a discovery plan; (2) file an ADR

28

Certification (form available at http://www.cand.uscourts.gov) signed by the parties and counsel

1

pursuant to A.D.R. L.R. 3-5(b); and (3) file either a Stipulation to ADR Process or Notice of Need

2

for ADR Phone Conference (form available at http://www.cand.uscourts.gov) pursuant to ADR L.R.

3

3-5(b) & (c).

4
5

No later than August 15, 2012, the parties shall file a Joint Case Management Statement in
conformance with Judge Ryu's attached Standing Order.

6

Plaintiff(s) shall serve copies of this Order on all parties to this action, and on any parties

7

subsequently joined, in accordance with the provisions of Fed.R.Civ.P. 4 and 5. Following service,

8

Plaintiff(s) shall file a certificate of service with the Clerk of Court.

and be assigned a user ID and password for access to the system upon designation of the action as

11
For the Northern District of California

Each attorney of record in all "E-Filing" cases is obligated to become an ECF User

10

United States District Court

9

being subject to ECF. Registration shall be on a form prescribed by the Clerk. Attorneys of record

12

who fail to register timely shall be subject to such sanctions as may be imposed by the Court.

13

STANDING ORDER FOR

14

MAGISTRATE JUDGE DONNA M. RYU

15

(Revised February 22, 2011)

16

Parties shall comply with the procedures in the Federal Rules of Civil or Criminal Procedure,

17

the Northern District of California’s Local Rules and General Orders, and this standing order, all of

18

which are available at http://www.cand.uscourts.gov. The parties’ failure to comply with any of the

19

rules or orders may be grounds for monetary sanctions, dismissal, entry of judgment, or other

20

appropriate sanctions.

21

CALENDAR DATES AND SCHEDULING

22

1.

23

a.m., or during the regular criminal calendar when Judge Ryu is on criminal calendar duty. Civil

24

motions are also heard on the second and fourth Thursdays of the month at 11:00 a.m. Civil case

25

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

26

conferences are heard on Wednesdays at 3:00 p.m.

27

2.

28

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

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

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

http://www.cand.uscourts.gov. The Court may reset hearing dates as the Court’s calendar requires.
2

1

3.

2

637-3639.

3

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

CONSENT CASES

4

4.

5

file their written consent to the assignment of a United States Magistrate Judge for all purposes or

6

their written declination of consent as soon as possible, and in no event later than the deadlines

7

specified in Civil L.R. 73-1(a)(1) and (2).

8
9

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

CHAMBERS COPIES AND PROPOSED ORDERS
5.

Under Civil L.R. 5-1(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

11
For the Northern District of California

United States District Court

10

Oakland Clerk’s Office. In a case subject to electronic filing, chambers copies must be submitted by

12

the close of the next court day following the day the papers are filed electronically.

13

6.

14

[e-mail] as a word processing attachment on the same day the document is e-filed.

15

This address should only be used for this stated purpose unless otherwise directed by the Court.

16

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

CIVIL CASE MANAGEMENT

17

7.

18

parties shall file a Joint Case Management Statement in full compliance with the Northern District of

19

California’s general standing order for civil cases entitled “Contents of Joint Case Management

20

Statement,” a copy of which is attached hereto.

21

8.

22

without Court approval. Each party shall be represented in person at the Case Management

23

Conference by lead trial counsel (or a party if in pro se), who shall be (1) prepared to address all of

24

the matters referred to in the Northern District of California’s general standing order on Joint Case

25

Management Statements; and (2) have full authority to enter stipulations and make admissions

26

pursuant to that order. Permission for a party to attend by telephone may be granted, in the Court's

27

discretion, upon written request made at least two weeks in advance of the hearing if the Court

28

determines that good cause exists to excuse personal attendance, and that personal attendance is not

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

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

3

1

needed in order to have an effective conference. The facts establishing good cause must be set forth

2

in the request.

3

9.

4

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

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

5

CIVIL DISCOVERY

6

Discovery Disputes

7

10.

8

manner, the Court uses the following procedure. The parties shall not file formal discovery motions.

9

Instead, as required by the federal and local rules, the parties shall first meet and confer to try to

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

resolve their disagreements. The meet and confer session must be in person or by telephone, and

11
For the Northern District of California

United States District Court

10

may not be conducted by letter, e-mail, or fax. If disagreements remain, the parties shall file a joint

12

letter no later than five (5) business days after the meet and confer session. Lead trial counsel for

13

both parties must sign the letter, which shall include an attestation that the parties met and

14

conferred in person or by telephone regarding all issues prior to filing the letter. Going issue-by-

15

issue, the joint letter shall describe each unresolved issue, summarize each party’s position with

16

appropriate legal authority; and provide each party’s final proposed compromise before moving to

17

the next issue. The joint letter shall not exceed ten (10) pages without leave of Court. In the rare

18

instance that a joint letter is not possible, each side may submit a letter not to exceed four (4) pages,

19

which shall include an explanation of why a joint letter was not possible. When appropriate, the

20

parties may submit one exhibit to the letter that sets forth each discovery request at issue in full,

21

followed immediately by the objections and/or responses thereto. No other information shall be

22

included in any such exhibit. No other exhibits shall be submitted without prior approval by the

23

Court. The Court will review the submission(s) and determine whether formal briefing or

24

proceedings are necessary.

25

11.

26

exhausting good faith attempts to resolve disputed issues, seek judicial intervention pursuant to Civil

27

L.R. 37-1(b) by contacting the Court through the courtroom deputy. If the Court is unavailable, the

28

discovery event shall proceed with objections noted for the record.

