Blizzard Entertainment, Inc. v. Alyson Reeves et al

Filing 15

NEW CASE ORDER by Judge Stephen V. Wilson: This case has been assigned to the calendar of Judge Stephen V. Wilson. The Court fully adheres to Rule 1 of the Federal Rules of Civil Procedure which requires that the Rules be construed to secure the just, speedy and inexpensive determinationof every action. Counsel should also be guided by the following special requirements: [See document for details] (ake)

Case 2:09-cv-07621-SVW-AJW Document 15

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1 2 3 4 5 6 7 8 9 10 11 Blizzard Entertainment, Inc., 12 13 15 16 17 Plaintiff vs. Defendant. ) CASE NO.: CV09-7621-SVW-AJWx ) ) NEW CASE ORDER ) ) ) ) ) ) ) UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA

14 Alyson Reeves et al,

This case has been assigned to the calendar of Judge Stephen V. Wilson. The

18 Court fully adheres to Rule 1 of the Federal Rules of Civil Procedure which requires 19 that the Rules be "construed to secure the just, speedy and inexpensive determination 20 of every action." 21 22 24 2 6 /// 2 7 /// 28 /// Counsel should also be guided by the following special requirements: 1. The Plaintiff shall promptly serve the complaint in accordance with the Fed. 2. The attorney attending any proceeding before this Court must be the attorney

23 R. Civ. P. 4 and file the proofs of service pursuant to Local Rule 5-3. 25 who is primarily responsible for the conduct of the case.

Case 2:09-cv-07621-SVW-AJW Document 15

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3. Motions: Motions shall be filed and set for hearing in accordance with Local

2 Rule 7-4 through 7-8. Motions are heard on Mondays at 1:30 p.m., unless otherwise 3 ordered by this Court. If Monday is a national holiday, this Court DOES NOT hear 4 motions on the succeeding Tuesday. Any motions noticed for a holiday shall 5 automatically be set to the next Monday without further notice to the parties. 6 A. Page Limits: Memoranda of Points and Authorities in support of or in 7 opposition to motions shall not exceed 25 pages. Replies, thereto, shall not exceed 8 12 pages. These are maximum page limits. It is the Court's preference that the 9 pleadings be shorter. If it cannot be said briefly, then it is not a "brief." 10 11 B. Motions for Summary Judgment: Use of depositions. Pursuant to Local Rule 32-1, no original or copy of a deposition shall be

12 lodged in support of a Motion for Summary Judgment (or other substantive motion). 13 Counsel shall file the pertinent excerpts of depositions as an exhibit or supplement to 14 said motion. 15 4. DISCOVERY: ALL DISCOVERY MATTERS HAVE BEEN REFERRED 16 TO A UNITED STATES MAGISTRATE JUDGE (see initial designation in 17 parenthesis following the case number) for the specific purpose of hearing all 18 discovery matters. Discovery disputes of a significant nature should be brought 19 promptly before the Magistrate Judge. The Court does not look favorably upon delay 20 resulting from unnecessarily unresolved discovery disputes. Any discovery disputes 21 that are not resolved three (3) weeks prior to the scheduled trial date should be 22 brought promptly and directly to the attention of this Court. Counsel are directed to 23 contact the clerk for the assigned Magistrate Judge to schedule matter for hearing. 24 The words DISCOVERY MATTER shall appear in the caption of all documents 25 relating to discovery to insure proper routing. 26 The decision of the Magistrate Judge shall be final and binding, subject to 27 modification by the District Court only where it has been shown that the Magistrate 28 Judge's order is clearly erroneous or contrary to law.
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Within ten (10) days of an oral ruling which the Magistrate Judge indicates will

