Case 4:19-cv-02033-YGR Document 136 Filed 02/19/21 Page 1 of 3
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`UNITED STATES DISTRICT COURT
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`NORTHERN DISTRICT OF CALIFORNIA
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`In re APPLE INC. SECURITIES
`LITIGATION
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`___________________________________
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`This Document Relates to: ALL ACTIONS
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`Case No. 19-cv-02033-YGR (JCS)
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`NOTICE OF REFERENCE; ORDER
`TO MEET AND CONFER AND FILE
`JOINT LETTER; ORDER SETTING
`HEARING
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`Re: Dkt. Nos. 131, 132
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`TO ALL PARTIES AND COUNSEL OF RECORD:
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`The above matter has been referred to Chief Magistrate Judge Joseph C. Spero for
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`resolution of the Discovery Letter Re: Service of Plaintiff’s Subpoenas [Docket No. 131] and
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`Discovery Letter re: Non-Party Hon Hai Precision [Docket No. 132] (the “Motions”), and all
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`future discovery matters.
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`IT IS HEREBY ORDERED that the as to the Discovery Letter re: Non-Party Hon Hai
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`Precision [Docket No. 132], lead trial counsel for Plaintiff and trial counsel for Non-Party Hon
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`Hai Precision Industry Co., Ltd., a/k/a Foxconn Technology Group shall meet and confer by Zoom
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`video conference within ten (10) days from the date of this Order. In the event that counsel are
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`unable to resolve the matters at issue in the Motion, lead trial counsel shall provide a detailed Joint
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`Letter to the Court within five (5) calendar days of their meet-and-confer session. This Joint
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`Letter, not to exceed ten (10) pages without leave of Court, shall include a description of every
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`issue in dispute and, with respect to each such issue, a detailed summary of each party’s final
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`substantive position and its final proposed compromise on each issue.
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`IT IS HEREBY FURTHER ORDERED that the hearing on the Discovery Letter Re:
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`Service of Plaintiff’s Subpoenas [Docket No. 131] has been set for hearing on March 12, 2021, at
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`United States District Court
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`Case 4:19-cv-02033-YGR Document 136 Filed 02/19/21 Page 2 of 3
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`9:30 AM by Zoom Webinar. The Zoom Webinar Link can be found on Judge Spero’s web page
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`or the parties may join using the following Zoom ID: 161 926 0804, Password: 050855.
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`LAW AND MOTION HEARING PROCEDURES
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`Civil law and motion is heard on Friday mornings, at 9:30 a.m., via Zoom video in San
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`Francisco, California, 94102.
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`In the event a future discovery dispute arises, IT IS HEREBY FURTHER ORDERED
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`that before filing any discovery motion before this Court, the parties must comply with the
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`following:
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`1.
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`Lead trial counsel for both parties must meet and confer by video conference
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`regarding the matter(s) at issue. This meeting shall occur after other efforts to
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`resolve the dispute, such as telephone, e-mail, teleconference, or correspondence,
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`have been unsuccessful. Once those efforts have proved unsuccessful, any party
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`may demand a meeting of lead trial counsel to resolve a discovery matter. Such a
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`meeting shall occur within ten (10) calendar days of the demand. The locations of
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`the meetings shall alternate. The first meeting shall be at a location selected by
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`counsel for Plaintiff(s). If there are any future disputes, the next such meeting shall
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`be held at a location to be determined by counsel for Defendant(s), etc.
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`2.
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`Within five (5) calendar days of the in-person meeting between lead trial counsel
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`referred to above, the parties shall jointly file a detailed letter with the Court, not to
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`exceed five (5) pages without leave of Court, which will include the matters that
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`remain in dispute, a detailed substantive description of each side’s position on each
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`such issue, and a description of each side’s proposed compromise on each such
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`issue. In the absence of permission from the Court, the letter may not exceed five
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`(5) pages.
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`3.
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`After the Court has received the joint letter, the Court will determine what future
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`proceedings, if any, are necessary.
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`In the event that the parties continue to be unable to resolve the matters regarding the
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`timing and scope of discovery, the Court will consider what future actions are necessary. These
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`Case 4:19-cv-02033-YGR Document 136 Filed 02/19/21 Page 3 of 3
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`actions may include the following: (1) sanctions against a party failing to cooperate in the
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`discovery process and meet and confer in good faith, as required by this Order, the Federal Rules
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`of Civil Procedure, and the Local Rules of this Court; and/or (2) requiring the Chief Executive
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`Officers of each party to attend the video conference, meet-and-confer sessions described above.
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`The Court is not entering either of these matters as an Order of the Court at this time, and fully
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`expects counsel to meet their obligations under this Order and under the Local Rules.
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`Regardless of whether the Court reschedules a hearing date, all opposition and reply papers
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`shall be timely filed according to the originally noticed hearing date, pursuant to Civil L. R. 7-3.
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`A party or counsel has a continuing duty to supplement the initial disclosure when required
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`under Fed. R. Civ. P. 26(e)(1).
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`All filings of documents relating to motions referred to the undersigned shall list the civil
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`case number and the district court judge’s initials followed by the designation “(JCS)”.
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`ELECTRONIC FILING AND COURTESY COPIES
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`Please refer to Civil L. R. 5-1 (e) and General Order No. 45 for the Northern District of
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`California for information relating to electronic filing procedures and requirements. All
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`documents shall be filed in compliance with the Civil Local Rules. Documents not filed in
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`compliance with those rules will not be considered by the Court.
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`The failure of counsel or a party to abide by this Order may result in sanctions pursuant to Fed.
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`R. Civ. P. 16(f).
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`Pursuant to General Order 72-2 all local rules requiring that a courtesy copy be provided to the
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`chambers of the assigned judge are suspended pending further notice.
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`Electronic courtesy copy shall bear the initials “JCS” and a .pdf emailed to
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`JCSPO@cand.uscourts.gov.
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`IT IS SO ORDERED.
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`Dated: February 19, 2021
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`___________________________
`JOSEPH C. SPERO
`United States Chief Magistrate Judge
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`Northern District of California
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`United States District Court
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