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

4

1

12.

2

and beneficial for the parties if counsel appear in person. This provides the opportunity, where

3

appropriate, to engage counsel in resolving aspects of the discovery dispute while remaining

4

available to rule on any disputes that counsel are not able to resolve. For this reason, the Court

5

expects counsel to appear in person. Permission for a party to attend by telephone may be granted,

6

in the Court's discretion, upon written request made at least two weeks in advance of the hearing if

7

the Court determines that good cause exists to excuse personal attendance, and that personal

8

attendance is not needed in order to have an effective discovery hearing. The facts establishing good

9

cause must be set forth in the request.

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

Privilege Logs

11
For the Northern District of California

United States District Court

10

13.

12

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

13

a privilege log that is sufficiently detailed and informative for the opposing party to assess whether a

14

document’s designation as privileged is justified. See Fed.R.Civ.P. 26(b)(5). The privilege log shall

15

set forth the privilege relied upon and specify separately for each document or for each category of

16

similarly situated documents:

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

17

(a) the title and description of the document, including number of pages or Bates-number

18

range;

19

(b) the subject matter addressed in the document;

20

(c) the identity and position of its author(s);

21

(d) the identity and position of all addressees and recipients;

22

(e) the date the document was prepared and, if different, the date(s) on which it was sent to or

23

shared with persons other than its author(s); and

24

(f) the specific basis for the claim that the document is privileged or protected.

25

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

26

IT IS SO ORDERED.

27
28

______________________________
DONNA M. RYU
United States Magistrate Judge

5

1
2

STANDING ORDER FOR ALL JUDGES OF THE NORTHERN DISTRICT OF
CALIFORNIA
CONTENTS OF JOINT CASE MANAGEMENT STATEMENT

3

Commencing March 1, 2007, all judges of the Northern District of California will require the

4

identical information in Joint Case Management Statements filed pursuant to Civil Local Rule

5

16-9. The parties must include the following information in their statement which, except in

6

unusually complex cases, should not exceed ten pages:

7

1.

8

plaintiff’s claims and defendant’s counterclaims, whether any issues exist regarding personal

9

jurisdiction or venue, whether any parties remain to be served, and, if any parties remain to be

Jurisdiction and Service: The basis for the court’s subject matter jurisdiction over

served, a proposed deadline for service.

11
For the Northern District of California

United States District Court

10

2.

12

issues in dispute.

13

3.

14

of law, including reference to specific statutes and decisions.

15

4.

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

16

5.

Amendment of Pleadings: The extent to which parties, claims, or defenses are expected to

17

be added or dismissed and a proposed deadline for amending the pleadings.

18

6.

19

evident in this action, including interdiction of any document-destruction program and any

20

ongoing erasures of e-mails, voice mails, and other electronically-recorded material.

21

7.

22

requirements of Fed. R. Civ. P. 26 and a description of the disclosures made.

23

8.

24

proposed limitations or modifications of the discovery rules, and a proposed discovery plan

25

pursuant to Fed. R. Civ. P. 26(f).

26

9.

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

27

10.

Related Cases: Any related cases or proceedings pending before another judge of this

28

court, or before another court or administrative body.

Facts: A brief chronology of the facts and a statement of the principal factual

Legal Issues: A brief statement, without extended legal argument, of the disputed points

Evidence Preservation: Steps taken to preserve evidence relevant to the issues reasonably

Disclosures: Whether there has been full and timely compliance with the initial disclosure

Discovery: Discovery taken to date, if any, the scope of anticipated discovery, any

6

1

11.

2

damages sought and a description of the bases on which damages are calculated. In addition, any

3

party from whom damages are sought must describe the bases on which it contends damages

4

should be calculated if liability is established.

5

12.

6

plan for the case, including compliance with ADR L.R. 3-5 and a description of key discovery or

7

motions necessary to position the parties to negotiate a resolution.

8

13.

9

magistrate judge conduct all further proceedings including trial and entry of judgment.

Relief: All relief sought through complaint or counterclaim, including the amount of any

Settlement and ADR: Prospects for settlement, ADR efforts to date, and a specific ADR

Consent to Magistrate Judge For All Purposes: Whether all parties will consent to have a

14.

11
For the Northern District of California

United States District Court

10

special master, or the Judicial Panel on Multidistrict Litigation.

12

15.

13

to expedite the presentation of evidence at trial (e.g., through summaries or stipulated facts), and

14

any request to bifurcate issues, claims, or defenses.

15

16.

16

basis with streamlined procedures.

17

17.

18

dispositive motions, pretrial conference and trial.

19

18.

20

the trial.

21

19.

22

“Certification of Interested Entities or Persons” required by Civil Local Rule 3-16. In addition,

23

each party must restate in the case management statement the contents of its certification by

24

identifying any persons, firms, partnerships, corporations (including parent corporations) or other

25

entities known by the party to have either: (i) a financial interest in the subject matter in

26

controversy or in a party to the proceeding; or (ii) any other kind of interest that could be

27

substantially affected by the outcome of the proceeding.

28

20.

Other References: Whether the case is suitable for reference to binding arbitration, a

Narrowing of Issues: Issues that can be narrowed by agreement or by motion, suggestions

Expedited Schedule: Whether this is the type of case that can be handled on an expedited

Scheduling: Proposed dates for designation of experts, discovery cutoff, hearing of

Trial: Whether the case will be tried to a jury or to the court and the expected length of

Disclosure of Non-party Interested Entities or Persons: Whether each party has filed the

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

matter.
7