Hives vs. County of Alameda

Northern District of California, cand-4:2015-cv-02490

Order by Magistrate Judge Donna M. Ryu denying without prejudice {{64}} Plaintiffs' Motion to Quash. Joint letter due by 7/11/2016.(dmrlc1, COURT STAFF)

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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 PATRICIA HIVES, et al., 7 Case No. 15-cv-02490-DMR Plaintiffs, 8 v. ORDER RE: DISCOVERY 9 PROCEDURES; ORDER DENYING COUNTY OF ALAMEDA, et al., MOTION WITHOUT PREJUDICE 10 Defendants. Re: Dkt. No. 64 11 12 Northern District of California United States District Court 13 Plaintiffs Patricia Hives and M.C., by and through his guardian ad litem Arion Guillory, 14 filed a motion to quash Defendants' subpoenas for Jacorey Calhoun's educational records. 15 [Docket No. 64.] The motion is denied without prejudice. The subpoenas subject to the motion 16 to quash shall not be operative pending resolution of the instant dispute and the parties' 17 compliance with the procedures for resolution of discovery disputes as set forth below and in this 18 court's Standing Order. Any joint letter regarding the instant discovery dispute shall be filed no 19 later than July 11, 2016. 20 The parties may seek judicial intervention in discovery disputes following to the 21 procedures in this order, the Federal Rules of Civil Procedure, and the Northern District of 22 California's Local Rules, General Orders, and Standing Orders. Local rules, general orders, 23 standing orders, and instructions for using the Court's Electronic Case Filing system are available 24 at Failure to comply may result in sanctions. 25 RESOLUTION OF DISCOVERY DISPUTES 26 In order to respond to discovery disputes in a flexible, cost-effective and efficient manner, 27 the court uses the following procedure. The parties shall not file formal discovery motions. 28 Instead, as required by the federal and local rules, the parties shall first meet and confer to try to 1 resolve their disagreements. The meet and confer session must be in person or by telephone, and 2 may not be conducted by letter, e-mail, or fax. If disagreements remain, the parties shall file a 3 joint letter no later than five business days after the meet and confer session, unless otherwise 4 directed by the court. Lead trial counsel for both parties must sign the letter, which shall 5 include an attestation that the parties met and conferred in person or by telephone regarding all 6 issues prior to filing the letter. The letter must also include a paragraph listing relevant case 7 management deadlines, including (1) the fact and expert discovery cut-off dates; (2) the last day 8 to hear or file dispositive motions; (3) claim construction or class certification briefing deadlines 9 and hearing dates; and (4) pretrial conference and trial dates. Going issue-by-issue, the joint letter 10 shall describe each unresolved issue, summarize each party's position with appropriate legal 11 authority, and provide each party's final proposed compromise before moving to the next issue. 12 The joint letter shall not exceed five pages (12-point font or greater; margins no less than one Northern District of California United States District Court 13 inch) without leave of court. Parties are expected to plan for and cooperate in preparing the 14 joint letter so that each side has adequate time to address the arguments. In the rare instance 15 that a joint letter is not possible, each side may submit a letter not to exceed two pages, which 16 shall include an explanation of why a joint letter was not possible. The parties shall submit one 17 exhibit that sets forth each disputed discovery request in full, followed immediately by the 18 objections and/or responses thereto. No other information shall be included in the exhibit. No 19 other exhibits shall be submitted without prior court approval. The court will review the 20 submission(s) and determine whether formal briefing or proceedings are necessary. Discovery 21 letter briefs must be e-filed under the Civil Events category of Motions and Related Filings > 22 Motions - General > "Discovery Letter Brief." 23 All exhibits to discovery disputes should be separately filed on ECF (for example, if the 24 motion is Docket No. 30, and the declaration with 10 exhibits is Docket No. 31, Exhibit A would 25 be filed as Docket No. 31-1, Exhibit B would be Docket No. 31-2, and so on). All exhibits shall 26 also be filed in a searchable OCR format where possible. 27 The court has found that it is often efficient and beneficial for counsel to appear in person 28 at discovery hearings. This provides the opportunity to engage counsel, where appropriate, in 2 1 resolving aspects of the discovery dispute while remaining available to rule on disputes that 2 counsel are not able to resolve themselves. For this reason, the court expects counsel to appear 3 in person. Permission to attend by telephone may be granted upon written request made at least 4 one week in advance of the hearing if the court determines that good cause exists to excuse 5 personal attendance, and that personal attendance is not needed in order to have an effective 6 discovery hearing. The facts establishing good cause must be set forth in the request. 