Case 1:13-cv-02528-AT Document 5 Filed 08/02/13 Page 1 of 32
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`EMERSON ELECTRIC CO., FISHER-
`ROSEMOUNT SYSTEMS, INC., and
`ROSEMOUNT INC.,
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` Plaintiffs,
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` v.
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`SIPCO LLC and IP CO., LLC d/b/a
`Intus IQ,
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` Defendants.
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`CIVIL ACTION NO.
`1:13-cv-2528-AT
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`
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE NORTHERN DISTRICT OF GEORGIA
`ATLANTA DIVISION
`
`
`
`
`
`GUIDELINES TO PARTIES AND COUNSEL
`IN CASES PROCEEDING BEFORE
`THE HONORABLE AMY TOTENBERG
`
`
`This case has been assigned to Judge Amy Totenberg. These guidelines are
`
`furnished to inform the parties and their counsel of the Court’s policies,
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`procedures, and practice, and to promote the just, speedy, and economical
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`disposition of cases. This order, in combination with the Local Rules of this court
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`and the Federal Rules of Civil Procedure, shall govern this case.
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`EMERSON ELECTRIC CO., FISHER-
`ROSEMOUNT SYSTEMS, INC., and
`ROSEMOUNT INC.,
`
` Plaintiffs,
`
` v.
`
`SIPCO LLC and IP CO., LLC d/b/a
`Intus IQ,
`
` Defendants.
`
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`CIVIL ACTION NO.
`1:13-cv-2528-AT
`
`
`
`
`
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE NORTHERN DISTRICT OF GEORGIA
`ATLANTA DIVISION
`
`
`
`
`
`GUIDELINES TO PARTIES AND COUNSEL
`IN CASES PROCEEDING BEFORE
`THE HONORABLE AMY TOTENBERG
`
`
`This case has been assigned to Judge Amy Totenberg. These guidelines are
`
`furnished to inform the parties and their counsel of the Court’s policies,
`
`procedures, and practice, and to promote the just, speedy, and economical
`
`disposition of cases. This order, in combination with the Local Rules of this court
`
`and the Federal Rules of Civil Procedure, shall govern this case.
`
`
`
`
`
`
`
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`Case 1:13-cv-02528-AT Document 5 Filed 08/02/13 Page 2 of 32
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`SECTION
`I. General Matters…………………………………………..................
` II. Case administration…………………………….………...…............
`a. Contacting chambers…………………….……………………..
`b. Courtesy copies of documents…………………………………
`c. Attorneys……………………………………………………….
`i. Admission of counsel pro hac vice……………................
`ii. Electronic registration for all counsel…………................
`iii. Leaves of absence…………………………………….….
`iv. Withdrawal or substitution of counsel……….…………..
`v. Corporate representation……………..…………………..
` d. Pro se litigants…………………...…………………………….
`III. Case Management………………………………………………….
`a. Extensions of time…………………………………………….
`b. Conferences…………………………………………………...
`c. Discovery……………………………………………………...
`i. General principles of discovery ………………………....
` ii. Discovery responses: boilerplate and general objections..
` iii. Interrogatories……………………………………...……
` iv. Requests for production or inspection……..……….……
` v. Requests for admission……………………………....…...
` vi. Depositions…………………...…………………………
`d. Discovery disputes…...……………………………………….
`e. Confidentiality agreements, protective orders, and motions to
`seal…………………………………………………………….
`f. Electronic filing of exhibits and attachments………...………
`g. Motions for summary judgment………………………………
`h. Form of statement of material facts & response to statement
`of material facts………………………………………...……..
`i. Requests for oral argument on motions……………………….
`j.
`Pretrial conference…………………………………………….
`k. Proposed findings of fact and conclusions of law…………….
`l.
`Jury trial……………………………………………………….
`m. Courtroom technology………………………………………
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`Case 1:13-cv-02528-AT Document 5 Filed 08/02/13 Page 3 of 32
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`GENERAL MATTERS
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`
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`Attorneys and pro se litigants appearing in this court in civil litigation must
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`I.
