Jajco, Inc. v. Leader Drug Stores, Inc. et al

Filing 40

NOTICE of referral and ORDER re discovery procedures. Signed by Magistrate Judge Laurel Beeler on 4/19/2013. (Attachments: # 1 Standing Order)(lblc2, COURT STAFF) (Filed on 4/22/2013)

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1 2 3 4 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION STANDING ORDER FOR UNITED STATES MAGISTRATE JUDGE LAUREL BEELER (Effective April 1, 2013) local rules, the general orders, this standing order, and the Northern District’s general standing order 7 for civil cases titled “Contents of Joint Case Management Statement.” These rules and a summary of 8 electronic filing requirements (including the procedures for emailing proposed orders to chambers) are 9 available at http://www.cand.uscourts.gov (click “Rules” or “ECF-PACER”). The parties’ failure to 10 comply with any of the rules may be a ground for monetary sanctions, dismissal, entry of judgment, or 11 For the Northern District of California Parties must comply with the procedures in the Federal Rules of Civil or Criminal Procedure, the 6 United States District Court 5 other appropriate sanctions. 12 A. CALENDAR DATES AND SCHEDULING 13 1. Motions are heard on the first and third Thursdays of the month: civil motions at 9:30 a.m. and 14 criminal motions at 10:30 a.m. Case management conferences are every Thursday: criminal cases at 15 10:30 a.m. and civil cases at 11:00 a.m. Parties should notice motions under the local rules and need 16 not reserve a hearing date in advance if the date is available on the court’s calendar (click “Calendars” 17 at http://www.cand.uscourts.gov). Depending on its schedule, the court may reset or vacate hearings. 18 Please call courtroom deputy Lashanda Scott at (415) 522-3140 with scheduling questions. 19 B. CHAMBERS COPIES 20 2. Under Civil Local Rule 5-1(b), parties must lodge a paper “Chambers” copy of any filing. Please 21 provide a three-hole-punched,two-sided copy unless another format makes more sense (e.g., for 22 spreadsheets, pictures, or exhibits). Parties need not submit copies of certificates of service, certificates 23 of interested entities or persons, consents or declinations to the court’s jurisdiction, stipulations that do 24 not require a court order (see Local Civil Rule 6-1), and notices of appearance or substitution of counsel. 25 C. CIVIL DISCOVERY 26 3. Evidence Preservation. After a party has notice of this order, it must take the steps needed to 27 preserve information relevant to the issues in this action, including suspending any document destruction 28 programs (including destruction programs for electronically-maintained material). STANDING ORDER FOR UNITED STATES MAGISTRATE JUDGE LAUREL BEELER 1 4. Production of Documents In Original Form. When searching for material under Federal Rule 2 of Civil Procedure 26(a)(1) or after a Federal Rule of Civil Procedure 34(a) request, parties (a) must 3 search all locations – electronic and otherwise – where responsive materials might plausibly exist, and 4 (b) to the maximum extent feasible, produce or make available for copying and/or inspection the 5 materials in their original form, sequence, and organization (including, for example, file folders). 45(d)(2)(A), it must produce a privilege log as quickly as possible, but no later than fourteen days after 8 its disclosures or discovery responses are due unless the parties stipulate to, or the Court sets, another 9 date. Privilege logs must contain the following: (a) the subject matter or general nature of the document 10 (without disclosing its contents); (b) the identity and position of its author; (c) the date it was 11 For the Northern District of California 5. Privilege Logs. If a party withholds material as privileged, see Fed. R. Civ. P. 26(b)(5) and 7 United States District Court 6 communicated; (d) the identity and position of all addressees and recipients of the communication; 12 (e) the document’s present location; (f) the specific privilege and a brief summary of any supporting 13 facts; and (g) the steps taken to ensure the confidentiality of the communication, including an 14 affirmation that no unauthorized persons received the communication. 15 6. Expedited Procedures for Discovery Disputes. The parties may not file formal discovery 16 motions. Instead, and as required by the federal rules and local rules, the parties must meet and confer 17 to try to resolve their disagreements. See Fed. R. Civ. P. 37(a)(1); Civil L. R. 37-1. After attempting 18 other means of conferring such as letters, phone calls, or emails, lead counsel for the parties must meet 19 and confer in person. (If counsel are located outside of the Bay Area and cannot confer in person, lead 20 counsel may meet and confer by telephone.) Either party may demand such a meeting with ten days' 21 notice. If the parties cannot agree on the location, the location for meetings will alternate. Plaintiff's 22 counsel will select the first location, defense counsel will select the second location, and so forth. If the 23 parties do not resolve their disagreements through this procedure, the parties must file a joint letter brief 24 of no more than five pages instead of a formal motion five days after lead counsels' in-person meet- 25 and-confer. The letter brief must be filed under the Civil Events category of “Motions and Related 26 Filings > Motions – General > Discovery Letter Brief.” Lead counsel for both parties must sign the 27 letter and attest that they met and conferred in person. The joint letter must set out each issue in a 28 separate section and include in that section each parties’ position (with appropriate legal authority) and STANDING ORDER FOR UNITED STATES MAGISTRATE JUDGE LAUREL BEELER 2 1 proposed compromise. (This process allows a side-by-side analysis of each disputed issue.) If the 2 disagreement concerns specific discovery that a party has propounded, such as interrogatories, requests 3 for production of documents, or answers or objections to such discovery, the parties must reproduce the 4 question/request and the response in its entirety in the letter. The Court then will review the letter and 5 determine whether future proceedings are necessary. In emergencies during discovery events such as 6 depositions, the parties may contact the Court pursuant to Civil Local Rule 37-1(b). 7. In cases that are assigned to Judge Beeler for all purposes, the parties must file their written 9 consent or declination of consent to the assignment of a United States Magistrate Judge for all purposes 10 as soon as possible. If a party files a dispositive motion (such as a motion to dismiss or a motion for 11 For the Northern District of California D. CONSENT CASES 8 United States District Court 7 remand), the moving party must file the consent or declination simultaneously with the motion, and the 12 party opposing the motion must file the consent or declination simultaneously with the opposition. 13 8. The first joint case management conference statement in a case must contain all of the 14 information in the Northern District’s standing order titled “Contents of Joint Case Management 15 Statement.” 16 information contained in an earlier statement and instead should report only progress or changes since 17 the last case management conference and any new recommendations for case management. Subsequent statements for further case management conferences must not repeat 18 E. SUMMARY JUDGMENT MOTIONS 19 9. Motions for summary judgment must be accompanied by a joint statement of the material facts 20 that the parties agree are not in dispute. The joint statement must include – for each undisputed fact – 21 citations to admissible evidence. The parties must comply with the procedures set forth in Civil Local 22 Rule 56-2(b). The parties may not file – and the Court will not consider – separate statements of 23 undisputed facts. Failure to stipulate to an undisputed fact without a reasonable basis for doing so may 24 result in sanctions. See Civil L. R. 56-2(b). 25 26 27 IT IS SO ORDERED. _______________________________ LAUREL BEELER United States Magistrate Judge 28 STANDING ORDER FOR UNITED STATES MAGISTRATE JUDGE LAUREL BEELER 3

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