Nguyen v. City of Union City et al

Filing 28

Order by Magistrate Judge Donna M. Ryu denying 26 Stipulation. Theparties are ordered to revise the proposed Protective Order to comply with the procedures in this court's Standing Order re Discovery, including modifying Section 6.3 to track the procedures in the Standing Order, by no later than November 13, 2013. (dmrlc2, COURT STAFF) (Filed on 11/7/2013) Modified on 11/7/2013 (dmrlc2, COURT STAFF).

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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 TIEN VAN NGUYEN, 12 13 No. C-13-01753 DMR Plaintiff(s), v. 14 CITY OF UNION CITY, 15 ORDER RE PROPOSED PROTECTIVE ORDER AND DISCOVERY PROCEDURES Defendant(s). ___________________________________/ 16 17 Before the court is the parties’ stipulated proposed Protective Order. [Docket No. 26.] The 18 parties are ordered to revise the proposed Protective Order to comply with the procedures in this 19 court’s Standing Order re Discovery (see below), including modifying Section 6.3 to track the 20 procedures in the Standing Order, by no later than November 13, 2013. 21 Parties shall comply with the procedures in this order, the Federal Rules of Civil Procedure, 22 and the Northern District of California’s Local Rules, General Orders, and Standing Orders. Local 23 rules, general orders, standing orders, and instructions for using the Court's Electronic Case Filing 24 system are available at Failure to comply with any of the rules or 25 orders may be a ground for sanctions. 26 27 28 RESOLUTION OF DISCOVERY DISPUTES In order to respond to discovery disputes in a flexible, cost-effective and efficient manner, the court uses the following procedure. The parties shall not file formal discovery motions. Instead, disagreements. The meet and confer session must be in person or by telephone, and may not be 3 conducted by letter, e-mail, or fax. If disagreements remain, the parties shall file a joint letter no 4 later than five business days after the meet and confer session, unless otherwise directed by the 5 court. Lead trial counsel for both parties must sign the letter, which shall include an attestation 6 that the parties met and conferred in person or by telephone regarding all issues prior to filing the 7 letter. Going issue-by-issue, the joint letter shall describe each unresolved issue, summarize each 8 party’s position with appropriate legal authority; and provide each party’s final proposed 9 compromise before moving to the next issue. The joint letter shall not exceed ten pages without 10 leave of court. Parties are expected to plan for and cooperate in preparing the joint letter so 11 For the Northern District of California as required by the federal and local rules, the parties shall first meet and confer to try to resolve their 2 United States District Court 1 that each side has adequate time to address the arguments. In the rare instance that a joint letter 12 is not possible, each side may submit a letter not to exceed four pages, which shall include an 13 explanation of why a joint letter was not possible. The parties shall submit one exhibit to the letter 14 that only sets forth each disputed discovery request in full, followed immediately by the objections 15 and/or responses thereto. No other information shall be included in any such exhibit. No other 16 exhibits shall be submitted without prior approval by the court. The court will review the 17 submission(s) and determine whether formal briefing or proceedings are necessary. Discovery 18 letter briefs must be e-filed under the Civil Events category of Motions and Related Filings > 19 Motions - General > "Discovery Letter Brief". 20 In the event that a discovery hearing is ordered, the court has found that it is often efficient 21 and beneficial for counsel to appear in person. This provides the opportunity, where appropriate, to 22 engage counsel in resolving aspects of the discovery dispute while remaining available to rule on 23 any disputes that counsel are not able to resolve. For this reason, the court expects counsel to appear 24 in person. Permission for a party to attend by telephone may be granted, in the court's discretion, 25 upon written request made at least one week in advance of the hearing if the court determines that 26 good cause exists to excuse personal attendance, and that personal attendance is not needed in order 27 to have an effective discovery hearing. The facts establishing good cause must be set forth in the 28 request. 2 1 In emergencies during discovery events (such as depositions), any party may, after 2 exhausting good faith attempts to resolve disputed issues, seek judicial intervention pursuant to Civil 3 L.R. 37-1(b) by contacting the court through the courtroom deputy. If the court is unavailable, the 4 discovery event shall proceed with objections noted for the record. 5 CHAMBERS COPIES AND PROPOSED ORDERS 6 Pursuant to Civil L.R. 5-1(e)(7) and 5-2(b), parties must lodge an extra paper copy of certain 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 Any stipulation or proposed order submitted by an e-filing party shall be submitted by email to 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 PRIVILEGE LOGS 14 If a party withholds information that is responsive to a discovery request by claiming that it 15 is privileged or otherwise protected from discovery, that party shall promptly prepare and provide a 16 privilege log that is sufficiently detailed and informative for the opposing party to assess whether a 17 document’s designation as privileged is justified. See Fed.R.Civ.P. 26(b)(5). The privilege log shall 18 set forth the privilege relied upon and specify separately for each document or for each category of 19 similarly situated documents: 20 (a) the title and description of the document, including number of pages or 21 Bates-number range; 22 (b) the subject matter addressed in the document; 23 (c) the identity and position of its author(s); 24 (d) the identity and position of all addressees and recipients; 25 (e) the date the document was prepared and, if different, the date(s) on which it was 26 sent to or shared with persons other than its author(s); and 27 (f) the specific basis for the claim that the document is privileged or protected. 28 3 1 Communications involving trial counsel that post-date the filing of the complaint need not be 2 placed on a privilege log. Failure to furnish this information promptly may be deemed a waiver of 3 the privilege or protection. 4 5 IT IS SO ORDERED. 6 7 Dated: November 7, 2013 8 DONNA M. RYU United States Magistrate Judge 9 11 For the Northern District of California United States District Court 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4

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