7 In emergencies during discovery events (such as depositions), any party may, after exhausting 8 good faith attempts to resolve disputed issues, seek judicial intervention pursuant to Civil L.R. 37- 9 1(b) by contacting the court through the courtroom deputy. If the court is unavailable, the 10 discovery event shall proceed with objections noted for the record. 11 MOTIONS TO FILE UNDER SEAL 12 Parties are reminded that court proceedings are presumptively public, and no document Northern District of California United States District Court 13 shall be filed under seal without request for a court order that is narrowly tailored to cover only the 14 document, the particular portion of the document, or category of documents for which good cause 15 exists for filing under seal. If a party wishes to file a document under seal, that party shall first file 16 an administrative motion to seal in accordance with Local Rule 79-5. 17 The parties need not file paper copies of the administrative motion to seal with the clerk's 18 office. The parties only need to submit chambers copies of the administrative motion to seal and 19 related filings. Chambers copies should include all material — both redacted and unredacted — 20 so that the chambers staff does not have to re-assemble the whole brief or declaration, although 21 chambers copies should clearly delineate which portions are confidential (via highlighting). 22 Chambers copies with confidential materials will be handled like all other chambers copies of 23 materials without special restriction, and will typically be recycled, not shredded. If the parties 24 wish to dispose of documents filed under seal in some other way, they must expressly indicate as 25 much in their sealing motion and make arrangements to pick up the documents upon disposition of 26 the motion. 27 PROTECTIVE ORDERS 28 If parties believe a protective order is necessary, they shall, where practicable, use one of 3 1 the model stipulated protective orders (available at 2 orders). Parties shall file one of the following with their proposed protective order: (a) a 3 declaration stating that the proposed order is identical to one of the model orders except for the 4 addition of case-identifying information or the elimination of language denoted as optional; (b) a 5 declaration explaining each modification to the model order, along with a redline version 6 comparing the proposed protective order with the model order; or (c) a declaration explaining why 7 use of one of the model orders is not practicable. 8 CHAMBERS COPIES AND PROPOSED ORDERS 9 Pursuant to Civil L.R. 5-1(e)(7) and 5-2(b), parties must lodge an extra paper copy of 10 certain filings and mark it as a copy for "Chambers." All chambers copies should be double-sided 11 (when possible), three-hole punched along the left side of the page, and should bear the ECF filing 12 "stamp" (case number, docket number, date, and ECF page number) along the top of the page. All Northern District of California United States District Court 13 exhibits shall be clearly delineated with labels along the right side. If the filing includes exhibits 14 over two inches thick, the parties shall place the chambers copy in a binder. 15 Any stipulation or proposed order submitted by an e-filing party shall be submitted by 16 email to as a word processing attachment on the same day the 17 document is e-filed. This address should only be used for this stated purpose unless otherwise 18 directed by the court. 19 PRIVILEGE LOGS 20 If a party withholds responsive information by claiming that it is privileged or otherwise 21 protected from discovery, that party shall produce a privilege log as quickly as possible, but no 22 later than fourteen days after its disclosures or discovery responses are due, unless the parties 23 stipulate to or the court sets another date. Privilege logs must be sufficiently detailed for the 24 opposing party to assess whether the assertion of privilege is justified. Unless the parties agree to 25 alternative logging methods, the log should include: (a) the title and description of the document, 26 including number of pages or Bates-number range; (b) the subject matter addressed in the 27 document; (c) the identity and position of its author(s); (d) the identity and position of all 28 addressees and recipients; (e) the date the document was prepared and, if different, the date(s) on 4 1 which it was sent to or shared with persons other than its author(s); and (f) the specific basis for 2 the claim that the document is privileged or protected. 3 Communications involving trial counsel that post-date the filing of the complaint need not 4 be placed on a privilege log. Failure to promptly furnish a privilege log may be deemed a waiver 5 of the privilege or protection. 6 7 IT IS SO ORDERED. 8 Dated: June 30, 2016 9 ______________________________________ DONNA M. RYU 10 United States Magistrate Judge 11 12 Northern District of California United States District Court 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 5