Software Rights Archives, LLC v. Twitter, Inc.

Filing 3

ADR SCHEDULING ORDER: Case Management Statement due by 10/31/2012. Case Management Conference set for 11/7/2012 01:30 PM. (Attachments: # 1 Standing Order)(vlk, COURT STAFF) (Filed on 7/27/2012)

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STANDING ORDER FOR
MAGISTRATE JUDGE DONNA M. RYU
(Revised July 3, 2012)

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Parties shall comply with the procedures in the Federal Rules of Civil (or Criminal)

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

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order, all of which are available at http://www.cand.uscourts.gov. Failure to comply with any of the

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

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appropriate sanctions.

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CALENDAR DATES AND SCHEDULING

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1.

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or during the regular criminal calendar when Judge Ryu is on criminal calendar duty. Civil motions

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

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

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Wednesdays at 3:00 p.m.

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2.

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

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

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3.

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637-3639.

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

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

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

CONSENT CASES

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

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declination of consent, as soon as possible. If a party files a dispositive motion (such as a motion to

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dismiss or a motion for remand), the moving party must file the consent or declination

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simultaneously with the motion. In no event shall the consent or declination be filed later than the

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

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In civil cases that are randomly assigned to Judge Ryu for all purposes, each party should file

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CHAMBERS COPIES AND PROPOSED ORDERS

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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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to [e-mail] 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.

Pursuant to Civil L.R. 5-1(e)(7) and 5-2(b), parties must lodge an extra paper copy of certain

Any stipulation or proposed order submitted by an e-filing party shall be submitted by email

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CIVIL CASE MANAGEMENT

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shall file a Joint Case Management Statement in full compliance with the Court's Standing Order for

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All Judges of the Northern District of California governing “Contents of Joint Case Management

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Statement,” available on the Court’s website.

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approval. Each party shall be represented in person at the Case Management Conference by lead

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trial counsel (or a party if in pro se), who shall be (1) prepared to address all of the matters referred

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to in the Northern District of California’s standing order on Joint Case Management Statements; and

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(2) have full authority to enter stipulations and make admissions pursuant to that order. Permission

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for a party to attend by telephone may be granted, in the court's discretion, upon written request

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made at least one week in advance of the hearing if the court determines that good cause exists to

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excuse personal attendance, and that personal attendance is not needed in order to have an effective

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conference. The facts establishing good cause must be set forth in the request.

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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

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CIVIL DISCOVERY

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Discovery Disputes

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the court uses the following procedure. The parties shall not file formal discovery motions. Instead,

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

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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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and beneficial for counsel to appear in person. This provides the opportunity, where appropriate, to

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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.

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

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good faith attempts to resolve disputed issues, seek judicial intervention pursuant to Civil L.R. 37-

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1(b) by contacting the court through the courtroom deputy. If the court is unavailable, the discovery

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event shall proceed with objections noted for the record.

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Privilege Logs

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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

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

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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:

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

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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 sent to

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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 placed

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on a privilege log. Failure to furnish this information promptly may be deemed a waiver of the

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privilege or protection.

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SUMMARY JUDGMENT

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facts not in dispute by citations to admissible evidence. If the parties are unable to reach complete

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agreement after meeting and conferring, they shall file a joint statement of the undisputed facts

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about which they do agree. Separate statements of undisputed facts shall not be filed and will not be

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considered by the court.

Motions for summary judgment shall be accompanied by a joint statement of the material

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UNREPRESENTED (PRO SE) PARTIES

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Lawyer” on the Court’s homepage, www.cand.uscourts.gov. The link discusses the Court’s “Legal

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Help Center” for unrepresented parties which is located on the 15th floor, room 2796, of the United

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States Courthouse, 450 Golden Gate Avenue, San Francisco.

Parties representing themselves should visit the Quick Link titled “If You Don’t Have a

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IT IS SO ORDERED.

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______________________________
DONNA M. RYU
United States Magistrate Judge

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STANDING ORDER FOR ALL JUDGES
OF THE NORTHERN DISTRICT OF CALIFORNIA
CONTENTS OF JOINT CASE MANAGEMENT STATEMENT
Commencing July 1, 2011, 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 their statement
which, except in unusually complex cases, should not exceed ten pages:
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Jurisdiction and Service: The basis for the court’s subject matter jurisdiction over
plaintiff’s claims and defendant’s counterclaims, whether any issues exist
regarding personal jurisdiction or venue, whether any parties remain to be served,
and, if any parties remain to be served, a proposed deadline for service.

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Facts: A brief chronology of the facts and a statement of the principal factual
issues in dispute.

3.

Legal Issues: A brief statement, without extended legal argument, of the disputed
points of law, including reference to specific statutes and decisions.

4.

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

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Amendment of Pleadings: The extent to which parties, claims, or defenses are
expected to be added or dismissed and a proposed deadline for amending the
pleadings.

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Evidence Preservation: Steps taken to preserve evidence relevant to the issue
reasonably evident in this action, including interdiction of any documentdestruction program and any ongoing erasures of e-mails, voice mails, and other
electronically recorded material.

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Disclosures: Whether there has been full and timely compliance with the initial
disclosure requirements of Fed. R. Civ. P. 26 and a description of the disclosures
made.

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Discovery: Discovery taken to date, if any, the scope of anticipated discovery, any
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 a class action, a proposal for how and when the class will be
certified.

10.

Related Cases: Any related cases or proceedings pending before another judge of
this court, or before another court or administrative body.

Effective date: July 1, 2011 (Last Revised May 8, 2012)

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Relief: All relief sought through complaint or counterclaim, 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.

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Settlement and ADR: Prospects for settlement, ADR efforts to date, and a specific
ADR plan for the case, including compliance with ADR L.R. 3-5 and a description
of key discovery or motions necessary to position the parties to negotiate a
resolution.

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Consent to Magistrate Judge For All Purposes: Whether all parties will consent to
have a magistrate judge conduct all further proceedings including trial and entry
of judgment. ___ Yes ___ No

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Other References: Whether the case is suitable for reference to binding arbitration,
a special master, or the Judicial Panel on Multidistrict Litigation.

15.

Narrowing of Issues: Issues that can be narrowed by agreement or by motion,
suggestions to expedite the presentation of evidence at trial (e.g., through
summaries or stipulated facts), and any request to bifurcate issues, claims, or
defenses.

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Expedited Trial Procedure: Whether this is the type of case that can be handled
under the Expedited Trial Procedure of General Order No. 64 Attachment A. If all
parties agree, they shall instead of this Statement, file an executed Agreement for
Expedited Trial and a Joint Expedited Case Management Statement, in accordance
with General Order No. 64 Attachments B and D.

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Scheduling: Proposed dates for designation of experts, discovery cutoff, hearing of
dispositive motions, pretrial conference and trial.

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

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Disclosure of Non-party Interested Entities or Persons: Whether each party has
filed the “Certification of Interested Entities or Persons” required by Civil Local
Rule 3-16. In addition, each party must restate in the case management statement
the contents of its certification by identifying any persons, firms, partnerships,
corporations (including parent corporations) or other entities 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 of the proceeding.

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

Effective date: July 1, 2011 (Last Revised May 8, 2012)

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