Lehman Brothers Holdings Inc. v. Parkside Lending, LLC

Filing 23

ORDER re 22 STIPULATION WITH PROPOSED ORDER Stipulated Protective Order filed by Lehman Brothers Holdings Inc. The parties are directed to revise the proposed Protective Order to comply with the procedures in this order by April 17, 2013. Signed by Judge Donna M. Ryu on 04/09/13. (dmrlc2, COURT STAFF) (Filed on 4/9/2013)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 NORTHERN DISTRICT OF CALIFORNIA 11 For the Northern District of California United States District Court 10 LEHMAN BROTHERS HOLDINGS, 12 13 Plaintiff(s), v. 14 ORDER RE DISCOVERY PROCEDURES, ORDER TO REVISE PROPOSED PROTECTIVE ORDER PARKSIDE LENDING, et al. 15 No. C-12-05571 DMR Defendant(s). ___________________________________/ 16 17 18 TO ALL PARTIES AND COUNSEL OF RECORD: Before the court is the parties’ Stipulated Protective Order. [Docket No. 22.] The parties are 19 directed to revise the proposed Protective Order to comply with the procedures in this order, 20 including by modifying Section 4, regarding judicial intervention, to track the procedures in this 21 order, by April 17, 2013. 22 Parties shall comply with the procedures in this order, the Federal Rules of Civil Procedure, 23 and the Northern District of California’s Local Rules, General Orders, and Standing Orders. Local 24 rules, general orders, standing orders, and instructions for using the Court's Electronic Case Filing 25 system are available at http://www.cand.uscourts.gov. Failure to comply with any of the rules or 26 orders may be a ground for sanctions. 27 28 1 2 RESOLUTION OF DISCOVERY DISPUTES In order to respond to discovery disputes in a flexible, cost-effective and efficient manner, as required by the federal and local rules, the parties shall first meet and confer to try to resolve their 5 disagreements. The meet and confer session must be in person or by telephone, and may not be 6 conducted by letter, e-mail, or fax. If disagreements remain, the parties shall file a joint letter no 7 later than five business days after the meet and confer session, unless otherwise directed by the 8 court. Lead trial counsel for both parties must sign the letter, which shall include an attestation 9 that the parties met and conferred in person or by telephone regarding all issues prior to filing the 10 letter. Going issue-by-issue, the joint letter shall describe each unresolved issue, summarize each 11 For the Northern District of California the court uses the following procedure. The parties shall not file formal discovery motions. Instead, 4 United States District Court 3 party’s position with appropriate legal authority; and provide each party’s final proposed 12 compromise before moving to the next issue. The joint letter shall not exceed ten pages without 13 leave of court. Parties are expected to plan for and cooperate in preparing the joint letter so 14 that each side has adequate time to address the arguments. In the rare instance that a joint letter 15 is not possible, each side may submit a letter not to exceed four pages, which shall include an 16 explanation of why a joint letter was not possible. The parties shall submit one exhibit to the letter 17 that only sets forth each disputed discovery request in full, followed immediately by the objections 18 and/or responses thereto. No other information shall be included in any such exhibit. No other 19 exhibits shall be submitted without prior approval by the court. The court will review the 20 submission(s) and determine whether formal briefing or proceedings are necessary. Discovery 21 letter briefs must be e-filed under the Civil Events category of Motions and Related Filings > 22 Motions - General > "Discovery Letter Brief". 23 In the event that a discovery hearing is ordered, the court has found that it is often efficient 24 and beneficial for counsel to appear in person. This provides the opportunity, where appropriate, to 25 engage counsel in resolving aspects of the discovery dispute while remaining available to rule on 26 any disputes that counsel are not able to resolve. For this reason, the court expects counsel to appear 27 in person. Permission for a party to attend by telephone may be granted, in the court's discretion, 28 upon written request made at least one week in advance of the hearing if the court determines that 2 1 good cause exists to excuse personal attendance, and that personal attendance is not needed in order 2 to have an effective discovery hearing. The facts establishing good cause must be set forth in the 3 request. 4 In emergencies during discovery events (such as depositions), any party may, after 5 exhausting good faith attempts to resolve disputed issues, seek judicial intervention pursuant to Civil 6 L.R. 37-1(b) by contacting the court through the courtroom deputy. If the court is unavailable, the 7 discovery event shall proceed with objections noted for the record. 8 CHAMBERS COPIES AND PROPOSED ORDERS 9 Pursuant to Civil L.R. 5-1(e)(7) and 5-2(b), parties must lodge an extra paper copy of certain filings and mark it as a copy for “Chambers.” Please three-hole punch the chambers copy and 11 For the Northern District of California United States District Court 10 submit it to the Oakland Clerk’s Office. 12 Any stipulation or proposed order submitted by an e-filing party shall be submitted by email 13 to dmrpo@cand.uscourts.gov as a word processing attachment on the same day the document is e- 14 filed. This address should only be used for this stated purpose unless otherwise directed by the 15 court. 16 PRIVILEGE LOGS 17 If a party withholds information that is responsive to a discovery request by claiming that it 18 is privileged or otherwise protected from discovery, that party shall promptly prepare and provide a 19 privilege log that is sufficiently detailed and informative for the opposing party to assess whether a 20 document’s designation as privileged is justified. See Fed.R.Civ.P. 26(b)(5). The privilege log shall 21 set forth the privilege relied upon and specify separately for each document or for each category of 22 similarly situated documents: 23 (a) the title and description of the document, including number of pages or 24 Bates-number range; 25 (b) the subject matter addressed in the document; 26 (c) the identity and position of its author(s); 27 (d) the identity and position of all addressees and recipients; 28 3 1 (e) the date the document was prepared and, if different, the date(s) on which it was 2 sent to or shared with persons other than its author(s); and 3 (f) the specific basis for the claim that the document is privileged or protected. 4 Communications involving trial counsel that post-date the filing of the complaint need not be 5 placed on a privilege log. Failure to furnish this information promptly may be deemed a waiver of 6 the privilege or protection. 7 8 IT IS SO ORDERED. 9 Dated: April 9, 2013 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 4

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