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`
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`observe three sets of rules:
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`1. The Federal Rules of Civil Procedure. These rules are available at
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`www.uscourts.gov/RulesAndPolicies/FederalRulemaking/Overview.aspx.
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`2. The local rules of this District Court and Instructions Regarding Pretrial
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`Proceedings. The local rules of this Court are available for downloading at
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`http://www.gand.uscourts.gov/localrules. Various forms and the Court’s
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`pretrial instruction package are available at www.gand.uscourts.gov/forms/.
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`3. The rules and practices of the district judge, and magistrate judge if
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`appropriate, assigned to your case.
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`
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`II. CASE ADMINISTRATION
`
`
`a.
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`
`
`Contacting Chambers
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`Amy Cash McConochie, the Courtroom Deputy Clerk, is your principal
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`point of contact on matters related to this case. Where possible, communications
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`with Ms. McConochie
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`should
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`be
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`via
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`(Amy_McConochie@
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`gand.uscourts.gov) or telephone (404-215-1437).
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`
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` Please note that Ms.
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`Case 1:13-cv-02528-AT Document 5 Filed 08/02/13 Page 4 of 32
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`McConochie is often in the courtroom, so telephone messages may not be returned
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`for 24 hours. Any mail, couriered, or hand-delivered communications should be
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`addressed as follows:
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`Amy Cash McConochie
`Courtroom Deputy Clerk
`2388 United States Courthouse
`75 Spring Street, SW
`Atlanta, GA 30303-3309
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`Neither the parties nor their counsel should discuss the merits of the case with Ms.
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`McConochie or any of the Court’s law clerks.
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`
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`Courtesy Copies of Documents
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`b.
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`
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`Parties frequently forward copies of motions or other filings directly to
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`chambers for the Court’s convenience. Courtesy copies are not required, except
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`for emergency motions filed pursuant to Local Rule 7.2B, NDGa, motions for
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`temporary restraining orders and/or preliminary injunctions, motions for summary
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`judgment, or motions with voluminous exhibits. Courtesy copies of such
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`emergency motions, motions for temporary restraining orders, and/or motions for
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`preliminary injunctions should be hand-delivered to chambers in Room 2388 on
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`the 23rd floor of the Richard B. Russell Federal Building. Courtesy copies of
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`motions for summary judgments, including all exhibits, or motions with
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`Case 1:13-cv-02528-AT Document 5 Filed 08/02/13 Page 5 of 32
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`voluminous exhibits, may be either hand-delivered to chambers in Room 2388 or
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`submitted via regular mail to attention of the Courtroom Deputy Clerk at the above
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`provided address.
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`
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`c.
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`
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`
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`Attorneys
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`i. Admission of Counsel Pro Hac Vice
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`In the event that lead counsel had been admitted pro hac vice, local counsel
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`is required to be familiar with the case, and may be called upon to attend hearings
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`or participate in conferences on behalf of the lead counsel.
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`
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`
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`ii. Electronic Registration for All Counsel
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`All counsel—including counsel admitted pro hac vice—must register and
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`participate
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`in
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`the Court’s
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`electronic
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`filing
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`system, CM/ECF
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`(Case
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`Management/Electronic Case Filing). Standing Order 04-01 states,
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`Effective July 15, 2005, absent good cause shown and the
`permission of the Court, attorneys in good standing admitted to
`practice before the Bar of this Court, to include attorneys
`admitted pro hac vice, will file, sign, and verify documents only
`by electronic means to the extent and in the manner authorized
`by this Standing Order, Local Rule 5.1 A. NDGa., and the
`administrative procedures attached hereto as Exhibits A and B,
`Administrative Procedures for Filing, Signing, and Verifying
`Pleadings and Papers by Electronic Means in Civil and
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`
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`Criminal Cases in the United States District Court for the
`Northern District of Georgia (Administrative Procedures).
