Jimenez et al v. Golden Bear Restaurant Corporation et al

Filing 17

ORDER Case Management Statement due by 12/12/2012. Case Management Conference set for 12/19/2012 01:30 PM. Signed by Magistrate Judge Donna M. Ryu on 11/20/2012. (dmrlc2, COURT STAFF) (Filed on 11/20/2012)

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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 NORTHERN DISTRICT OF CALIFORNIA 9 MARIO JIMENEZ Plaintiff(s), 11 For the Northern District of California United States District Court 10 No. C-12-03927-DMR v. 12 GOLDEN BEAR, 13 ORDER SETTING CASE MANAGEMENT CONFERENCE AND STANDING ORDER FOR MAGISTRATE JUDGE DONNA M. RYU [Reassigned Case] Defendant(s). ___________________________________/ 14 15 16 17 18 19 20 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 21 Management Conference shall be held in this case before the Honorable Donna M. Ryu on 22 December 19, 2012, at 1:30 p.m., in Courtroom 4, 3rd Floor, U.S. District Court, 1301 Clay Street, 23 Oakland, California. 24 No later than November 29, 2012, the parties shall (1) meet and confer regarding 25 Fed.R.Civ.P. 26 initial disclosures, early settlement, ADR process selection, and a discovery plan; 26 (2) file an ADR Certification (form available at http://www.cand.uscourts.gov) signed by the parties 27 and counsel pursuant to A.D.R. L.R. 3-5(b); and (3) file either a Stipulation to ADR Process or 28 Notice of Need for ADR Phone Conference (form available at http://www.cand.uscourts.gov) pursuant to ADR L.R. 3-5(b) & (c). 1 2 No later than December 12, 2012, the parties shall file a Joint Case Management Statement in conformance with Judge Ryu's attached Standing Order. 3 Each attorney of record in all "E-Filing" cases is obligated to become an ECF User 4 and be assigned a user ID and password for access to the system upon designation of the action as 5 being subject to ECF. Registration shall be on a form prescribed by the Clerk. Attorneys of record 6 who fail to register timely shall be subject to such sanctions as may be imposed by the Court. 7 STANDING ORDER FOR MAGISTRATE JUDGE DONNA M. RYU (Revised July 3, 2012) 8 9 Parties shall comply with the procedures in the Federal Rules of Civil or Criminal Procedure, the Northern District of California’s Local Rules and General Orders, and this standing order, all of 11 For the Northern District of California United States District Court 10 which are available at http://www.cand.uscourts.gov. Failure to comply with any of the rules or 12 orders may be grounds for monetary sanctions, dismissal, entry of judgment, or other appropriate 13 sanctions. CALENDAR DATES AND SCHEDULING 14 1. Criminal motions are heard on the second and fourth Thursdays of the month at 11:00 a.m., 15 or during the regular criminal calendar when Judge Ryu is on criminal calendar duty. Civil motions 16 are heard on the second and fourth Thursdays of the month at 11:00 a.m. Civil case management 17 conferences are heard on Wednesdays at 1:30 p.m. Civil pretrial conferences are heard on 18 Wednesdays at 3:00 p.m. 19 2. Parties must notice motions (other than discovery motions) pursuant to the local rules. 20 Parties need not reserve a hearing date, but should confirm the court’s availability at 21 http://www.cand.uscourts.gov. The court may reset hearing dates as the court’s calendar requires. 22 3. For scheduling questions, please call Judge Ryu’s courtroom deputy, Ivy Garcia, at (510) 23 637-3639. 24 CONSENT CASES 25 4. In civil cases that are randomly assigned to Judge Ryu for all purposes, each party should file 26 a written consent to the assignment of a United States Magistrate Judge for all purposes, or written 27 declination of consent, as soon as possible. If a party files a dispositive motion (such as a motion to 28 dismiss or a motion for remand), the moving party must file the consent or declination 1 simultaneously with the motion. In no event shall the consent or declination be filed later than the 2 deadlines specified in Civil L.R. 73-1(a)(1) and (2). 3 CHAMBERS COPIES AND PROPOSED ORDERS 4 5. 5 filings and mark it as a copy for “Chambers.” Please three-hole punch the chambers copy and 6 submit it to the Oakland Clerk’s Office. 7 6. 8 to dmrpo@cand.uscourts.gov as a word processing attachment on the same day the document is e- 9 filed. This address should only be used for this stated purpose unless otherwise directed by the Any stipulation or proposed order submitted by an e-filing party shall be submitted by email court. 11 For the Northern District of California United States District Court 10 Pursuant to Civil L.R. 5-1(e)(7) and 5-2(b), parties must lodge an extra paper copy of certain CIVIL CASE MANAGEMENT 12 7. 13 shall file a Joint Case Management Statement in full compliance with the Court's Standing Order for 14 All Judges of the Northern District of California governing “Contents of Joint Case Management 15 Statement,” available on the Court’s website. 16 8. 17 approval. Each party shall be represented in person at the Case Management Conference by lead 18 trial counsel (or a party if in pro se), who shall be (1) prepared to address all of the matters referred 19 to in the Northern District of California’s standing order on Joint Case Management Statements; and 20 (2) have full authority to enter stipulations and make admissions pursuant to that order. Permission 21 for a party to attend by telephone may be granted, in the court's discretion, upon written request 22 made at least one week in advance of the hearing if the court determines that good cause exists to 23 excuse personal attendance, and that personal attendance is not needed in order to have an effective 24 conference. The facts establishing good cause must be set forth in the request. 25 9. 26 reporter unless counsel requests a court reporter in advance. No later than seven days before the initial case management or status conference, the parties Parties may not stipulate to continue a case management or pretrial conference without court All case management conferences are audio recorded. They are not reported by a court 27 28 CIVIL DISCOVERY Discovery Disputes 3 1 10. 