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Anthony Malfatti v. Mortgage Electronic Registrations Systems

UNITED STATES DISTRICT COURT Northern District of California San Francisco Division


January 23, 2013

ANTHONY MALFATTI,
PLAINTIFF,
v.
MORTGAGE ELECTRONIC REGISTRATIONS SYSTEMS, INC. ET AL.,
DEFENDANTS.

The opinion of the court was delivered by: Laurel Beeler United States Magistrate Judge

ORDER RE: JOINT STATEMENT OF COURT OURT DISTRICT UNDISPUTED FACTS

17 ECF No. 60. Along with S S

On January 2, 2013, Defendants moved for summary judgment. See 18 their motion, Defendants filed a Statement of Undisputed Facts. See ECF No. 60-1. Defendants 19 stated that they "repeatedly attempted to meet and confer with counsel for Plaintiff in this case to

20 submit a joint statement," but Plaintiff's counsel did not respond. Id. at 2. Now in opposition to 21 Defendants' motion for summary judgment, Plaintiff filed his own "Statement of Disputed Facts." 22 See ECF No. 67-1. Plaintiff's counsel does not explain his failure to comply with the court's 23 standing order. 24 To remedy this violation, the parties are ordered to meet and confer to produce a joint statement 25 of undisputed facts according to the following schedule: 26 * Defendants will e-mail a copy of their proposed joint statement of undisputed facts to Plaintiff no 27 later than noon on January 24, 2013. 28 * By 5:00 p.m. on January 24, 2013, Plaintiff will e-mail a response to Defendants with his 1 proposal. 2 * Defendants will reply no later than 10 a.m. on Friday January 25, 2013. 3 * Plaintiff shall file the joint statement of undisputed facts by noon on Friday January 25, 2013. 4 * If the parties have not agreed on a joint statement of undisputed facts by 10 a.m. on Friday 5 January 25, 2013, counsel are ordered to appear in court at noon that day. At that time, counsel 6 shall meet and confer in person in the court's jury room. Counsel should bring their computers 7 and their previously-exchanged proposed statements and hammer it out real time. Should such 8 an appearance be necessary, the parties shall advise the court by contacting courtroom deputy 9 Lashanda Scott at 415-522-3140 or by e-mail to the court's proposed orders box at 10 lbpo@cand.uscourts.gov no later than 11:00 a.m. on Friday, January 25. At that time the court 11 may reschedule the in-person meet and confer to 9:00 a.m on Saturday, January 26, 2013. 12 The schedule above sets for the court's minimum expectations. The parties may deviate from this

For the Northern District of California For the Northern District of California COURT 13 schedule by exchanging drafts more frequently than provided above. Failure to meet these D 16 After the joint statement of undisputed facts is filed, the parties may, but need not, file corrected

14 minimum expectations, however, will result in sanctions. Because joint statements of undisputed 15 facts make the court's job easier, the court urges the parties to cooperate as much as possible.

summary judgment papers that cite to the joint statement of undisputed facts. Only the citations may S 18 be changed and any corrected summary judgment papers must be filed by January 31, 2013.

IT IS SO ORDERED.

20130123

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