Free Affidavit of Service - District Court of California - California

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HANA HILSENRATH .OLIVER HILSENRATH 822 Eastbrook Court Danville, CA 94506 Telephone: 925 212 6299 Facsimile: 925 736 7571 [email protected] PLAINTIFFS IN PRO PER

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA
HANA HILSENRATH et al,

Case No. C-07-2782 WHA DECLARATION OF HANA AND OLIVER HILSENRATH RG PROOF OF SERVICE OF DOCfS 6,7 & 8 ON THE SWISS CENTRAL AUTHORITY PURSUANT TO HAGUE CONVENTION AND ORDER OF THIS COURT

Plaintiffs,
v.

THE SWISS CONFEDERATION et al, Defendants.

I
We, Hana and Oliver Hilsenrath, plaintiffs in pro per declare the following to be true under penalty of perjury: Defendants Swiss Confederation et a1 were properly served with true copies of Orders 6, 7 and 8 of this Court, pursuant to the order of this court and according to the Hague Convention.

I

Defendants were served by registered mail and facsimile as presented in the attachment of this declaration. Dated: June 15, 2007 Respectfully submitted,

~

/s

/s OLIVER HILSENRATH

HANA HILSENRATH

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Fax
To:

Federal Justice Department
011-413 13226380

From:

Hana and Oliver Hilsenrath

Fax:

Pages: 19

Phone: 011-413 1-322-4310
Re:

Date:
CC:

611612007 [Click here and type name]

CASE No C 07 2782 MMC
For Review
-

17 Urgent
.

Please Comment

a Please Repfy

Please Recycte

-

Comments: Attached Court Orders in the above Case.

Also sent by US Registered Mail.

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Hana Hilsenrath, Oliver Hilsenrath 822 Eastbrook Court, Danville CA 94506 Tel: +I 212 6299, Fax: + I 925 736 7571 925 Email: Attorneys of Record In Proprfa Persona

June 15,2007
Federal Justice and Police Department, Federal Office for Police Matters, International Judicial and Extrajudicial Assistance, Bundesrain 20,3003 Bern, Switzerland, Tel. 011-41-31-322-4310, Fax 011-41-31-322-5380

RE: Proceedinas in the Federal Court of San Francisco No C 07 2782 MMC
Dear Madam or Sir, We hereby present a package of documents with the request to serve the persons and entities listed in attachment to this letter on the subject of the legal proceedings in federal court in San Francisco - California. Please note that the abovementioned case was transferred to Judge William H. Alsup. The attached order states that a Case Management Conference was scheduled on August
30,2007 at 11:OO a.m., before the Honorable William Alsup.

The parties shall report to Courtroom 9, on the 19th Floor, United States Courthouse, 450 Golden Gate Avenue, San Francisco, CA 94 102. Not less than seven days prior, counsel shall submit a joint case management conference statement not to exceed ten pages. All other deadlines in the initial case management scheduling order filed on May 29, 2007 remain in effect. We are much obliged, and thank you in advance for your courtesy,

1s

/s Oliver Hilsenrath

Hana Hilsenrath

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ANNEX TO FORM USM-94
ADDRESSES OF DEFENDANTS IN CASE NO. C 07 2782 MMC FOR THE PURPOSE OF SERVICE OF COMPLAINT

DEFENDANT 1: THE SWISS CONFEDERATION
Bundesrain 20, 3003 Bern, Switzerland, Tel. 0 11-41-3 1-322-4310, Fax 01 1-41-3 1-322-5380

DEFENDANT 2: THE FEDERAL ATTORNEY GENERAL OF SWITZERLAND
Bundesrain 20, 3003 Bern, Switzerland, Tel. 01 1-41-31-322-4310, Fax 01 1-41-31-322-5380

DEFENDANT 3 :GERARD SAUTEBIN
Office des juges d'instruction federaux Rue du Mont-Blanc 4 Case postale 1795 CH - 1211 Geneve 1 Tel: +41 22 906 90 20, Fax. +41 22 906 90 21,

DEFENDANT 4: BRENT HOLTKAMP
Taubenstrasse 16 Bern, CH-3003 Tel: +41 3 1 322 0662 Fax: +41 3 1 322 0503

