LegalZoom.com Inc v. Rocket Lawyer Incorporated
Filing
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ORDER REGARDING RULE 26(f) SCHEDULING CONFERENCE AND JOINT REPORT by Judge Gary A. Feess. Scheduling Conference set for 4/15/2013 at 1:30 PM before Judge Gary A. Feess. (rfi)
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UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
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10 LEGALZOOM.COM INC
Plaintiffs,
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CASE NO:
2:12−cv−09942−GAF−AGR
v.
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ROCKET LAWYER INCORPORATED
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Defendants.
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ORDER REGARDING RULE 26(f)
SCHEDULING CONFERENCE AND
JOINT REPORT
Monday, April 15, 2013 at 01:30 PM
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18 NOTICE TO COUNSEL: UNDER THE 2000 AMENDMENTS TO THE
FEDERAL RULES OF CIVIL PROCEDURE, RULES 16(b), 26(a)(1),
19 26(a)(3), 26(a)(4), 26(d), AND 26(f) ARE NOW EFFECTIVE IN THIS
20 DISTRICT. COUNSEL ARE EXPECTED TO BE FAMILIAR WITH
THOSE RULES AND WITH THIS COURT’S ORDER REGARDING
21 THE RULE 26(f) EARLY MEETING.
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This action has been assigned to Judge Gary Allen Feess for all purposes.
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The responsibility for the progress of litigation in the Federal Courts falls
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not only upon the attorneys in the action, but upon the Court as well. To secure
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the "just, speedy, and inexpensive determination of every action," Fed. R. Civ.
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P. 1, all counsel are hereby ordered to become familiar with the Federal Rules
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of Civil Procedure and the Local Rules of the Central District of California.
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The Court further orders as follows:
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1.
Rule 26(f) Meeting of Counsel and Commencement of Discovery.
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The Court expects that counsel will participate in the meeting required by Rule 26(f)
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in a good faith manner, with full disclosures and open (not grudging) exchanges
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of information as contemplated by Rules 26(a). It is advisable for counsel to
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begin discovery and conduct it actively at the earliest possible time because they
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will have limited time to complete discovery after this Court’s Rule 26(f)
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Scheduling Conference.
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2.
Joint Scheduling Conference Report. Counsel shall jointly file a Joint
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Scheduling Conference Report (hereinafter "Joint Report") at least seven (7)
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calendar days before the date set for the Scheduling Conference. It should
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be titled "Joint Scheduling Conference Report Pursuant to Rule 26(f)." A Joint
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Scheduling Conference Report which does not comply with this Order likely
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will result in a continuance of the Scheduling Conference and possible sanctions.
"Jointly" contemplates a single report, regardless of how many separately−
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represented parties there are. The Joint Report shall report shall include the
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following:
a.
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a brief description of the key legal issues.
c.
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a short synopsis (not to exceed two pages) of the main
claims, counterclaims, and/or affirmative defenses.
b.
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a list of percipient witness and key documents on the core
issues of the case.
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d.
the realistic range of provable damages.
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e.
whether there is insurance coverage.
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f.
a statement of the likelihood of: motions seeking to add other
parties or to file amended pleadings; motions to transfer
venue.
g.
a discussion of the present state of discovery, including a
description of completed discovery and a schedule of all
contemplated future discovery.
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h.
a detailed written discovery plan, as contemplated by Rule
26(f), including the identity of all anticipated depositions by
each party, contemplated written discovery requests,
including requests for admission, document requests, and
written interrogatories, and a schedule for the completion of
all items of discovery.
i.
a proposed discovery cut−off date. THIS MEANS THE LAST
DAY BY WHICH ALL DEPOSITIONS MUST BE
COMPLETED AND RESPONSES TO ALL PREVIOUSLY−
SERVED WRITTEN DISCOVERY MUST BE PROVIDED
AND ALL HEARINGS ON DISCOVERY MOTIONS
CONCLUDED.
j.
a description of the issues or claims that any party believes
may be determined by motion for summary judgment or
motion in limine.
k.
a schedule of contemplated law and motion matters and a
proposed cut−off date for motions. THIS MEANS THE
LAST DATE ON WHICH MOTIONS MAY BE HEARD,
NOT NOTICED.
l.
a statement of what settlement discussions and/or written
communications have occurred (specifically excluding any
statement of the terms discussed).
m.
a realistic (not padded) estimate of the time required for trial
and whether trial will be by jury or by court. Each side should
specify (by number, not by name) how many witnesses it
contemplates calling.
n.
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proposed dates (complete attached schedule on Exhibit A).
a statement of any other issues affecting the status or
management of the case (e.g., unusually complicated
technical or technological issues, disputes over protective
orders, discovery in foreign jurisdictions, etc.).
for conflict purposes, corporate parties must identify all
subsidiaries, parents and affiliates.
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p.
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The Joint Report should set forth the requested information under section
headings corresponding to the above−enumerated topics.
3.
Rule 26(f) Scheduling Conference. The Scheduling Conference
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will be held in Courtroom 740 of the Roybal Federal Courthouse at 255 East
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Temple Street. Counsel shall comply with the following:
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a.