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`iii. Leaves of Absence
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`Counsel are encouraged to review their calendars and submit as early as
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`possible any requests for leave of absence. Leave requests shall comply with
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`Local Rule 83.1, NDGa.
`
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`iv. Withdrawal or Substitution of Counsel
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`It is counsel’s responsibility to keep the Court informed of any change of its
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`
`
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`status. Counsel should comply with Local Rule 83.1, NDGa, when substituting or
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`withdrawing as counsel. Counsel who do not comply with this Local Rule will not
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`be allowed to withdraw from the case until compliance is achieved.
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`
`v.
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`Corporate Representation
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`Corporate entities must be represented in court by an attorney. A corporate
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`
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`officer may not represent the corporation unless that officer is also licensed to
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`practice law in the state of Georgia. Local Rule 83.1, NDGa, states:
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`a corporation may only be represented in court by an attorney, that
`a(n) attorney must sign all pleadings submitted to the court, and that a
`corporate officer may not represent the corporation in court unless that
`officer is also an attorney licensed to practice law in the state of
`Georgia, and that failure to comply with this rule could result in a
`default being entered against the corporate party.
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`Failure to comply with this rule can result in dismissal of a corporation’s complaint
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`or default being entered against the corporation.
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`
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`d.
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`Pro Se Litigants
`
`Parties proceeding pro se (without an attorney) are ADVISED that they
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`must comply with the Federal Rules of Civil Procedure (“Fed. R. Civ. P.”), as well
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`as the Local Rules of the United States District Court for the Northern District of
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`Georgia (“LR, NDGa.”). Pro se parties may obtain certain basic materials and
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`hand-outs from the Office of the Clerk of Court located on the 22nd Floor of the
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`United States Courthouse, 75 Spring Street, S.W., Atlanta, Georgia. Many
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`documents are also available on the Court’s website at www.gand.uscourts.gov.
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`Pro se litigants may also utilize the law library located on the 23rd floor of the
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`United States Courthouse at the above provided address.
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`Counsel and parties representing themselves are prohibited from engaging in
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`ex parte communications with the Court or the Court’s staff. “Ex parte
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`communications” mean any form of contact with the Court outside the presence of
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`the opposing party or opposing party’s counsel. This includes, but is not limited
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`to, telephone calls, written correspondence, or in-person contact, by one party or
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`party’s counsel. If counsel or a pro se litigant seeks court action, the appropriate
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`Case 1:13-cv-02528-AT Document 5 Filed 08/02/13 Page 8 of 32
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`procedure is to put the request in writing, in the form of a motion, file the motion
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`with the Clerk’s office and serve the opposing party or party’s counsel. See Fed. R.
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`Civ. P. 5; LR 5.1 and 5.2, NDGa.; see also LR 7.4, NDGa. (“Communications to
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`judges seeking a ruling or order, including an extension of time, shall be by motion
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`and not by letter. A letter seeking such action ordinarily will not be treated as a
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`motion. Counsel [and pro se litigants] shall not provide the Court with copies of
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`correspondence among themselves relating to matters in dispute.”).
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`The Clerk of Court and the U.S. Marshals Service will not serve documents
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`filed by either party, unless expressly directed to do so by the Court. The Court
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`will only direct the Clerk or the U.S. Marshals Service to serve in the following
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`instances: (1) in the event a plaintiff is granted leave to proceed in forma pauperis
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`(without prepayment of fees), the Court will direct the Clerk to prepare (and
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`deliver to the U.S. Marshals Service if necessary) a service package containing the
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`case initiating document(s) or (2) in exceptional circumstances under the Court’s
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`discretion. The National Association of Professional Process Servers provides a
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`search engine for locating process servers across the nation at its website
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`(www.napps.org).