Case 3:07-cv-02782-WHA
U.S.Department of Justice
United States Marshals Service

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REQUEST FOR SERVICE ABROAD OF JUDICIAL OR EXTRAJUDICIAL DOCUMENTS
DEMANDE AUX FINS DE SlGNlFlCATlON OU DE NOTIFICATION A L'ETRANGER D'UN ACTE JUDlClAlRE OU HTRAJUDICIAIRE
Convention on the sewlce abroad of judiclat and extrajudicial documents In clvii or commercial matters, signed at The Hague, November 15,1965. Convention reletive a la signification et a la notificstion B I'etrenger des edes judicieires ou extrejudicieires en matiere civile ou mmmerciale, signhe a La Haye, le t 5 novembre 1965. Identity and address of the applicant ldentite et adresse du requerant Address of Adresse de I'autorite destinataire

HANA HILSENRATH, OLIVER HILSENRATH 822 Eastbrook Court, Danville, CA 94506, USA Tel: + I 925 212 6299. Fax: + I 925 736 7571 email: [email protected] PLAINTIFFS IN PROPRIA PERSONA
I I
I

Federal Justice and Police Department, Federal Office for Police Matters, International Judicial and ExtrajudicialAssistance. Bundesrain 20, 3003 Bern, Switzerland, Tel. +41-31-322-4310, Fax +41-31-322-5380
I

The underslgned applicant has the honour to transmit -in duplicate- the documents listed below and, in conformity with article 5 of the above-mentioned Convention, requests prompt service of one copy thereof on the addressee, i.e., (identity and address) Le requerant soussignke e I'honneur de faire parvenrr-en double exemplaire-c4 I'autorite destinetarre les documents ci-dessous BnumBr6s, en la prient, confomBment B I'article 5 de le Convention pkcitGe, d'en feire remettre sens retard un exempleire au destineteire, e savoir: (rdentde et adresse)

1. SWISS CONFEDERATION; 2. SWISS FEDERAL ATTORNEY GENERAL; 3. GERARD SAUTEBIN; 4. BRENT HOLTKAMP SEE ADDRESSES IN ANNEX -

--

(a) in accordance with the provisions of sub-paragraph ( a )of the first paragraph of article 5 of the Convention." a) selon les fomes Iegeles (elticle 5 elinee premier, leffre a). (b) in accordance with the following particular method (sub-paragraph (b) of the first paragraph of article 5)*: b) selon le forme perticuliere suivente (article 5, elinea premier, leffre b) :

(c) by delivery to the addressee, if he accepts it voluntarily (second paragraph of article 5)': c) le ces BchBent, per remise simple (article 5, elinea 2).

The authority Is requested to return or to have returned to the applicant a copy of the documents and of the annexes with a certificate as provided on the reverse side. Cette autorite est priee de renvoyer ou de faire renvoyer eu requerant un exempleire de I'ecte - et de ses annexes - evec I'attestation figurent au verso.
List of documents Enumeration des pieces
Done at SAN FRANCISCO Fait a

. le

, the

15 JUNE 2007

IDOC NO 6 -- CASE NO. C 07 2782 MMC . 2. DOC NO 7 --CASE NO. C 07 2782 MMC 3. DOC NO 8 --CASE NO. C 07 2782 MMC

Signature and/or stamp Signature eUou cachet

HANA AND QrrwpR HILSE

-

\

/

'Detete if inappropriate Rayer les mentions inutifes.

Form USM-94 Est. 11/77 (Formerly OBDl16, which was formerly LAA-116, both of which may still be used)

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CERTIFICATE A TTESTATlON
The undersigned authority has the honour to certify, in conformity with article 6 of the Convention. L 'autorite soussignee a I'honneur d'attester confomement a I'article 6 de ladite Convention. 1 ) that the document has been served * I) que la demande a ete executee the (date) -- le (date) at (place, street. number) - a (localite, rue: numero)

-

-- in one of the following methods authorized by article 5:
-- dsns une des formes suivantes p&vues
a /'article 5:

(a) in accordance with the provisions of sub-paragraph ( a ) of the first paragraph of article 5 of the Convention*. a) selon les formes Iegales (article 5. slinea premier. letire a)
(b) in accordance with the following particular method: b) selon la forrne particuliere suivante: (c) by delivery to the addressee, who accepted it voluntarily.* c) par remise simple. The documents referred to in the request have been delivered to: Les documents rnentionnes dans la demande ont ete remis a:

- (identity and description of person) - (ldentite et qualite de la personne) - relationship to the addressee family, business or other - liens de parente de subordination ou autres avec le destinataire de I'acte:

2 ) that the document has not been sewed, by reason of the following fads': 2) que la dernande n'a pas ete executee, en raison des faits suivants:

In conformity with the second paragraph of article 12 of the Convention, the applicant is requested to pay or reimburse the expenses detailed in the attached statement* Conformement a I'article 12:alinea 2 de ladite Convention, le requerant est prie de payer ou de rembourser les frais , dont le detail figure au memoire ci-joint. ANNEXES Annexes Documents returned: Pieces ren voyees

In appropriate cases, documents establishing the service: Le cas echeant, les documents justificatifs de I'execution:

Done at Fait a Signature and/or stamp Signature eVou cachet

, the

. le

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SUMMARY OF THE DOCUMENT TO BE SERVED ELEMENTS ESSENTlELS DE LACTE
Convention on the service abroad of judicial and extrajudicial documents In civil or commercial matters, signed at The Hague, November 15,1965.

Convention relative a la signification et a la notification a /'&ranger des actes judiciaires ou extrajudiciaires en matiere civife ou commerciale, signee a La Haye, fe 15 novembre 1965.
(articte 5, fourth paragraph)

(article 5 alinea quatre) ,
Name and address of the requesting authority:
Norn et adresse de I'autodd requrirade:

DISTRICT COURT, SAN FRANCISCO, CALIFORNIA, 450 GOLDEN GATE AVE

Particulars of the parties:
ldentite des parties:

PLAINTIFFS FOR THE HILSENRATH FAMILY VERSUS DEFENDANTS- ALL MEMBERS OF SWISS GOV

JUDICIAL DOCUMENT
ACTE JUDlClA IRE

Nature and purpose of the document:
Nature et objet de I'ecte:

COURT ORDERS DECUMENTS 6 , 7 & 8 IN CASE NO C 07 2782 WHA

Nature and purpose of the proceedings and, where appropriate, the amount in dispute:
Nature et objet de I'instance, le cas khriant, le rnontant du Irtige:

CASE REASSIGNMENT AND ORDERS DOC'S 6.788

Date and place for entering appearance:
Date et lieu de la cornparution:

SAN FRANCISCO, 450 GOLDEN GATE AVE., CLERK OF COURT, NO LATER THAN JULY 29,2007

Court which has given judgment**:
Juridiction qui a rendu la decision:

SAN FRANCISCO FEDERAL DISTRICT COURT - JUDGE WILLIAM H. ALSUP

Dale ofludgmenr":
Date de la decision:

JUNE 11,2007

Time limits stated in the documenp*:
lndication des dgleis figurant dens I'acte:

CASE MAMAGEMENT CONFERENCE AUGUST 30,2007,

EXTRAJUDiClAL DOCUMENT
ACTE EXTRAJUDICIAIRE

Nature and purpose of the document:
Natune et objet de I'acte:

Time limits stated in the document:**
lndication des delais figurant dans I'acte:

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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

RELATED CASE ORDER

A Motion for Administrative Relief to Consider Whether Cases Should be Related or a Sua S ' n t e Judicial Referral for Purpose of Determining Relationship (Civil L.R. 3-12) has been filed. The time for filing an opposition or statement of support has passed. As the judge assigned to the earliest filed case below that bears my initials, I find that the more recently filed case(s) that I have initialed below are related to the case assigned to me, and such case(s) shall be reassigned to me. Any cases listed below that are not reIated to the case assigned to me are referred to the judge assigned to the next-earliest filed case for a related case determination.
CR03-00213 WHA
USA v. Hilwnrath, et al Hilsenr~th a1 Y. The Swiss Confederation et a1 et
WHA

C 07-02782 MMC

I find that the above case is rekited to the case assigned to me.

ORDER

Counsel are instructed that all future filings in any reassigned case are to bear the initials of the newly assigned judge immediately after the case number. Any case management conference in any reassigned case will be rescheduled by the Court. The parties shall adjust the dates for the conference, disclosures and report required by FRCivP 16 and 26 accordingly. Unless otherwise ordered, any dates for hearing noticed motions are vacated and must be renoticed by the moving party before the newly assigned judge; any deadlines set by the ADR Local Rules remain in effect; and any deadlines established in a case management order continue to govern, except dates for appearance in court, which will be rescheduled by the newly assigned judge.