Participation. The lead trial attorney must attend the
Scheduling Conference. Unless excused for good cause
shown in advance of the Conference, the Court reserves the
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b.
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c.
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4.
right to designate the attorney attending the Conference as
lead trial counsel. Counsel should be prepared to discuss not
only the Joint Report but also what the case is really about at
its core and whether there are ways to litigate it that will
enhance the prospects for settlement (e.g. limited trial on
bifurcated issues). If the time estimate for trial given in the
Joint Report exceeds ten court days, counsel shall be
prepared to explain the trial estimate. In a realistic manner,
they should disclose approximately how many witnesses
and exhibits truly are necessary and whether there are
unusual factors, such as non−English speaking witnesses,
that are likely to extend the length of trial.
Continuance. A continuance of the Scheduling Conference
will be granted only for good cause.
Use of Conference Telephone. If one or more of the lead
counsel has his or her office outside of the District, the Court
is normally willing, at counsel’s request, to conduct the status
conference by conference telephone call. Please contact the
court clerk at 213/894−3480 to get approval no later than the
Wednesday before the Scheduling Conference. Opposing
counsel who are outside of the District may also participate
by telephone The attorney requesting the telephonic status
conference shall call 213/894−0779 at the time and date
specified above for specific instructions. After the other
participants are assembled, that attorney will be notified
that he or she must promptly originate the conference call.
Protective Orders. If you seek a protective order, propose it to opposing
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counsel before the Scheduling Conference if at all possible. In a separate standing
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rder, the Court has adopted precise requirements for protective orders and the
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treatment of confidential information. Please comply with that order, which is
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available on the Court’s website (www.cacd.uscourts.gov), or upon request from
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the Courtroom Deputy Clerk.
5.
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Settlement Procedures. The Court will normally be guided by the
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parties' agreement as to what settlement procedure is appropriate and when the
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optimum time for that procedure is. If the parties cannot agree, they should so
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inform the Court in the Joint Report.
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Not to the exclusion of other procedures, the following are available:
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a.
A settlement conference with this Court or the Magistrate
Judge assigned to the case.
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b.
A settlement conference or other settlement procedure before
an attorney appointed by the Court or retained by the parties
or selected from the Attorney Settlement Panel.
c.
Arbitration, mediation, mini−trial procedures or other
alternative dispute resolutions, possibly in conjunction with a.
or b. above.
d.
A settlement conference before another District Judge or
Magistrate Judge selected at random from the Court’s Civil
Settlement Panel.
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6.
Pretrial of All Civil Actions. Pursuant to Rule 16, Fed. R. Civ. P.
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and Local Rule 16, all civil actions or proceedings shall be pretried. The
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schedule for filing the required documents is set forth as part of Exhibit A
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attached hereto.
7.
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Compliance With Local Rules and this Court's Standing Orders.
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At all stages of the proceeding, the parties are expected to comply with the Local
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Rules of this District and this Court’s Standing Orders. Before the Scheduling
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Conference, counsel shall review the Central District’s Civility and Professionalism
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Guidelines, which shall be the standard of conduct to which they will be expected
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to adhere.
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Notice. Plaintiff’s counsel, or if plaintiff is appearing pro se,
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defendant’s counsel, shall provide this Order to any parties who first appear after
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the date of this Order or who are known but have not yet entered appearances.
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Disclosure to Clients. Counsel are ordered to deliver to their
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respective clients a copy of this Order and of the schedule that the Court
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imposes at the Scheduling Conference.
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The Court thanks the parties and their counsel for their anticipated
cooperation in carrying out these requirements.
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IT IS SO ORDERED.
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DATED: December 19, 2012
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Gary A. Feess
United States District Judge
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Copies to:
All Counsel of Record
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JUDGE GARY ALLEN FEESS
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SCHEDULE OF TRIAL AND PRETRIAL DATES¹
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Matter
Time
Trial (jury) (court)
Estimated length: __ days
8:30 am
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Weeks Plaintiff(s) Defendant(s) Court
before (Request) (Request) Order
trial
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[Jury trial] Hearing on Motions 9:30 am −1
in Limine; Hearing on Disputed
Jury Instructions
[Court trial] File Findings of
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Fact and Conclusions of Law;
Hearing on Motions in Limine
Pretrial Conference; Motions in 3:30 pm −4
Limine to be filed; Proposed
Voir Dire Qs Lodged and
Agreed−to Statement of Case
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Lodge Pretrial Conf. Order; File
Memo of Contentions of Fact
and Law; Exhibit & Witness
Lists; File Status Report re
Settlement; File Agreed Upon
Set of Jury Instructions and
Verdict Forms; File Joint
Statement re Disputed
Instructions, Verdicts, etc.
Last date to conduct Settlement
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Conference
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Last day for hearing motions
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9:30 am −9
Discovery cut−off [Note: Expert
disclosure no later than 70 days
prior to this date.]
Last to Amend Pleadings or Add
Parties
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¹ Review the Court's Order re "Rule 26(f) Scheduling Conference" to be sure of the meaning of these
terms.
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