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`A pro se plaintiff is REQUIRED to provide the Clerk with an original of
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`any further pleadings or other papers filed with the Court after the complaint and is
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`Case 1:13-cv-02528-AT Document 5 Filed 08/02/13 Page 9 of 32
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`further REQUIRED to SERVE upon the defendant(s) or counsel for the
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`defendant(s),1 by mail or by hand delivery under Rule 5 of the Federal Rules of
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`Civil Procedure, a copy of every additional pleading or other paper described in
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`Rule 5 of the Federal Rules of Civil Procedure.
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`Each pleading or paper described in Rule 5, including pleadings, papers
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`related to discovery required to be served, motions, notices and similar papers,
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`shall include a certificate stating the date on which an accurate copy of that
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`pleading or document was mailed or hand-delivered to the defendant(s) or their
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`counsel. This Court shall disregard any papers submitted which have not been
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`properly filed with the Clerk, or which do not include a certificate of service. Pro
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`se parties are also ADVISED that, under Local Rule 7, NDGa, “PLEADINGS
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`ALLOWED; FORM OF MOTIONS,” if the deadline for a response to a motion
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`passes without a response being filed, the motion is deemed unopposed. See LR
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`7.1B, NDGa. Furthermore, under Local Rule 56.1, NDGa, the failure by a
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`respondent to a motion for summary judgment to contest the movant’s statement of
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`material facts will be taken as an admission of those facts not objected to in
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`respondent’s statement.
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`1 Once counsel for a defendant has appeared in the case, it is not necessary to serve the defendant
`individually; service on counsel is sufficient.
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`Case 1:13-cv-02528-AT Document 5 Filed 08/02/13 Page 10 of 32
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`Pro se parties are further REQUIRED to keep the Court advised of their
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`current address at all times during the pendency of the lawsuit. Local Rule
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`83.1D.(3), NDGa. provides that counsel and parties appearing pro se have, in all
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`cases, a duty to notify the Clerk's Office by letter of any change in address and/or
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`telephone number. Per this rule, “a failure to keep the clerk's office so informed
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`which causes a delay or otherwise adversely affects the management of a civil case
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`shall constitute grounds for dismissal without prejudice or entry of a judgment by
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`default.”
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`
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`II. CASE MANAGEMENT
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`a.
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`Extensions of Time
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`
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`The Court, along with counsel for the parties, is responsible for processing
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`cases toward prompt and just resolutions. To that end, the Court seeks to set
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`reasonable but firm deadlines. Motions for extension, whether joint, unopposed, or
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`designated as consent, will not be granted as a matter of course. Parties seeking an
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`extension should explain with specificity the unanticipated or unforeseen
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`circumstances necessitating the extension and should set forth a timetable for the
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`completion of the tasks for which the extension is sought.
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`Case 1:13-cv-02528-AT Document 5 Filed 08/02/13 Page 11 of 32
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`
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`b.
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`Conferences
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`Scheduling, discovery, pre-trial and settlement conferences promote the
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`speedy, just, and efficient resolution of cases. Therefore, the Court encourages the
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`parties to request a conference with the Court when counsel believes that a
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`conference will be helpful and counsel has specific goals and an agenda for the
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`conference. Conferences may be requested by contacting the Courtroom Deputy
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`Clerk via e-mail or telephone.
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`c.
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`Discovery
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`Initial disclosures should be as complete as possible based upon information
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`reasonably available. Responses may not be reserved for later supplementation.
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`i.
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`General Principles of Discovery
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`Counsel and pro se litigants should be guided by courtesy, candor and
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`common sense, and should conform to the Federal Rules of Civil Procedure, the
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`Local Rules and applicable orders in conducting discovery. In particular, counsel
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`and pro se litigants should have in mind the restrictions on the scope of discovery
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`stated in Fed. R. Civ. P. 26(b) and the good faith obligations implicit in Rule 26(g).