Dated: June 11,2007

fl*
Judge William H. Alsup

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CERTIFICATE OF SERVlCE
I certify that on the date stated below, I lodged a copy of this order with each judicial officer and I mailed a copy to each counsel of record orpro se party in the cases listed above.

Richard W. Wieking, Clerk
DATED:

June 11,2007

By: Deputy Clerk
J

Copies to: Courtroom Deputies Case Systems Ad~~rinistralnrs Counsel of Record Entcred into .-ksigmncnt Proganr

I~ l ; ~ l C l

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IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTFUCT OF CALIFORNIA

HANA HILSENRATH, et al., Plaintiff,
v.

No. C 07-02782 WHA

THE SWISS CONFEDERATION, et al., Defendant.

CLERK'S NOTICE SCHEDULING INITIAL CASE MANAGEMENT CONFERENCE ON REASSIGNMENT

(Plaintifishall serve a copy of this notice on any party in the above-entitled action not appearing on the Notice of Electronic Filing or Other Case Activity andlor the attached Certificate of Service) YOU ARE NOTIFIED THAT the Court has scheduled an Initial Case Management Conference for August 30,2007 at 11:00 a.m., before the Honorable William Alsup. Please report to Courtroom 9, on the 19th Floor, United States Courthouse, 450 Golden Gate Avenue, San Francisco, CA 94102. Not less than seven days prior, counsel shall submit ajoint case management conference statement not to exceed ten pages. All other deadlines in the initial case management scheduling order filed on May 29,2007 remain in effect. Parties requesting a continuance shall submit a stipulation and proposed order. If the parties are unable to reach a stipulation, the requesting party shall submit an ex parte application with a proposed order. Dated: June 11,2007 FOR THE COURT,

Courtrooln DepuQ- to the Honorable Willia~i Alsup

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Last revised April 9; 2007.

IN THE LNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF CALIFORNIA

SUPPLEMENTAL ORDER TO ORDER SETTING INITIAL CASE MANAGEMENT CONFERENCE IN CIVIL CASES BEFORE JUDGE WILLIAM ALSUP

INTRODUCTION

The purpose of this supplemental order is to guide the parties on recurring practical questions that arise prior to trial and to impose certain requirements for the conduct of the case. Counsel must please read this order and follow it. SERVICE THIS ORDER OF
1.

For cases originating in this Court, plaintiff(s) must serve this order and the order

setting the initial case management conference (along with any other required pleadngs) on each defendant. For cases removed from state court, the removing defendant@)must senre this order and the order setting the initial case management conference (along with any other required pleadings) immediately on each and every party that has previously appeared or that appears within thirty days after removal. Thereafter, any existing party to the action that brings a new party into the action must immediately serve a copy of this order and the order setting the initial case management conference (along with any other required pleadings) on the new party.

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CASEMANAGEMENT CONFERENCE
2. The parties will please address the standardized items in the court-wide format for

the joint case management statement. This is available at the Standing Order For all Judges of the Northern District of California - Contents of Joint Case Management Statements. Please file (electronically or manually depending on your case) at least SEVEN CALENDAR DAYS prior to the case management conference.
3.

Each party shall be represented at the case management conference by counsel

(preferably lead counsel) prepared to address all such matters and with authority to enter stipulations and to make admissions.
4.

Pursuant to FRCP 26(d), no formal discovery shall be initiated by any party until

after the meet-and-confer session required by FRCP 26(f), except by stipulation or prior court order. As soon as a party has notice of this order, however, the party shall take such affirmative steps as are necessary to preserve evidence related to the issues presented by the action, including, without limitation, interdiction of any document-destruction programs and any ongoing erasures of e-mails, voice mails, and other electronically-recorded material.
ELECTRONIC CASEFILING

-LODGING HARD COPIES CHAMBERS WITH

5.

In all "E-Filing'' cases, in adltion to filing papers electronically, the parties are

required to lodge for chambers one paper copy of each document that is filed electronically. These printed copies shall be marked "Chambers Copy - Do Not File" and shall be in an envelop clearly marked with the judge's name and case number. It shall be delivered to the Clerk's office no later than noon on the day following the day that the papers were filed electronically. Parties shall not$le a paper copy of any document with the Clerk's Office that has already been filed electronically. For the final pretrial conference, please follow Guidelines
for Trial and Final Pretrial Conference In Civil Jury Cases Before the Honorable William Alsup.
6.

