Opperman et al v. Path, Inc. et al

Filing 222

ORDER Case Management Statement due by 3/20/2013. Initial Case Management Conference set for 3/27/2012 01:30 PM. Signed by Magistrate Judge Donna M. Ryu on 2/4/2013. (dmrlc2, COURT STAFF) (Filed on 2/4/2013)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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MARK OPPERMAN ET AL,

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For the Northern District of California

United States District Court

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Plaintiff(s),
v.

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PATH INC ET AL,

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No. C-13-453 (DMR)
ORDER SETTING CASE
MANAGEMENT CONFERENCE AND
STANDING ORDER FOR MAGISTRATE
JUDGE DONNA M. RYU
[Transferred Case]

Defendant(s).
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INITIAL CASE MANAGEMENT CONFERENCE
TO ALL PARTIES AND COUNSEL OF RECORD:

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The above-entitled matter having been assigned to the Honorable Donna M. Ryu,

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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 March

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27, 2013, at 1:30 p.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 March 6, 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 March 20, 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,
the Northern District of California’s Local Rules and General Orders, and this standing order, all of

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For the Northern District of California

United States District Court

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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
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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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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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6.

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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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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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