Lord Abbett Municipal Income Fund, Inc. v. Stone & Youngberg, LLC, et al.

Filing 33

ORDER Setting Case Management Conference and Denying 30 STIPULATION WITH PROPOSED ORDER re Reassignment and Consolidation filed by Lord Abbett Municipal Income Fund, Inc. Case Management Statement due by 2/13/2013. Case Management Conference set for 2/20/2013 01:30 PM. Signed by Magistrate Judge Donna M. Ryu on 12/19/2012. (dmrlc1, COURT STAFF) (Filed on 12/19/2012)

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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 NORTHERN DISTRICT OF CALIFORNIA 9 LORD ABBETT MUNICIPAL 11 For the Northern District of California United States District Court 10 Plaintiff(s), v. 12 STONE & YOUNGBERG, 13 No. C-12-06185-DMR 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 Federal Rule of Civil Procedure 16 and Civil Local 21 Rule 16-10, that a Case Management Conference shall be held in this case before the Honorable 22 Donna M. Ryu on February 20, 2012, at 1:30 p.m., in Courtroom 4, 3rd Floor, U.S. District Court, 23 1301 Clay Street, Oakland, California. 24 No later than January 30, 2013, the parties shall (1) meet and confer regarding Fed.R.Civ.P. 25 26 initial disclosures, early settlement, ADR process selection, and a discovery plan; (2) file an ADR 26 Certification (form available at http://www.cand.uscourts.gov) signed by the parties and counsel 27 pursuant to A.D.R. L.R. 3-5(b); and (3) file either a Stipulation to ADR Process or Notice of Need 28 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 February 13, 2013, 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 Any motions shall be noticed for hearing in accordance with Judge Ryu’s Standing Order 8 and the local rules. The parties’ Stipulation and Proposed Order re Reassignment and Consolidation 9 is denied. [Docket No. 30.] STANDING ORDER FOR MAGISTRATE JUDGE DONNA M. RYU (Revised July 3, 2012) 11 For the Northern District of California United States District Court 10 12 Parties shall comply with the procedures in the Federal Rules of Civil or Criminal Procedure, 13 the Northern District of California’s Local Rules and General Orders, and this standing order, all of 14 which are available at http://www.cand.uscourts.gov. Failure to comply with any of the rules or 15 orders may be grounds for monetary sanctions, dismissal, entry of judgment, or other appropriate 16 sanctions. CALENDAR DATES AND SCHEDULING 17 1. Criminal motions are heard on the second and fourth Thursdays of the month at 11:00 a.m., 18 or during the regular criminal calendar when Judge Ryu is on criminal calendar duty. Civil motions 19 are heard on the second and fourth Thursdays of the month at 11:00 a.m. Civil case management 20 conferences are heard on Wednesdays at 1:30 p.m. Civil pretrial conferences are heard on 21 Wednesdays at 3:00 p.m. 22 2. Parties must notice motions (other than discovery motions) pursuant to the local rules. 23 Parties need not reserve a hearing date, but should confirm the court’s availability at 24 http://www.cand.uscourts.gov. The court may reset hearing dates as the court’s calendar requires. 25 3. For scheduling questions, please call Judge Ryu’s courtroom deputy, Ivy Garcia, at (510) 26 637-3639. 27 CONSENT CASES 28 4. In civil cases that are randomly assigned to Judge Ryu for all purposes, each party should file a written consent to the assignment of a United States Magistrate Judge for all purposes, or written 1 declination of consent, as soon as possible. If a party files a dispositive motion (such as a motion to 2 dismiss or a motion for remand), the moving party must file the consent or declination 3 simultaneously with the motion. In no event shall the consent or declination be filed later than the 4 deadlines specified in Civil L.R. 73-1(a)(1) and (2). 5 CHAMBERS COPIES AND PROPOSED ORDERS 6 5. 7 filings and mark it as a copy for “Chambers.” Please three-hole punch the chambers copy and 8 submit it to the Oakland Clerk’s Office. 9 6. 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 to dmrpo@cand.uscourts.gov as a word processing attachment on the same day the document is e- 11 For the Northern District of California United States District Court 10 filed. This address should only be used for this stated purpose unless otherwise directed by the 12 court. 13 CIVIL CASE MANAGEMENT 14 7. 15 shall file a Joint Case Management Statement in full compliance with the Court's Standing Order for 16 All Judges of the Northern District of California governing “Contents of Joint Case Management 17 Statement,” available on the Court’s website. 18 8. 19 approval. Each party shall be represented in person at the Case Management Conference by lead 20 trial counsel (or a party if in pro se), who shall be (1) prepared to address all of the matters referred 21 to in the Northern District of California’s standing order on Joint Case Management Statements; and 22 (2) have full authority to enter stipulations and make admissions pursuant to that order. Permission 23 for a party to attend by telephone may be granted, in the court's discretion, upon written request 24 made at least one week in advance of the hearing if the court determines that good cause exists to 25 excuse personal attendance, and that personal attendance is not needed in order to have an effective 26 conference. The facts establishing good cause must be set forth in the request. 27 9. 28 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 CIVIL DISCOVERY 3 10. 3 the court uses the following procedure. The parties shall not file formal discovery motions. Instead, 4 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 Discovery Disputes 2 United States District Court 1 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 11. 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 In order to respond to discovery disputes in a flexible, cost-effective and efficient manner, In the event that a discovery hearing is ordered, the court has found that it is often efficient 4 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 12. 5 good faith attempts to resolve disputed issues, seek judicial intervention pursuant to Civil L.R. 37- 6 1(b) by contacting the court through the courtroom deputy. If the court is unavailable, the discovery 7 event shall proceed with objections noted for the record. 8 Privilege Logs 9 13. 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 privileged or otherwise protected from discovery, that party shall promptly prepare and provide a 11 For the Northern District of California United States District Court 10 privilege log that is sufficiently detailed and informative for the opposing party to assess whether a 12 document’s designation as privileged is justified. See Fed.R.Civ.P. 26(b)(5). The privilege log shall 13 set forth the privilege relied upon and specify separately for each document or for each category of 14 similarly situated documents: 15 (a) the title and description of the document, including number of pages or Bates-number 16 range; 17 (b) the subject matter addressed in the document; 18 (c) the identity and position of its author(s); 19 (d) the identity and position of all addressees and recipients; 20 (e) the date the document was prepared and, if different, the date(s) on which it was sent to or 21 shared with persons other than its author(s); and 22 (f) the specific basis for the claim that the document is privileged or protected. 23 Communications involving trial counsel that post-date the filing of the complaint need not be placed 24 on a privilege log. Failure to furnish this information promptly may be deemed a waiver of the 25 privilege or protection. 26 SUMMARY JUDGMENT 27 14. 28 facts not in dispute by citations to admissible evidence. If the parties are unable to reach complete Motions for summary judgment shall be accompanied by a joint statement of the material 5 1 agreement after meeting and conferring, they shall file a joint statement of the undisputed facts about 2 which they do agree. Separate statements of undisputed facts shall not be filed and will not be 3 considered by the court. 4 UNREPRESENTED (PRO SE) PARTIES 5 15. 6 Lawyer” on the Court’s homepage, www.cand.uscourts.gov. The link discusses the Court’s “Legal 7 Help Center” for unrepresented parties which is located on the 15th floor, room 2796, of the United 8 States Courthouse, 450 Golden Gate Avenue, San Francisco. Parties representing themselves should visit the Quick Link titled “If You Don’t Have a 9 IT IS SO ORDERED. 11 For the Northern District of California United States District Court 10 12 ______________________________ DONNA M. RYU United States Magistrate Judge 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 6

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