Any proposed order other than those routinely submitted in connection with

regularly-noticed motions shall be sent by e-mail to ''[email protected]" in Wordperfect or Microsoft Word format (never PDF). PLEASE include the case name and

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number on the "subject" line of the e-mail message. This address should only be used for such proposed orders.
SETTING MOTIONS

7.

Counsel need not request a motion hearing date and may notice non-discovery

motions for any Thursday (excepting holidays) at 8:00 a.m. Case management and final pretrial conferences will be set by the Court.
FORM SUBMISSIONS OF
8.

On summary judgment motions, joint statements of undisputed facts are not

required but are helpful if completely agreed upon. Please do not file separate statements of "undisputed facts."
9.

Reply declarations are disfavored. Opening declarations should set forth all facts

on points foreseeably relevant to the relief sought. Reply papers should not raise new points that could have been addressed in the opening.
10.

The title of the submission must be sufficient to alert the Court to the relief

sought; for example, please do not bury a request for continuance in the body of a memorandum.
11.

All submissions filed with the Court shall include on the cover sheet the date and

time of the hearing or conference. Counsel should include their facsimile transmission numbers along with their telephone numbers on their papers.
DISCOVERY
12.

The following paragraphs on discovery provide counsel and the parties with

views and guidelines of Judge Alsup so that they can plan accordingly. For good cause, the parties are invited to propose any modifications in their joint case management conference statement. Unless and until modified, however, the following provisions shall supplement the requirements of the Federal Rules of Civil Procedure m d the local rules.
13.

In responding to requests for documents and materials under FRCP 34, all parties

shall aflrmatively state in a written response the full extent to which they mill produce materials and shall, promptly after the production, confirm in writing that they have produced all such materials so described that are locatable after a diligent search of a!! locations at which such

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materials might plausibly exist. It is not sufficient to state that "responsive" materials will be or have been produced. Such a response leaves open the distinct possibility that other responsive materials have not been produced.
14.

In searching for responsive materials in connection with FRCP 34 requests or for

materials required to be disclosed under FRCP 26(a)(l), parties must search computerized files, e-mails, voice mails, work files, desk files, calendars and diaries, and any other locations and sources if materials of the type to be produced might plausibly be expected to be found there. The Court has found that certain basic information normally learned by counsel anyway should be made available to the other side at the time of production, as if it were a response to a standing interrogatory, as follows. At the time of the production, the responding party should provide a written list to the requesting party setting forth in detail each specific source and location searched. The list must also identify, by name and position, all persons conducting the search and their areas of search responsibility. The producing party shall also provide a list describing the specific source for each produced item as well as for each item withheld on a ground of privilege, using the unique identieing numbers to specify documents or ranges. Materials produced in discovery should bear unique identifying control numbers on each page. 15. To the maximum extent feasible, all party files and records should be retained

and produced in their orignal form and sequence including file folders, and the originals should remain available for inspection by any counsel on reasonable notice. 16. Except for good cause, no item shall be received as case-in-chief evidence if the

proponent has failed to produce it in response to a reasonable and proper discovery request covering the item, regardless of whether any discovery motion was made. A burden or overbreadth or similar objection shall not be a valid reason for withholding requested materials actually known to counsel or a party representative responsible for the conduct of the litigation.
17.

Privilege logs shall be promptly provided and must be sufficiently detailed and

informative to justify the privilege. See FRCP 26(b)(5). No generalized claims of privilege or work-product protection shall be permitted. With respect to each communication for which a

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claim of privilege or work product is made, the asserting party must at the time of assertion identify: (a) all persons making or receiving the privileged or protected

communication; (b) the steps taken to ensure the confidentiality of the communication,

including affirmation that no unauthorized persons have received the communication; (c) (d) the date of the communication; and the subject matter of the communication.

Failure to furnish this information at the time of the assertion will be deemed a waiver of the privilege or protection. The log should also indicate, as stated above, the location where the document was found.
18.

