Adaptix, Inc. v. Motorola Mobility LLC et al

Filing 75

ORDER REGARDING PROCEDURE FOR RESOLUTION OF DISCOVERY AND OTHER NON-DISPOSITIVE DISPUTES. Signed by Judge Paul S. Grewal on August 14, 2013. (psglc1, COURT STAFF) (Filed on 8/14/2013)

1

UNITED STATES DISTRICT COURT

2

NORTHERN DISTRICT OF CALIFORNIA

3

SAN JOSE DIVISION

4 ADAPTIX, Inc.,
5

v.

Case No. 5:13-cv-01774-PSG

Plaintiff,

6

MOTOROLA MOBILITY LLC, et al.,
Defendants.
ADAPTIX, Inc.,
8
Plaintiff,
9 v.
7

APPLE, INC., et al.,
Defendants.
11 ADAPTIX, Inc.,
Plaintiff,
12
v.
13
APPLE, INC., et al.,
14
Defendants.
ADAPTIX, Inc.,
15
Plaintiff,
16 v.

ORDER REGARDING PROCEDURE FOR
RESOLUTION OF DISPUTES
CONCERNING DISCOVERY AND OTHER
NON-DISPOSITIVE ISSUES
Case No. 5:13-cv-01776-PSG

10

Case No. 5:13-cv-01777-PSG

Case No. 5:13-cv-01778-PSG

AT&T MOBILITY LLC, et al.,
Defendants.
18 ADAPTIX, Inc.,
Plaintiff,
19 v.
17

Case No. 5:13-cv-01844-PSG

20

CELLCO PARTNERSHIP d/b/a
21 VERIZON WIRELESS, et al.,
Defendants.
22 ADAPTIX, Inc.,
Plaintiff,
23
v.
24
APPLE, INC., et al.,
25
Defendants.

Case No. 5:13-cv-02023-PSG

26
27
28
ORDER RE: DISPUTE RESOLUTION PROCEDURE
Case Nos. 5:13-cv-01774-PSG; -1776; -1777; -1778; -1844; -2023

1

ORDER REGARDING PROCEDURE FOR RESOLUTION OF DISPUTES
CONCERNING DISCOVERY AND OTHER NON-DISPOSITIVE ISSUES

2
3

If, after conducting good faith meet-and-confer efforts in person or by telephone, counsel

4

are unable to resolve a discovery or other non-dispositive dispute, counsel for the moving party

5

or parties shall contact chambers at [phone] --

6

to advise which parties have disputes and describe what the dispute is about and schedule a date

7

for teleconference. Once the teleconference has been scheduled, the moving party or parties

8

shall file a “Motion for Teleconference To Resolve Dispute(s).”1 The following procedures shall apply:

9

1.

not the courtroom deputy --

Letter Briefs: By no later than 5:00 p.m. Pacific seven (7) court days prior to the

10

date of the conference, each moving party shall file a letter brief with the Court, not to exceed

11

four (4) pages, in no less than 12 point font, outlining the issues in dispute and its position on

12

those issues. No more than three (3) disputed issues may be raised in the letter brief. By no later

13

than 5:00 p.m. Pacific two (2) court days prior to the date of the conference, each party opposing

14

a request for relief may file a letter brief, not to exceed four (4) pages, in no less than 12 point

15

font, outlining that party’s reasons for its opposition. No reply letter briefs may be filed.

16

2.

Attachments/Exhibits: Generally, there should be limited attachments or exhibits

17

to the letter briefs. For example, in a dispute regarding written discovery, only the disputed

18

interrogatory, request for admission, or request for production and the responses as they exist at

19

the time of the letter briefs should be attached. The history of the parties’ attempts to resolve

20

and/or narrow the issues shall not be included; however, suggested solutions to the issues shall

21
22
23
24
25
26
27
28

1

The suggested text for this motion is as follows:
[JOINT] MOTION FOR TELECONFERENCE TO RESOLVE [DISCOVERY or NONDISPOSITIVE] DISPUTE[S]
[Name or Names of parties] respectfully moved this Court to schedule a teleconference to
address outstanding disputes regarding [discovery or other non-dispositive] matters. As a result
of a previous teleconference with Chambers, the parties will provide submissions and present
their respective positions consistent with the Court’s Procedures for Resolving Discovery and
Non-Dispositive Disputes during a teleconference on [date and time] with counsel for [moving
party] to initiate the call.
-1-

ORDER RE: DISPUTE RESOLUTION PROCEDURE
Case Nos. 5:13-cv-01774-PSG; -1776; -1777; -1778; -1844; -2023

1

be included in the letter briefs. Cases and transcripts cited and relied upon in the letter briefs

2

may be attached as exhibits.

3

3.

Sworn Declarations: To the extent factual issues are disputed or central to the

4

Court’s analysis (e.g., disputes regarding attorney-client privilege, work product doctrine,

5

privilege logs, etc.), non-conclusory, sworn declarations may be attached as exhibits, but only to

6

the extent necessary to establish the facts.

7

4.

Proposed Order: A proposed order shall be attached as an exhibit to the moving

8

party’s letter brief. The proposed order shall set forth the nature of the relief requested, including

9

the date by which the requested relief is to be completed.

10
11
12

Should the Court find further briefing is necessary upon the conclusion of the
teleconference, the Court will order it.
Counsel shall provide the Court with a list of the teleconference participants on a separate

13

page accompanying its letter brief. The list will not be counted as part of the page limitation for

14

the letter brief. Participating counsel will have the option to appear in Court in person rather

15

than by phone at the time of the scheduled teleconference.

16

A dispute that arises during a deposition may still be addressed in accordance with Civil

17

L.R. 37-1(b) as appropriate. If, however, the parties fail to contact chambers during the

18

deposition or the Court is unable to address the dispute at that time, then the parties may request

19

relief in accordance with the above procedure.

20
21
22
23
24
25

The deadlines set forth in Civil L.R. 37-3 shall apply to the above procedure.
IT IS SO ORDERED.

08/14/13
Dated: ____________________

____________________________________
PAUL S. GREWAL
United States Magistrate Judge

26
27
28

-2-

ORDER RE: DISPUTE RESOLUTION PROCEDURE
Case Nos. 5:13-cv-01774-PSG; -1776; -1777; -1778; -1844; -2023