CA-ND — Discovery & Magistrate Referral

N.D. Cal. does not use a discovery letter brief procedure in its local rules. Discovery disputes are handled through standard motion practice under Civil L.R. 37, after a mandatory meet-and-confer. Magistrate judges play a significant role in discovery and pretrial management.

Discovery Motion Practice (Civil L.R. 37-2)

"In addition to complying with applicable provisions of Civil L.R. 7, a motion to compel further responses to discovery requests must set forth each request in full, followed immediately by the objections and/or responses thereto. For each such request, the moving papers must detail the basis for the party's contention that it is entitled to the requested discovery and must show how the proportionality and other requirements of Fed. R. Civ. P. 26(b)(2) are satisfied."

Discovery Cut-Off and Motion Deadlines (Civil L.R. 37-3)

"Unless otherwise ordered, as used in any order of this Court or in these Local Rules, a 'discovery cut-off' is the date by which all responses to written discovery are due and by which all depositions must be concluded." Where the court sets a single discovery cut-off, "no discovery-related motions may be filed more than 7 days after the discovery cut-off." Where separate fact and expert deadlines are set, the 7-day window applies separately to each cut-off.

Magistrate Judge Powers (Civil L.R. 72-1)

"Each Magistrate Judge appointed by the Court is authorized to exercise all powers and perform all duties conferred upon Magistrate Judges by 28 U.S.C. § 636, by the local rules of this Court, and by any written order of a District Judge designating a Magistrate Judge to perform specific statutorily authorized duties in a particular action." District judges routinely refer discovery disputes to magistrate judges by case management order.

Challenging a Magistrate Judge's Nondispositive Order (Civil L.R. 72-2)

Any objection to a nondispositive pretrial order must be made as a "Motion for Relief from Nondispositive Pretrial Order of Magistrate Judge" and may not exceed 5 pages. If no order denying the motion or setting a briefing schedule is made within 14 days of filing, the motion is deemed denied.

Magistrate Judge Consent — Trial (Civil L.R. 73-1)

In cases initially assigned to a magistrate judge, parties must either consent to magistrate judge jurisdiction or request reassignment to a district judge by the clerk's or magistrate judge's deadline. In cases assigned to a district judge, parties may consent to full magistrate judge jurisdiction at any time under 28 U.S.C. § 636(c).

Deposition Scheduling (Civil L.R. 30-1)

"For the convenience of witnesses, counsel, and parties, before noticing a deposition of a party or witness affiliated with a party, the noticing party must confer about the scheduling of the deposition with opposing counsel or, if the party is pro se, the party."