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`Direct and informal communication between counsel is encouraged to facilitate
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`discovery and resolve disputes. In this regard, the Court refers counsel and parties
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`Case 1:13-cv-02528-AT Document 5 Filed 08/02/13 Page 12 of 32
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`to the guidance offered by the district court for the Central District of California in
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`O’Connor v. Boeing North American, Inc., 185 F.R.D. 272, 284 (C.D. Cal. 1999):
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`
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`The Court would like to take this opportunity to address the parties
`and their counsel, to stress that “[t]he discovery system depends
`absolutely on good faith and common sense from counsel. The courts,
`sorely pressed by demands to try cases promptly and to rule
`thoughtfully on potentially case dispositive motions, simply do not
`have the resources to police closely the operation of the discovery
`process. The whole system of [c]ivil adjudication would be ground to
`a virtual halt if the courts were forced to intervene in even a modest
`percentage of discovery transactions. That fact should impose on
`counsel an acute sense of responsibility about how they handle
`discovery matters. They should strive to be cooperative, practical and
`sensible, and should turn to the courts (or take positions that force
`others to turn to the courts) only in extraordinary situations that
`implicate truly significant interests.”
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`(Citations omitted).
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`All discovery must be served early enough so that the responses thereto are
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`due on or before the last day of the discovery period. Requests for extension of the
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`discovery period or deadlines within the discovery period must be made in
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`accordance with Local Rule 26.2B, NDGa. All requests for extensions of the
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`discovery period must be made via motion and must state: (1) the original (and if
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`applicable, current) date from which the extension is being sought; (2) the number
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`of previous requests for extensions, if any; (3) whether these previous requests
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`were granted or denied; and (4) whether the adversary consents, and if not, the
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`Case 1:13-cv-02528-AT Document 5 Filed 08/02/13 Page 13 of 32
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`reasons given by the adversary for refusing to consent. An agreed upon or consent
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`motion to extend the discovery period or deadlines therein should be clearly
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`designated as a consent motion. Motions must be filed prior to the expiration of the
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`existing discovery period. The Court will not enforce the private agreements
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`between the parties and/or their counsel to conduct discovery beyond conclusion of
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`the discovery period.
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`The Court does not allow evidence at trial which was requested and not
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`revealed during the discovery period.
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`Discovery Responses: Boilerplate and General Objections
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`ii.
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`Boilerplate objections in response to discovery requests are strictly
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`prohibited. Parties should not carelessly invoke the usual litany of rote objections,
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`i.e., attorney-client privilege, work-product immunity from discovery, overly
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`broad/unduly burdensome, irrelevant, not reasonably calculated to lead to the
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`discovery of admissible evidence.
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`Moreover, general objections are prohibited, i.e., a party shall not include in
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`his response to a discovery request a “Preamble” or a “General Objections” section
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`stating that the party objects to the discovery request “to the extent that” it violates
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`some rule pertaining to discovery, e.g., the attorney-client privilege, the work
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`product immunity from discovery, the requirement that discovery requests be
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`Case 1:13-cv-02528-AT Document 5 Filed 08/02/13 Page 14 of 32
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`reasonably calculated to lead to the discovery of admissible evidence, and the
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`prohibition against discovery requests that are vague, ambiguous, overly broad, or
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`unduly burdensome. Instead, each individual discovery request must be met with
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`every specific objection thereto -- but only those objections that actually apply to
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`that particular request. Otherwise, it is impossible for the Court or the party upon
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`whom the discovery response is served to know exactly what objections have been
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`asserted to each individual request. All such general objections shall be
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`disregarded by the Court.
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`Finally, a party who objects to a discovery request but then responds to the
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`request must indicate whether the response is complete, i.e., whether additional
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`information or documents would have been provided but for the objection(s). For
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`example, in response to an interrogatory a party is not permitted to raise objections
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`and then state, “Subject to these objections and without waiving them, the response
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`is as follows . . .” unless the party expressly indicates whether additional
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`information would have been included in the response but for the objection(s).
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`
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`iii.
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`Interrogatories
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`Whenever possible, counsel should try to exchange information informally.
