NetList Inc (NLST)

[goforthebet]

new Pacer doc reg. Google
Court listener new doc filed in Google case. Discovery.

https://www.courtlistener.com/docket/4176760/netlist-inc-v-google-inc/

TO ALL PARTIES AND COUNSEL OF RECORD:

The above matter has been re-referred to the undersigned for all discovery matters. Please
be advised that if a specific motion was filed before the District Court prior to this referral, the
noticed date may no longer be in effect. All hearing dates are subject to the availability of the
Court's calendar. Please contact the Courtroom Deputy, Karen Hom, at [phone], to
confirm or, if necessary, reschedule the hearing date. Regardless of whether the Court reschedules
the hearing date, all opposition and reply papers shall be timely filed according to the originally
noticed hearing date, pursuant to Civil L. R. 7-3.
LAW AND MOTION PROCEDURES
Civil law and motion is heard on Friday mornings, at 9:30 a.m., by Zoom Webinar. Zoom webinar
link is located on Judge Spero’s web page. In addition to clicking on the link, counsel may use the
following Zoom Webinar ID: 161 926 0804. Passcode: 050855.
In the event a 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 by video conference
regarding the matter(s) at issue. This meeting shall occur after other efforts to
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United States District Court
Northern District of California
resolve the dispute, such as telephone, e-mail, teleconference, or correspondence,
have been 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.
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, not to
exceed five (5) pages without leave of 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 video conference, 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.
ELECTRONIC FILING AND COURTESY COPIES
Please refer to Civil L. R. 5-1 (e) and General Order No. 45 for the Northern District of
Case 4:09-cv-05718-SBA Document 118 Filed 03/15/21 Page 2 of 3

United States District Court
Northern District of California
California for information relating to electronic filing procedures and requirements. All
documents shall be filed in compliance with the Civil Local Rules. Documents not filed in
compliance with those rules will not be considered by the Court.
The failure of counsel or a party to abide by this Order may result in sanctions pursuant to Fed.
R. Civ. P. 16(f).
Pursuant to General Order 72-2 all local rules requiring that a courtesy copy be provided to the
chambers of the assigned judge are suspended pending further notice.
Electronic courtesy copy shall bear the initials “JCS” and a .pdf emailed to
[e-mail].
IT IS SO ORDERED.
Dated: March 15, 2021
____________________________
JOSEPH C. SPERO
United States Chief Magistrate Judge