Securities and Exchange Commission v. Musk Document 37: Order, Attachment 1

California Northern District Court
Case No. 3:23-mc-80253-JSC
Filed February 10, 2024

ORDER COMPELLING COMPLIANCE WITH ADMINISTRATIVE SUBPOENA.In the attached order, the court enforces the subpoena and directs the parties to confer within one week and settle on a date and location for the testimony. If they cannot agree, then they may submit a joint letter with their respective position (in accordance with the procedures in the court's Standing Order, attached), and the court will dispute the dispute for them. (Attachments: # (1) Standing Order)(Beeler, Laurel) (Filed on 2/10/2024)

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Page 1 Last revised November 16,
United States District Court
Northern District of California

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

San Francisco Division

STANDING ORDER FOR MAGISTRATE JUDGE LAUREL BEELER

Parties must comply with the procedures in the Federal Rules of Civil and Criminal Procedure,

the local rules, the general orders, this standing order, and the Northern District’s standing order

for civil cases titled “Contents of Joint Case Management Statement.” The rules are available at

http://www.cand.uscourts.gov. The parties’ failure to comply with the rules may be a ground for

monetary sanctions, dismissal, entry of judgment, or other appropriate sanctions.
CALENDAR DATES AND SCHEDULING

Motions are heard on Thursdays: civil motions at 9:30 a.m., criminal motions at 10:30 a.m., and

pretrial conferences at 1:00 p.m. Hearings are in person unless there is a ground for a

videoconference. Parties may stipulate to a hearing by videoconference one week before any

hearing. The parties may notice motions (other than discovery motions, discussed below) under the

local rules for any available Thursday on the court’s calendar (at http://www.cand.uscourts.gov).

Case-management conferences are on Thursdays: criminal cases at 10:30 a.m. in person and

civil cases by videoconference at 11:00 a.m. Civil case-management conferences are not recorded

unless a party asks or is appearing pro se.

Depending on its schedule, the court may reset or vacate hearings. For scheduling questions,
STANDING ORDER
Page 2
please contact courtroom deputy Elaine Kabiling at lbcrd@cand.uscourts.gov or 415-522-3140.
United States District Court
Northern District of California

CHAMBERS COPIES

If filings are voluminous, then the parties must lodge chambers copies that are double-side

printed and three-hole punched. They must be the electronically filed copies with the

PACER/ECF-generated header (case number, docket number, date, and ECF page number).

Exhibits must be tabbed and have a table of contents. If the paper copies are more than two inches

thick, then the parties must submit them in a binder.

In addition to paper copies, hyperlinked electronic copies should be submitted if feasible when

the supporting documents are lengthy. Any pinpoint citations in the briefs must link to the specific

page in the supporting exhibit. PDF briefs and bookmarked exhibits must be emailed to

lbpo@cand.uscourts.gov. If the file is too large to email, please lodge a thumb drive or share

access to a cloud-based hosting platform that allows court employees to download files.

Otherwise, the parties do not need to submit paper copies and instead can email a chambers

PDF copy to lbpo@cand.uscourts.gov. Parties do not need to submit electronic copies of

certificates of service, certificates of interested entities or persons, consents or declinations to the

court’s jurisdiction, stipulations that do not require a court order (see Civil Local Rule 6-1), or

notices of appearance or substitution of counsel.
CASE MANAGEMENT

1. Less-Experienced Lawyers
The court encourages parties to give less-experienced lawyers an opportunity to participate in
all court proceedings and to let the court know during the scheduling process.

2. Discovery

2.1 Privilege Logs

If a party withholds material as privileged, see Fed. R. Civ. P. 26(b)(5), it must produce a

privilege log that is sufficiently detailed for the opposing party to assess whether the assertion of
STANDING ORDER
Page 3
privilege is justified. The log must be produced as quickly as possible but no later than fourteen

days after the party’s disclosures or discovery responses are due unless the parties stipulate to, or

the court sets, another date. Privilege logs must contain the following: (a) the title and description

of the document, the number of pages, and the Bates-number range, if any; (b) the subject matter

or general nature of the communication (without disclosing its contents); (c) the identity and

position of its author; (d) the date of the communication; (e) the identity and position of the

recipients of the communication; (f) the location where the document was found; (g) the specific

basis for the assertion that the document is privileged or protected (including a brief summary of

any supporting facts); and (h) the steps taken to ensure the confidentiality of the communication,
United States District Court
Northern District of California

including an affirmation that no unauthorized persons received the communication.

2.2 Discovery Disputes

If parties have a discovery dispute, then counsel must confer by any means to resolve or narrow

their dispute. If that process does not resolve the dispute, then lead trial counsel must confer in

person if possible or at least by videoconference. Either party may demand a conference with one

week’s notice. The parties then may raise their dispute in a five-page letter brief (12-point font or

greater, reasonable margins, and page breaks between paragraphs). Lead trial counsel for both

parties must sign the letter and attest that they met and conferred in person or by videoconference.

The letter must discuss each dispute separately: each section must have one issue and (1)

describe the unresolved issue, (2) summarize each party’s position (with citations to the facts and

legal authority), and (3) provide each party’s final proposed compromise. The parties may submit

supporting declarations and documentation of up to fifteen pages.

After the parties submit their dispute, then the court will determine the next steps, including
issuing a ruling, ordering more briefing, or setting a hearing.

For discovery disputes involving third parties (usually under Federal Rule of Civil Procedure

45), the parties must try to use these procedures and at least must meet and confer (if possible) in

person or by videoconference for any dispute. If they cannot agree to these procedures, then the

moving party must file a noticed motion under the local rules and include in the notice a statement

about its compliance with these procedures.
STANDING ORDER
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For emergencies during events such as depositions, the parties may contact the court under Civil

Local Rule 37-1(b) by calling courtroom deputy Elaine Kabiling at 415-522-3140 and sending a joint

email describing the dispute to lbcrd@cand.uscourts.gov and lbpo@cand.uscourts.gov.

3. Amended Pleadings
If a party files an amended pleading, it must file as an attachment a blackline compare of the
amended pleading against the last pleading.

United States District Court
Northern District of California

4. Case-Management Statements
The first joint case-management conference statement in a case must have the information in

the Northern District’s standing order titled “Contents of Joint Case Management Statement.”

Subsequent statements need not repeat information in earlier statements and preferably will have

only new information.

5. Summary-Judgment Motions
The parties may not file separate statements of undisputed facts. See Civil Local Rule 56-2.

Joint statements of undisputed facts are not required but are helpful. Any joint statement must

include — for each undisputed fact — citations to admissible evidence.

IT IS SO ORDERED.

Dated: November 16,
______________________________________
LAUREL BEELER
United States Magistrate Judge
STANDING ORDER
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