Hirsch et al v. Brentwood Union School District et al
Filing
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Notice of Reference and ORDER re Discovery Procedures. Signed by Magistrate Judge Donna M. Ryu on 01/12/2016. (dmrlc1, COURT STAFF) (Filed on 1/12/2016)
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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ADAM HIRSCH, et al.,
Case No. 15-cv-04508-JSW (DMR)
Plaintiffs,
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v.
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United States District Court
Northern District of California
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BRENTWOOD UNION SCHOOL
DISTRICT, et al.,
NOTICE OF REFERENCE AND
ORDER RE: DISCOVERY
PROCEDURES
Defendants.
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TO ALL PARTIES AND COUNSEL OF RECORD:
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The above matter has been referred to Magistrate Judge Donna M. Ryu for resolution of
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all discovery matters. [Docket No. 19.] The parties may seek judicial intervention in discovery
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disputes following to the procedures in this order, the Federal Rules of Civil Procedure, and the
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Northern District of California’s Local Rules, General Orders, and Standing Orders. Local rules,
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general orders, standing orders, and instructions for using the Court’s Electronic Case Filing
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system are available at http://www.cand.uscourts.gov. Failure to comply may result in sanctions.
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RESOLUTION OF DISCOVERY DISPUTES
In order to respond to discovery disputes in a flexible, cost-effective and efficient manner,
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the court uses the following procedure. The parties shall not file formal discovery motions.
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Instead, as required by the federal and local rules, the parties shall first meet and confer to try to
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resolve their disagreements. The meet and confer session must be in person or by telephone, and
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may not be conducted by letter, e-mail, or fax. If disagreements remain, the parties shall file a
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joint letter no later than five business days after the meet and confer session, unless otherwise
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directed by the court. Lead trial counsel for both parties must sign the letter, which shall
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include an attestation that the parties met and conferred in person or by telephone regarding all
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issues prior to filing the letter. The letter must also include a paragraph listing relevant case
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management deadlines, including (1) the fact and expert discovery cut-off dates; (2) the last day
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to hear or file dispositive motions; (3) claim construction or class certification briefing deadlines
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and hearing dates; and (4) pretrial conference and trial dates. Going issue-by-issue, the joint letter
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shall describe each unresolved issue, summarize each party’s position with appropriate legal
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authority, and provide each party’s final proposed compromise before moving to the next issue.
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The joint letter shall not exceed five pages (12-point font or greater; margins no less than one
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inch) without leave of court. Parties are expected to plan for and cooperate in preparing the
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joint letter so that each side has adequate time to address the arguments. In the rare instance
that a joint letter is not possible, each side may submit a letter not to exceed two pages, which
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United States District Court
Northern District of California
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shall include an explanation of why a joint letter was not possible. The parties shall submit one
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exhibit that sets forth each disputed discovery request in full, followed immediately by the
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objections and/or responses thereto. No other information shall be included in the exhibit. No
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other exhibits shall be submitted without prior court approval. 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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The court has found that it is often efficient and beneficial for counsel to appear in person
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at discovery hearings. This provides the opportunity to engage counsel, where appropriate, in
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resolving aspects of the discovery dispute while remaining available to rule on disputes that
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counsel are not able to resolve themselves. For this reason, the court expects counsel to appear
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in person. Permission to attend by telephone may be granted upon written request made at least
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one week in advance of the hearing if the court determines that good cause exists to excuse
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personal attendance, and that personal attendance is not needed in order to have an effective
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discovery hearing. The facts establishing good cause must be set forth in the request.
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In emergencies during discovery events (such as depositions), any party may, after exhausting
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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
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discovery event shall proceed with objections noted for the record.
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CHAMBERS COPIES AND PROPOSED ORDERS
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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
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certain filings and mark it as a copy for “Chambers.” All chambers copies should be three-hole
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punched, and must include tabs between exhibits.
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Any stipulation or proposed order submitted by an e-filing party shall be submitted by
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email to dmrpo@cand.uscourts.gov as a word processing attachment on the same day the
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document is e-filed. This address should only be used for this stated purpose unless otherwise
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directed by the court.
PRIVILEGE LOGS
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United States District Court
Northern District of California
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If a party withholds responsive information by claiming that it is privileged or otherwise
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protected from discovery, that party shall promptly provide a privilege log that is sufficiently
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detailed for the opposing party to assess whether the assertion of privilege is justified. Unless the
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parties agree to alternative logging methods, the log should include: (a) the title and description of
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the document, including number of pages or Bates-number range; (b) the subject matter addressed
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in the document; (c) the identity and position of its author(s); (d) the identity and position of all
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addressees and recipients; (e) the date the document was prepared and, if different, the date(s) on
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which it was sent to or shared with persons other than its author(s); and (f) the specific basis for
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the claim that the document is privileged or protected. Communications involving trial counsel
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that post-date the filing of the complaint need not be placed on a privilege log. Failure to
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promptly furnish a privilege log may be deemed a waiver of the privilege or protection.
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IT IS SO ORDERED.
Dated: January 12, 2016
______________________________________
DONNA M. RYU
United States Magistrate Judge
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