Heartland Payment Systems, Inc. v. Mercury Payments Systems LLC
ORDER re Case Referred to Magistrate Judge for Discovery, 45 Order Referring Case to Magistrate Judge for Discovery, Order Referring Motion. Signed by Magistrate Judge Maria-Elena James on 7/3/2014. (rmm2S, COURT STAFF) (Filed on 7/3/2014) (Additional attachment(s) added on 7/3/2014: # 1 Standing Order - Discovery) (rmm2S, COURT STAFF).
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA, SAN FRANCISCO DIVISION
DISCOVERY STANDING ORDER FOR
MAGISTRATE JUDGE MARIA-ELENA JAMES
(Revised February 19, 2014)
This standing order informs all parties of the discovery procedures for cases assigned to
Magistrate Judge Maria-Elena James or referred for purposes of discovery. This Order addresses
all case-related discovery, including that which involves non-parties, and therefore applies
whether or not an individual or entity is named in the complaint. Failure to abide by this
Standing Order may result in the imposition of sanctions pursuant to Federal Rule of Civil
Procedure 16(f) and Civil Local Rule 37-3.
All questions should be directed to Judge James’ Courtroom Deputy, Rose Maher, at
firstname.lastname@example.org or (415) 522-4708.
Parties shall propound discovery in accordance with Federal Rules of Civil/Criminal
Procedure and the corresponding Civil/Criminal Local Rules for the Northern District of
California. A copy of the Local Rules is available at http://www.cand.uscourts.gov/rules.
No motions to compel shall be considered. Instead, the parties must meet and confer in
person for the purpose of resolving all disputes. If unable to resolve any disputes, the
parties shall draft and file a jointly-signed letter that contains the following:
A cover page with the case caption, an attestation that the parties met and
conferred in person in a good faith attempt to resolve their dispute(s) prior
to filing the letter, and the signature of both parties or counsel;
A joint section setting forth the unresolved dispute, any pertinent factual
background, and requested relief; and
Each party’s position, including citations to relevant legal authority.
The joint letter shall be limited to five pages, excluding the cover page, and may not be
accompanied by exhibits or affidavits other than exact copies of interrogatories, requests
for production of documents and/or responses, privilege logs, and relevant deposition
testimony. It is preferable that the parties file a separate letter for each dispute.
In the event that the parties are unable to meet and confer as directed above, or a moving
party is unable to obtain the opposing party’s portion of a joint letter after the meet and
confer session, the moving party shall file a written request for a telephonic conference
for the purpose of enforcing the Court’s meet and confer requirement, or for the Court to
fashion an alternative procedure. The written request shall include a declaration which
states any attempt to meet and confer and/or obtain the joint letter, the reasons for the
inability to comply with the standing order, and (if possible) three dates and times during
which all parties are available for a telephonic conference. The moving party may attach
exhibits to the declaration, but the declaration and exhibits combined may not exceed
seven pages. The Court will not excuse a party from the requisite in-person meeting
unless good cause is shown.
In the event that the parties are participating in a deposition or a site inspection and a
dispute arises, the parties may contact the courtroom deputy, Rose Maher, to inquire
whether Magistrate Judge James is available to address the dispute telephonically. In the
event she is unavailable, the parties shall follow the procedures for requesting a
telephonic conference as set forth in paragraph 3 above. In such a case, the deposition or
site inspection shall proceed with objections noted for the record.
No motion for sanctions may be filed until after the moving party has complied with the
requirements of paragraphs 2 and 3 above. Motions for sanctions shall be filed
separately, pursuant to Federal Rule 37 and Civil Local Rules 7 and 37-3.
The parties shall comply with Civil Local Rule 6 regarding any requests to change time.
Pursuant to Civil Local Rule 11-4(c), with the exception of communication with the
courtroom deputy regarding scheduling, no party may contact the Court ex parte without
prior notice to the opposing party. All communications or questions to the Court shall be
presented in writing, properly filed, and include a certification that all parties were
The parties do not need to submit chambers copies, with the exception of documents that
exceed ten pages when combined. For these documents only, the submitting party must
comply with the timing requirements in Civil Local Rule 5-1(e)(7). All chambers copies
must be double-sided when possible and include (1) the running header created by the
ECF system at the top of each page, and (2) exhibits, if any, that are clearly delineated
with tabbed dividers. These printed copies shall be marked “Chambers Copy” and
submitted to the Clerk’s Office (not chambers), in an envelope marked with “Magistrate
Judge James,” the case number, and “Chambers Copy.”
IT IS SO ORDERED.
United States Magistrate Judge
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