Absent extraordinaq circumstances, counsel shall consult in advance with

opposing counsel and unrepresented proposed deponents to schedule depositions at mutually-convenient times and places. That some counsel may be unavailable shall not, however, be grounds for deferring or postponing a deposition if another attorney from the same firm or who represents a party with similar interests to that witness is able to attend. Ordinarily, if one side desires a prompt deposition, the other side is expected to agree to dates falling within
thirty days of the request. On the other hand, rarely should one side expect the other side to

agree to a deposition sooner than seven days of the request.
19.

If any objection to a request for materials is overruled, and if the disputed request

was due and pending at the time of a deposition, the withholding party or counsel n~ust, the at
request of any other party, re-produce all deponents under its control or represented by them for further deposition examination as to any new materials produced in response that are germane to that deponent and must bear the expense of doing so. A party objecting to producing requested materials may not use the existence of its own objections as a basis for postponing any deposition unless such party promptly meets and confers and then, if failing to reach an agreement, seeks to bring a prompt motion for a protective order.

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20.

Counsel and parties shall comply with FRCP 30(d)(l). Deposition objections

must be as to privilege or form only. Speaking objections are prohibited. Under no circumstances should any counsel interject, "if you know," or othenvise coach a deponent. When a privilege is claimed, the witness should nevertheless answer questions relevant to the existence, extent or waiver of the privilege, such as the date of a communication, -7ho made the statement, to whom and in whose presence the statement was made, other persons to whom the contents of the statement have been disclosed, and the general subject matter of the statement. Private conferences between deponents and attorneys in the course of examination, including a line of related questions, are improper and prohibited except for the sole purpose of determining whether a privilege should be asserted.
21.

Deponents and their counsel must make a good-faith effort to prepare for

depositions and to refresh witness memories on important matters in the suit about which the witness reasonably should be expected to have knowledge. Deponents who claim to lack recollection during their deposition but -7ho later claim at trial to have had their memories refreshed in the interim, may be, among other things, impeached with their previous failures of recollection during their depositions or be subject to preclusion. In preparing deponents, defending counsel shall segregate and retain all materials used to refresh their memories and shall provide them to examining counsel at the outset of the deposition. 22. To the maximum extent feasible, deposition exhibits shall be numbered in a

simple manner that will allow the same numbering at trial. In discovery. counsel shall agree on blocks of exhibit numbers to be used by the respective parties. Identical exhibits should not be re-marked, but various versions of the same document, such as copies with hand notes added, should be separately marked if used. See Local Rule 30-2(b)(3). 23. FRCP 26(a)(2)(B) requires disclosure of all opinions, bases, reasons and "other

information considered" by an expert. Counsel shall preserve all drafts of expert reports (partial or complete) and notes and other evidence of communications with experts (or with any intermediaries between counsel and the experts) on the subject of this actual or potential testimony, and shall instruct their experts and any intermediaries to do likewise. All such

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materials shall be produced upon expert designation (unless a11 parties otherwise stipulate in writing). This requirement does not apply to intermediate drafts prepared solely by the testifjling expert not provided to or discussed with anyone else. Counsel's private notes of conversations will be treated as work product and need not be produced absent the showing required by FRCP 26(b)(3).
24.

With respect to depositions under FRCP 30(b)(6), the fundamental purpose is to

allow a party to notice a deposition by subject matter. thereby requiring the respondent to designate and to produce one or more organization witnesses knowledgeable on the designated topic, a useful procedure when the roles of percipient witnesses controlled by an adverse party are unknown. In some cases, however, counsel routinely appear to notice Rule 30(b)(6) depositions on numerous and wide-ranging topics, including even the basis for "contentions" made by adverse parties. To obviate disputes and to give guidance, these guidelines will be observed: (a) Without a prior order increasing the limit, a party may seek

Rule 30(b)(6) depositions from another party on up to a total of ten subject matters (for the entire case) described with "reasonable particularity." In framing the subjects, it is normally improper to ask for Rule 30(b)(6) deponents to testify concerning the entire basis of a claim or defense. On the other hand, examples of proper subjects, which would require the respondent to find and to produce knowledgeable deponents, include "the time line of research and development leading to the invention in question" or "the efforts undertaken by defendant to locate documents responsive to plaintiffs document request." The notice should be directed at discovering percipient facts in the possession of the adverse party, not at forcing a supposed "fact witness7'to appear and defend the entire thesis of a claim or defense. If a notice includes an overbroad topic, the overbroad topic shall be unenforceable and may not be later replaced with a proper topic. (b) Each witness-designee deposed for one half-day or more in a