2 not be followed by a written ruling, or within ten (10) days of service upon him/her 3 of a written ruling any party may file and serve a motion for review and 4 reconsideration before this Court, specifically designating the portions of the decision 5 objected to and specifying wherein such portions of the decision are clearly erroneous 6 of contrary to law, with points and authorities in support thereof. A copy of the 7 moving papers and responses, etc., shall be delivered to the Magistrate Judge's clerk 8 for review upon the filing of said documents. 9 5. EX PARTE APPLICATIONS: Ex parte applications are considered on the 10 papers and are not set for hearing. Counsel are advised to file and serve their ex parte 11 applications as soon as they realize that extraordinary relief is necessary. Counsel are 12 advised that this Court allows ex parte applications solely for extraordinary 13 relief. Sanctions may be imposed for misuse of ex parte applications. See In Re: 14 Intermagnetics America, Inc., 101 Bankr. 191 (C.D. Cal. 1989). The requesting party 15 shall notify the responding party that opposing papers must be filed not later than 16 3:00 p.m. on the first business day succeeding the day the ex parte was served. 17 If counsel are not going to oppose the ex parte application, they must inform the clerk 18 at [phone]. Counsel will be notified by the clerk of the Court's ruling. 19 6. TRIAL PREPARATION: This Court strives to set trial dates as early as 20 possible and does not approve of unnecessarily protracted discovery. This Court 21 issues an "Order Re: Trial Preparation" upon the setting of a trial date. 22 7. CONTINUANCES: Continuances are granted only upon a showing of good 23 cause, particularly focusing upon evidence of diligent work by the party seeking delay 24 and of prejudice that may result from the denial of a continuance. Counsel requesting 25 a continuance MUST submit a detailed declaration as to the reason. Any continuances 26 requested not accompanied by said declaration will be rejected without notice to the 27 parties. The Court sets firm trial dates and will not change them without good cause 28 having been shown.
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8. STIPULATIONS: NO stipulations extending scheduling dates set by this All stipulations must be

2 Court are effective unless approved by this Court.

3 accompanied by a detailed declaration explaining the reason for the stipulation. Any 4 stipulation not in compliance with this Order or the Local Rules of the Central District 5 will automatically be rejected without notice to the parties. Stipulations shall be 6 submitted well in advance of the relief requested. Counsel wishing to know whether 7 or not a stipulation has been signed shall comply with Local Rule 11-4.5. 8 9. NOTICE: Counsel for plaintiff, or plaintiff, if appearing on his or her own 9 behalf, is required to promptly give notice of these requirements to the opposing 10 parties or their counsel. If this case came to this Court via a Notice for Removal, this 11 burden falls to the removing defendant. 12 10. NOTICE OF REMOVAL: Any answers filed in state court must be re-filed 13 in this Court as a supplement or exhibit to the Notice. If an answer has not, as yet, 14 been filed, said answer or responsive pleading shall be filed in accordance with the 15 Federal Rules of Civil Procedure and the Local Rules of the Central District. Any 16 pending motions must be re-noticed according to Local Rule 7-4. 17 11. BANKRUPTCY APPEALS: Counsel shall comply with the ORDER RE 18 PROCEDURE TO BE FOLLOWED IN APPEAL FROM BANKRUPTCY COURT 19 issued at the time the appeal is filed in the District Court. The matter is considered 20 submitted upon the filing of the appellant's reply brief. No oral argument is held 21 unless by order of this Court. 22 12. TRANSCRIPTS: Requests for transcripts shall be made to the Court 23 Reporter who reported the event. Reporter information can be found on the Court's 24 website at www.cacd.uscourts.gov, under Court Addresses & Directories - Western25 Spring or Western-Roybal. For additional Court Reporter Information, you may 26 contact the Court Reporter Scheduler at [phone]. Arrangements for daily 27 transcripts shall be made not later than five (5) days prior to the hearing or trial to be 28 transcribed. Requests for daily transcripts made on the day of the hearing/trial to be
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Case 2:09-cv-07621-SVW-AJW Document 15

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1 transcribed may not be honored; it shall be at the discretion of the assigned court 2 reporter. 3 5 Counsel representing the United States or one of its agencies shall present a 13. E-FILING: Documents may only be filed on the Court's electronic 4 preauthorization purchase order when ordering transcripts. 6 docketing system between the hours of 9:00 a.m. and 4:30 p.m., Monday through 7 Friday. Any documents filed before 9:00 a.m. and after 4:30 p.m. will be rejected even 8 if the system allows the upload of such documents. Mandatory chambers copies on 9 all e-filed documents shall be delivered to chambers within 24 hours of the filing. 10 11 Dated: January 22, 2010 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
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STEPHEN V. WILSON UNITED STATES DISTRICT JUDGE