United States District Court

For the Northern District of California

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UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

LORA WOLPH, ET AL.,

Plaintiff(s),

v.

ACER AMERICA CORP.,

Defendant(s).

___________________________________/

No. C 09-01314 JSW (JCS)

NOTICE OF REFERENCE, TIME

AND PLACE OF HEARING 

TO ALL PARTIES AND COUNSEL OF RECORD:

The above matter has been referred to Magistrate Judge Joseph C. Spero regarding the

parties’ current discovery dispute and all future discovery disputes.

A telephonic hearing on the parties’ Joint Letter Brief [docket no. 83] has been set for

August 25, 2010, at 9:00 a.m., in Courtroom A, 15th Floor, Federal Building, 450 Golden Gate

Avenue, San Francisco, California. A conference call number has already been established and

provided to the Court. Any party seeking an award of attorney’s fees or other expenses in

connection with this motion shall file a motion in accordance with Civil L. R. 37-3. 

LAW AND MOTION HEARING PROCEDURES

Civil law and motion is heard on Friday mornings at 9:30 a.m., in Courtroom A, 15th Floor, United

States District Court, 450 Golden Gate Avenue, San Francisco, California. 

In the event a future discovery dispute arises, IT IS HEREBY ORDERED that before filing

any discovery motion before this Court, the parties must comply with the following:

1. Lead trial counsel for both parties must meet and confer in person regarding the

matter(s) at issue. This meeting shall occur after other efforts to resolve the dispute,

such as telephone, e-mail, teleconference, or correspondence, have been

Case 3:09-cv-01314-JSW Document 86 Filed 08/23/10 Page 1 of 3
United States District Court

For the Northern District of California

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unsuccessful. Once those efforts have proved unsuccessful, any party may demand a

meeting of lead trial counsel to resolve a discovery matter. Such a meeting shall

occur within ten (10) calendar days of the demand. The locations of the meetings

shall alternate. The first meeting shall be at a location selected by counsel for

Plaintiff(s). If there are any future disputes, the next such meeting shall be held at a

location to be determined by counsel for Defendant(s), etc.

2. Within five (5) calendar days of the in-person meeting between lead trial counsel

referred to above, the parties shall jointly file a detailed letter with the Court, which

will include the matters that remain in dispute, a detailed substantive description of

each side’s position on each such issue, and a description of each side’s proposed

compromise on each such issue.

3. After the Court has received the joint letter, the Court will determine what future

proceedings, if any, are necessary.

In the event that the parties continue to be unable to resolve the matters regarding the timing

and scope of discovery, the Court will consider what future actions are necessary. These actions

may include the following: (1) sanctions against a party failing to cooperate in the discovery process

and meet and confer in good faith, as required by this Order, the Federal Rules of Civil Procedure,

and the Local Rules of this Court; and/or (2) requiring the Chief Executive Officers of each party to

attend the in-person, meet-and-confer sessions described above. The Court is not entering either of

these matters as an Order of the Court at this time, and fully expects counsel to meet their

obligations under this Order and under the Local Rules.

A party or counsel has a continuing duty to supplement the initial disclosure when required

under Fed. R. Civ. P. 26(e)(1).

Law and motion matters may be submitted without argument upon stipulation of the parties

and notification of the Court no later than 4:30 p.m. the day before the hearing. Pursuant to Civil L.

R. 7-7(e), filed motions may be withdrawn without leave of the Court, within seven (7) days of the

date for service of the opposition. Thereafter, leave of the Court must be sought.

Case 3:09-cv-01314-JSW Document 86 Filed 08/23/10 Page 2 of 3
United States District Court

For the Northern District of California

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ELECTRONIC FILING AND COURTESY COPIES

Please refer to Civil L. R. 5-4 and General Order No. 45 for the Northern District of

California for information relating to electronic filing procedures and requirements. 

BEFORE NOON ON THE NEXT BUSINESS DAY FOLLOWING THE ELECTRONIC

FILING, THE PARTIES ARE REQUIRED TO LODGE DIRECTLY WITH CHAMBERS ONE

PAPER COPY OF EACH DOCUMENT, WHICH IS TO BE DESIGNATED "JCS’S CHAMBERS'

COPY." All filings of documents relating to motions referred to the undersigned shall list the civil

case number and the district court judge’s initials, followed by the designation “(JCS)”.

The failure of counsel or a party to abide by this Order may result in sanctions pursuant to

Fed. R. Civ. P. 16(f).

IT IS SO ORDERED.

Dated: August 23, 2010 

JOSEPH C. SPERO

United States Magistrate Judge

Case 3:09-cv-01314-JSW Document 86 Filed 08/23/10 Page 3 of 3