Rule 30(b)(6) deposition shall count as a single deposition for purposes of the

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deposition limit under FRCP 26 or under any case management order setbng a limit on the number of depositions. A corporate designee may, immediately after being deposed on the stated subject, be deposed in his or her individual capacity. Both such sessions shall count together as a single deposition (although they should be separately transcribed). If two designees, to take another example, are interrogated, each for one half-day or more, then they count as two depositions. (c) If an organization cannot reasonably locate a witness to testifL

based on personal knowledge, there is no requirement under Rule 30(b)(6) for the organization to "woodshed" or to "educate" an individual to testi@ on the subject. If the organization does not produce any such deponent, however, the organization may not present case-in-chief evidence at trial or on summary judgment on that topic from any witness it could have so designated. (d) Rule 30(b)(6) testimony never constitutes an irrebuttablejudicial

admission. It will normally, however, be evidence admissible against the organization producing the witness. The jury may, upon request, be instructed on the significance of the testimony under Rule 30(b)(6). 25. If a dispute arises during a deposition and involves either a persistent obstruction

of the deposition or a refusal to answer a material question on a ground other than privilege, counsel may attempt to arrange a telephone conference with the Court through the courtroom deputy, Dawn Toland, at 415-522-2020. Any such conference should be attended by the same court reporter recording the deposition. 26.

All other requests for discovery relief must first be summarized in a letter no

longer than three pages from the party seeking relief after having met and conferred. Up to twelve pages of attachments may be added. In the letter, counsel should identi@ themselves in the signature block as "counsel for

." The letter should be elecdronicnlly-filed m

the o@cialfile along with the discovery-dispute requests and responses. as well as any timely letter cancelling the hearing ifsettlement is reached. Counsel may send (and manually file) their
letters via the United States mail if their case is not an e-file case. (Please note that with all

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communications with the Court by e-filing, a hard copy must be lodged in the Court's mail box in the Clerk's Office on the sixteenth floor no later than noon of the following day.) The Court will then advise the parties whether a response, written motion or a telephone conference or court hearing will be required. After the telephone conference or hearing, counsel should submit their proposed order (agreed as to form) by efiling it andlor by United States mail. This paragraph applies only to cases wherein discovery is being supervised by the district judge rather than by a magistrate judge or special master.

DISCLOSURES
27. Apart from discovery, Rule 26 requires certain automatic disclosures and requires

them to be made in a timely manner. Under Rule 37(c), untimely-disclosed materials may not be used at trial or on summary judgment unless the delay in disclosure is "harmless" or unless "substantial justification" for the delay is shown.

COMMUNICATIONS CHAMBERS WITH
28. Please do not send any letters to the Court (except for requests for discovery

conferences, short cover letters for dismissals, orders agreed-upon as to form, or chambers copies of electronically-filed documents). When corresponding with the Court by letter, always identify whom you represent. Please do not fax or messenger anything to chambers without advance permission specific to the item. If you need to messenger a letter to the Court, please have it taken directly to the Clerk's Office. If you want the official file to be complete, you must either take your letter to the Clerk's Office on the sixteenth floor md request it to be filed in the official files, or mail it to the Clerk's Office for filing, or e-file it if the case is an e-filed case; the chambers staff is not responsible for filing your documents.
29.

You may contact the courtroom deputy, Dawn Toland (on the sixteenth floor in

the Clerk's Office), at 415-522-2020 with appropriate inquiries. Except for the letters described above, please do not attempt to make contact by telephone or any other expnrte means with chambers staff.

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CROSS REFERENCE TO OTHER STANDING ORDERS AND GUIDELINES

30.

The Court has separate standing guidelines for preparation for the final pretrial

conference and trial. In securities cases, the Court has a standing order concerning early notice to class members. They are always available for review at the website for the United States District Court for the Northern District of California at www.cand.uscourts.gov.

Dated: April 9,2007

UNITED STATES DISTRICT JUDGE

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HP OfficeJet G Series G85 Personal Printer/Fax/Copier/Scanner

Fax-History Report for Hana & Oliver Hilsenrath 001 925 736 7571 16 Jun 2007 13: 16

Last Fax
Time 16Jun 13:ll Sent Identification 01141313225380 Duration Pag.es Result 5: 14 19 OK

Result: OK - black and white fax Okay color - color fax

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