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`The results of such exchanges, to the extent relevant, may then be made of record
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`by requests for admission.
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`Case 1:13-cv-02528-AT Document 5 Filed 08/02/13 Page 15 of 32
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`The parties are expected to observe the limitations regarding the number and
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`scope of interrogatories as stated in Fed. R. Civ. P. 26(b) and 33. Counsel’s or a
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`pro se litigant’s signature on the interrogatories constitutes a certification of
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`compliance with
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`those
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`limitations.
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`Interrogatories
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`should be brief,
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`straightforward, neutral, particularized and capable of being understood by jurors
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`when read in conjunction with the answer. Ordinarily, they should be limited to
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`requesting objective facts, such as, the identification of persons or documents,
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`dates, places, transactions, and amounts. Argumentative interrogatories, attempts to
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`cross-examine, and multiple repetitive interrogatories are objectionable.
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`Fed. R. Civ. P. 33(b) requires the respondent to provide separate written
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`answers to each interrogatory unless it is objected to. If an objection is made, the
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`reason(s) for the objection shall be stated and the interrogatory is to be answered to
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`the extent it is not objectionable. When in doubt about the meaning of an
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`interrogatory, give it a reasonable interpretation (which may be specified in the
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`response) and answer it so as to provide rather than deny information. Generally,
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`the responding party is required to produce information only in the form in which
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`it is maintained or is available. If an answer is made by reference to a document,
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`attach it or identify it and make it available for inspection. (See No. 9 below).
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`Generalized cross-references, such as to a deposition, are not an acceptable answer.
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`Case 1:13-cv-02528-AT Document 5 Filed 08/02/13 Page 16 of 32
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`The parties are directed to consult Rules 26(b) and 33(b)-(d) about the
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`permissible scope of discovery and objections. Counsel’s or a pro se litigant’s
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`signature on the answer constitutes a certification of compliance with the
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`requirements of Fed. R. Civ. P. 26(g).
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`If an objection is based on privilege, the claim of privilege must be
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`supported by a statement of particulars sufficient to enable the Court to assess its
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`validity. In the case of a document, such a statement should specify the privilege
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`relied on and include the date, title, description, subject and purpose of the
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`document, the name and position of the author and the addresses of other
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`recipients. In the case of a communication, the statement should include the
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`privilege relied on and the date, place, subject and purpose of the communication
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`and the names and positions of all persons present. See Fed. R. Civ. P. 26(b)(5).
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`iv. Requests for Production or Inspection
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`Please consult Fed. R. Civ. P. 26(b) and 34 about the permissible scope of
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`discovery and objections. To the extent possible, requests should specify with
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`particularity the title and description of documents or records requested.
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`(Information needed for specification can often be obtained by informal discovery
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`or by deposition or by interrogatories, if necessary.) The certification requirement
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`of Fed. R. Civ. P. 26(g) applies.
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`Case 1:13-cv-02528-AT Document 5 Filed 08/02/13 Page 17 of 32
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`When responding to requests, materials (including electronically stored
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`information), should be produced in accordance with Fed. R. Civ. P. 34(b)(2)(E).
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`Documents should be produced either with labels corresponding to the categories
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`in the specific requests to which they respond or in the manner in which they are
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`kept in the usual course of business. Opening a warehouse for inspection by the
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`requesting party, burying the responsive documents in a mass of materials, and
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`similar procedures do not meet the good faith requirements of the rules. The
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`certification procedure of Fed. R. Civ. P. 26(g) is applicable.
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`Requests for Admission
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`v.
`
`Requests for admission are an economical and efficient means of making a
`
`record of informal exchanges of information, stipulations and matters subject to
`
`judicial notice, and of narrowing issues. Each request should be brief, clear,
`
`simple, addressed to a single point and stated in neutral, non-argumentative words.
