Schmidt et al v. JP Morgan Chase Bank N.A. et al

Filing 28

ORDER Setting Case Management Conference. Case Management Statement due by 5/2/2013. Initial Case Management Conference set for 5/9/2013 11:00 AM. Signed by Magistrate Judge Donna M. Ryu on 03/26/2013. (dmrlc1, COURT STAFF) (Filed on 3/26/2013) (Additional attachment(s) added on 3/26/2013: # 1 Certificate/Proof of Service) (ig, COURT STAFF).

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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JAMES SCHMIDT

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For the Northern District of California

United States District Court

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No. C-13-00098-DMR

Plaintiff(s),
v.

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JP MORGAN CHASE,

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ORDER SETTING CASE
MANAGEMENT CONFERENCE AND
STANDING ORDER FOR MAGISTRATE
JUDGE DONNA M. RYU
[Reassigned Case]

Defendant(s).
___________________________________/

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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

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Management Conference shall be held in this case before the Honorable Donna M. Ryu on May 9,

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2013, at 11:00 a.m., in Courtroom 4, 3rd Floor, U.S. District Court, 1301 Clay Street, Oakland,

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California.

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No later than April 18, 2013, the parties shall (1) meet and confer regarding Fed.R.Civ.P. 26

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initial disclosures, early settlement, ADR process selection, and a discovery plan; (2) file an ADR

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Certification (form available at http://www.cand.uscourts.gov) signed by the parties and counsel

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pursuant to A.D.R. L.R. 3-5(b); and (3) file either a Stipulation to ADR Process or Notice of Need

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for ADR Phone Conference (form available at http://www.cand.uscourts.gov) pursuant to ADR L.R.

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3-5(b) & (c).

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No later than May 2, 2013, the parties shall file a Joint Case Management Statement in
conformance with Judge Ryu's attached Standing Order.

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Each attorney of record in all "E-Filing" cases is obligated to become an ECF User

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and be assigned a user ID and password for access to the system upon designation of the action as

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being subject to ECF. Registration shall be on a form prescribed by the Clerk. Attorneys of record

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who fail to register timely shall be subject to such sanctions as may be imposed by the Court.

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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 Procedure,

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For the Northern District of California

United States District Court

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

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which are available at http://www.cand.uscourts.gov. Failure to comply with any of the rules or

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

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sanctions.
CALENDAR DATES AND SCHEDULING

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1.

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

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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.

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

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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.

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

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637-3639.
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CONSENT CASES
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4.

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

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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
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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CHAMBERS COPIES AND PROPOSED ORDERS

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5.

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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

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

court.

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For the Northern District of California

United States District Court

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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

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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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8.

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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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9.

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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
Discovery Disputes

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

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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

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

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For the Northern District of California

United States District Court

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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

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

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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.

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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

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

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For the Northern District of California

United States District Court

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document’s designation as privileged is justified. See Fed.R.Civ.P. 26(b)(5). The privilege log shall

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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 or

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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 about

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

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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.

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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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For the Northern District of California

United States District Court

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______________________________
DONNA M. RYU
United States Magistrate Judge

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