2 the court uses the following procedure. The parties shall not file formal discovery motions. Instead, 3 as required by the federal and local rules, the parties shall first meet and confer to try to resolve their 4 disagreements. The meet and confer session must be in person or by telephone, and may not be 5 conducted by letter, e-mail, or fax. If disagreements remain, the parties shall file a joint letter no 6 later than five business days after the meet and confer session, unless otherwise directed by the 7 court. Lead trial counsel for both parties must sign the letter, which shall include an attestation 8 that the parties met and conferred in person or by telephone regarding all issues prior to filing the 9 letter. Going issue-by-issue, the joint letter shall describe each unresolved issue, summarize each In order to respond to discovery disputes in a flexible, cost-effective and efficient manner, party’s position with appropriate legal authority; and provide each party’s final proposed 11 For the Northern District of California United States District Court 10 compromise before moving to the next issue. The joint letter shall not exceed ten pages without 12 leave of court. Parties are expected to plan for and cooperate in preparing the joint letter so 13 that each side has adequate time to address the arguments. In the rare instance that a joint letter 14 is not possible, each side may submit a letter not to exceed four pages, which shall include an 15 explanation of why a joint letter was not possible. The parties shall submit one exhibit to the letter 16 that only sets forth each disputed discovery request in full, followed immediately by the objections 17 and/or responses thereto. No other information shall be included in any such exhibit. No other 18 exhibits shall be submitted without prior approval by the court. The court will review the 19 submission(s) and determine whether formal briefing or proceedings are necessary. Discovery 20 letter briefs must be e-filed under the Civil Events category of Motions and Related Filings > 21 Motions - General > "Discovery Letter Brief". 22 11. 23 and beneficial for counsel to appear in person. This provides the opportunity, where appropriate, to 24 engage counsel in resolving aspects of the discovery dispute while remaining available to rule on 25 any disputes that counsel are not able to resolve. For this reason, the court expects counsel to appear 26 in person. Permission for a party to attend by telephone may be granted, in the court's discretion, 27 upon written request made at least one week in advance of the hearing if the court determines that 28 good cause exists to excuse personal attendance, and that personal attendance is not needed in order In the event that a discovery hearing is ordered, the court has found that it is often efficient 4 1 to have an effective discovery hearing. The facts establishing good cause must be set forth in the 2 request. 3 12. 4 good faith attempts to resolve disputed issues, seek judicial intervention pursuant to Civil L.R. 37- 5 1(b) by contacting the court through the courtroom deputy. If the court is unavailable, the discovery 6 event shall proceed with objections noted for the record. 7 Privilege Logs 8 13. 9 privileged or otherwise protected from discovery, that party shall promptly prepare and provide a In emergencies during discovery events (such as depositions), any party may, after exhausting If a party withholds information that is responsive to a discovery request by claiming that it is privilege log that is sufficiently detailed and informative for the opposing party to assess whether a 11 For the Northern District of California United States District Court 10 document’s designation as privileged is justified. See Fed.R.Civ.P. 26(b)(5). The privilege log shall 12 set forth the privilege relied upon and specify separately for each document or for each category of 13 similarly situated documents: 14 (a) the title and description of the document, including number of pages or Bates-number 15 range; 16 (b) the subject matter addressed in the document; 17 (c) the identity and position of its author(s); 18 (d) the identity and position of all addressees and recipients; 19 (e) the date the document was prepared and, if different, the date(s) on which it was sent to or 20 shared with persons other than its author(s); and 21 (f) the specific basis for the claim that the document is privileged or protected. 22 Communications involving trial counsel that post-date the filing of the complaint need not be placed 23 on a privilege log. Failure to furnish this information promptly may be deemed a waiver of the 24 privilege or protection. 25 SUMMARY JUDGMENT 26 14. 27 facts not in dispute by citations to admissible evidence. If the parties are unable to reach complete 28 agreement after meeting and conferring, they shall file a joint statement of the undisputed facts about Motions for summary judgment shall be accompanied by a joint statement of the material 5 1 which they do agree. Separate statements of undisputed facts shall not be filed and will not be 2 considered by the court. 3 UNREPRESENTED (PRO SE) PARTIES 4 15. 5 Lawyer” on the Court’s homepage, www.cand.uscourts.gov. The link discusses the Court’s “Legal 6 Help Center” for unrepresented parties which is located on the 15th floor, room 2796, of the United 7 States Courthouse, 450 Golden Gate Avenue, San Francisco. Parties representing themselves should visit the Quick Link titled “If You Don’t Have a 8 IT IS SO ORDERED. 9 11 For the Northern District of California United States District Court 10 ______________________________ DONNA M. RYU United States Magistrate Judge 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 6

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