`
`Requests ordinarily should deal with only objective facts. They may be combined
`
`with interrogatories to ask for the factual basis of a claim or a denial. The
`
`attorney’s or pro se litigant’s signature certifies compliance with Fed. R. Civ. P.
`
`26(g). Fed. R. Civ. P. 36(a)(4) requires that a response shall specifically deny a
`
`matter or set forth in detail the reasons why the party cannot admit or deny. A
`
`denial shall fairly meet the substance of the request, and when good faith requires,
`
`
`
`17
`
`
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`Case 1:13-cv-02528-AT Document 5 Filed 08/02/13 Page 18 of 32
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`a party shall specify so much as is true and qualify or deny the remainder. The
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`responding party has a duty to make reasonable inquiry before responding. The
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`certification requirement of Fed. R. Civ. P. 26(g) applies.
`
`
`vi. Depositions
`
`Barring extraordinary circumstances, opposing counsel and pro se litigants
`
`should be consulted, and the convenience of counsel, witnesses and the parties
`
`accommodated, before a deposition is noticed. Concurrent depositions are not
`
`permitted in the absence of stipulation or order.
`
`When counsel or a party enter into stipulations at the beginning of a
`
`deposition, the terms of the stipulation should be fully stated on the record of the
`
`deposition.
`
`Questions should be brief, clear and simple. A deposition should not be used
`
`to harass or intimidate a witness. Normally, except in the case of impeachment, a
`
`witness should be shown a document before being questioned about it.
`
`Under Fed. R. Civ. P. 30(c)(2), objections to the manner of taking the
`
`deposition, to the evidence or to the conduct of a party shall be noted on the record
`
`but the evidence objected to shall be taken subject to the objection. In the absence
`
`of a good faith claim of privilege, instructions not to answer are rarely justified and
`
`may lead to sanctions under Fed. R. Civ. P. 37. Speaking objections and other
`
`
`
`18
`
`
`
`Case 1:13-cv-02528-AT Document 5 Filed 08/02/13 Page 19 of 32
`
`tactics for coaching a witness during the deposition are not permissible. If counsel
`
`or a pro se litigant believes that a motion to terminate or limit the examination
`
`under Fed. R. Civ. P. 30(d) would be warranted, counsel and/or the pro se litigant
`
`should promptly initiate a conference call to the Court with opposing counsel for a
`
`pre-motion conference to attempt to resolve the problem.
`
`Fed. R. Civ. P. 26(b)(4) should be consulted regarding expert disclosures.
`
`Experts who are prospective witnesses are normally produced for deposition by the
`
`opposing party as a matter of course.
`
`The parties are expected to observe the limitations on depositions specified
`
`in Fed. R. Civ. P. 26(b) and 30 and, in particular, to avoid unnecessary depositions.
`
`
`
`Discovery Disputes
`
`Prior to the filing of a discovery motion, the parties should contact the
`
`d.
`
`
`
`Courtroom Deputy Clerk to request a conference with the Court, as the Court
`
`prefers for the parties to submit their discovery disputes to the Court before formal
`
`motions to compel or for a protective order are filed. The Courtroom Deputy Clerk
`
`will provide the parties with the avenue by which they may brief the Court on the
`
`dispute (generally 2 page, single-spaced statements), then she will schedule a
`
`conference with the Court following the conclusion of the briefing. If the dispute
`
`
`
`19
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`
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`Case 1:13-cv-02528-AT Document 5 Filed 08/02/13 Page 20 of 32
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`involves an interrogatory or request for production, the text of the request at issue
`
`shall be provided in the statement or attached thereto. These disputes are often
`
`resolved in a conference with the Court, thus avoiding a delay of discovery. The
`
`conference will be recorded by a court reporter.
`
`Counsel or pro se litigants are required to confer, by telephone or in person,
`
`in good faith before bringing a discovery dispute to the Court. See Fed. R. Civ. P.
`
`26(c) and 37(a)(1); LR 37.1A., NDGa. The duty to confer is NOT satisfied by
`
`sending a written document, such as a letter, e-mail or fax, to the adversary,
`
`UNLESS repeated attempts to confer by telephone or in person are unsuccessful
`
`due to the conduct of the adversary. If counsel or pro se litigants are unable to
`
`informally resolve the discovery dispute, they should arrange a telephone
`
`conference with the Court through the Court’s Courtroom Deputy Clerk. If the
`
`differences cannot be resolved during the conference with the Court, the Court will
`
`direct further proceedings. Motions to compel or for a protective order ordinarily
`
`should NOT be filed without a prior conference with the Court.
`
`
`
`
`
`
`e.
`
`Confidentiality Agreements, Protective Orders, and Motions to Seal
`
`If the parties find that a confidentiality agreement or protective order is
`
`necessary, the parties must follow the practice for filing and sealing documents as
`
`
`
`20
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`
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`Case 1:13-cv-02528-AT Document 5 Filed 08/02/13 Page 21 of 32
`
`described below, and must include this provision in any proposed agreement or
`
`protective order submitted for the Court’s consideration:
`
`
`
`As a general matter, this Court will seal only those items
`enumerated in the Court's Standing Order 04-02 regarding sensitive
`information and public access to electronic case files. If a party has
`very good cause to request sealing of material marked or identified as
`"CONFIDENTIAL," the party shall first present directly to Judge
`Totenberg’s chambers a sufficiently supported motion to file under
`seal. Further, the party shall indicate by entry of a "notice" on the
`CM/ECF docket that a motion to seal has been presented to the
`chambers. Attached to the motion should be the material desired to be
`sealed. The Court will then review the material in camera and make a
`decision whether to grant or deny the motion to seal. If the Court
`determines that the motion is to be granted, the Court will forward the
`motion, a signed order, and accompanying materials to the Clerk of
`the Court for entry of the motion on the CM/ECF docket and
`appropriate filing of the sealed materials. If the Court determines that
`the motion is to be denied, then the Court will contact the filing party,
`which may then retrieve the motion/materials and determine whether
`it wants to file the document without a seal.
`
`As further clarification, the Court notes that a mere reference or
`
`discussion of confidential information does not warrant sealing of the
`entire document and all attachments to be filed. Instead, the Court is
`only interested in sealing (or filing in a redacted format) very specific
`portions of documents
`that contain or refer
`to confidential
`information.
`
`
`The Court is aware that the parties will at times agree to designate
`
`documents as “confidential.” The Court will not approve consent protective orders
`
`that conflict with the Court’s view on the sealing of materials.
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`
`
`21
`
`
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`Case 1:13-cv-02528-AT Document 5 Filed 08/02/13 Page 22 of 32
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`The Clerk of the Court is not authorized to accept for filing any document
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`designated as sealed without an order from the Court approving specific documents
`
`to be filed under seal.
`
`
`
`f.
`
`
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`Electronic Filing of Exhibits and Attachments
`
`The parties should make every effort to label all electronically uploaded
`
`exhibits and attachments according to their content to assist the Court in making its
`
`ruling. For example, the Court would prefer to have documents uploaded as Ex. A:
`
`Smith Deposition, Ex. B: Employment Contract, and Ex. C: Jones Letter, rather
`
`than Ex. A, Ex. B, and Ex. C.
`
`
`
`g. Motions for Summary Judgment
`
`
`All citations to the record evidence should be contained in each party’s brief,
`
`not just in the party’s statement of undisputed (or disputed) facts. When filing a
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`brief in support of or in opposition to a motion for summary judgment, the party
`
`shall (a) simultaneously file the original transcript of each deposition referenced in
`
`the brief, and (b) electronically file a notice of filing of the deposition transcript(s).
`
`The party should include in the brief, immediately following the deposition
`
`reference, a citation indicating the page and line numbers of the transcript where
`
`
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`22
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`
`
`Case 1:13-cv-02528-AT Document 5 F
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