Rupa Marya v. Warner Chappell Music Inc

Filing 14

ORDER RE: CASE MANAGEMENT (See document for further details) by Judge George H. King. (ir)

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1 2 3 4 5 Filed: 07-03-13 6 7 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA 10 11 12 13 14 15 16 17 RUPA MARYA On Behalf Of Herself And ) No. CV 13-04460-GHK(MRWx) All Others Similarly Situated, ) ) Plaintiff[s], ) ) ORDER RE: CASE MANAGEMENT vs. ) ) (REVISED AS OF MAY 2012) WARNER/CHAPPELL MUSIC, INC., ) ) READ IMMEDIATELY ) Defendant[s]. ) ) ____________________________________) 18 This case has been assigned to the calendar of Chief Judge George H. King. The 19 court fully adheres to Rule 1 of the Federal Rules of Civil Procedure, which requires that 20 the Rules be “construed and administered to secure the just, speedy and inexpensive 21 determination of every action and proceeding.” 22 23 Counsel shall also be guided by the following special requirements, some of which are more specific than those set out in the Local Rules: 24 1. SERVICE: Plaintiff shall promptly serve the Complaint in accordance 25 with Federal Rule of Civil Procedure 4, and file proofs of service pursuant to Local Rule 26 5-3.1. 27 28 1 2. ATTENDANCE AT PROCEEDINGS: The attorney attending any 2 proceeding before this court must be the attorney who is primarily responsible for the 3 conduct of the case. 4 3. MANDATORY CHAMBERS COPIES: A copy of all papers filed with 5 the court SHALL be delivered to chambers at Room 660, Roybal Federal Building, 6 no later than 12:00 noon the following business day. ALL Chambers copies 7 SHALL comply fully with the document formatting requirements of Local Rule 11- 8 3, including the “backing” requirements of Local Rule 11-3.5. The filing party and 9 its counsel MAY BE SUBJECT TO SANCTIONS for failure to deliver a 10 11 Mandatory Chambers copy in full compliance with this Order and Local Rule 11-3. 4. 12 FILING OF MOTIONS: a. Motions shall be filed and set for hearing in accordance with 13 Local Rules 6-1 through 7-20. Motions shall be set on Mondays at 9:30 14 a.m., unless otherwise ordered by the Court. If a Monday is a court holiday, 15 no motions shall be set on the succeeding Tuesday. Any motions noticed 16 for a holiday shall automatically be continued to the next motion calendar 17 date. 18 b. Counsel should take note that Local Rule 11-6 limits all 19 memoranda of points and authorities to “25 pages in length, excluding 20 indices and exhibits, unless permitted by order of the judge.” The Court is 21 of the view that the 25-page limitation is more than adequate for counsel to 22 set forth his/her points and authorities, especially if counsel carefully 23 reviews and edits the memorandum to ensure a concise and focused 24 presentation. Accordingly, routine requests to exceed the page limitation 25 will be denied. Leave to exceed the page limitation will be granted only in 26 extraordinary circumstances where counsel makes an adequate showing of 27 specific facts in support of an application to exceed the page limitation. 28 2 1 c. Generally, the court will rule on motions on the papers 2 submitted, and without oral argument. Accordingly, counsel are advised to 3 place all authorities and arguments in their moving or opposing papers. 4 Counsel are reminded that a reply shall be limited to argument and/or 5 authorities responsive to the opposition papers. Any improper introduction 6 of new matter in the reply will be ignored by the court. 7 5. 8 9 MOTIONS TO DISMISS: a. Unless clearly justified under the circumstances of the case, “motions to dismiss or in the alternative for summary adjudication” are 10 discouraged. These composite motions tend to blur the legitimate 11 distinctions between the two motions, which have different purposes. 12 Frequently, the composite motions introduce evidence that is extrinsic to 13 the pleadings. On the one hand, such evidence is improper for 14 consideration on a Fed. R. Civ. P. 12(b)(6) motion, while on the other hand, 15 treatment of the motion as a Rule 56 motion frequently results in reasonable 16 invocation of Rule 56(d) by the non-moving party. 17 b. Moreover, Rule 12(b)(6) motions are discouraged unless 18 counsel has a good faith belief that such motions will likely result in 19 dismissal, without leave to amend, of all or at least some of the claims 20 under applicable law. 21 6. DISPOSITIVE MOTIONS: No party shall file a motion pursuant to Fed. 22 R. Civ. P. 56 until a dispositive motion deadline has been set. Moreover, no party may 23 file more than one motion pursuant to Fed. R. Civ. P. 56, regardless of whether such 24 motion is denominated as a motion for summary judgment or summary adjudication, 25 without leave of Court. 26 7. LOCAL RULE 7-3: Local Rule 7-3 requires counsel to engage in a pre- 27 filing conference “to discuss thoroughly, preferably in person, the substance of the 28 contemplated motion and any potential resolution.” The Court takes this rule seriously, 3 1 and counsel shall discharge their obligations under Loca1 Rule 7-3 in good faith. The 2 purposes of a 7-3 conference are twofold: first, it facilitates possible informal resolution 3 of an issue without court intervention; second, it enables the parties to brief the 4 remaining disputes in a thoughtful, concise, and useful manner. Even if a motion is still 5 necessary after a good faith pre-filing conference, counsel should have sufficiently 6 discussed the issues so that the briefing will be directed to those substantive issues which 7 require resolution by the court. Minor procedural or other non-substantive matters 8 should be resolved by counsel during the course of the conference. 9 a. All 7-3 conferences shall take place via a communication 10 method that, at a minimum, allows all parties to be in realtime 11 communication (letters and e-mail, for example, do not constitute a proper 12 7-3 conference). 13 b. Notwithstanding Local Rule 16-12©, the parties in cases in 14 which the plaintiff is appearing pro se are required to meet and confer in 15 compliance with Local Rule 7-3 unless the pro se plaintiff is incarcerated. 16 c. Notwithstanding the exception for preliminary injunction 17 motions in Local Rule 7-3, counsel contemplating a preliminary injunction 18 motion are required to meet and confer, in substantive compliance with 19 Local Rule 7-3, at least five days prior to the filing of such a motion. 20 8. DISCOVERY: ALL DISCOVERY MATTERS ARE REFERRED TO 21 THE ASSIGNED UNITED STATES MAGISTRATE JUDGE (see initials in 22 parentheses following the case number). Discovery disputes of a significant nature 23 should be brought promptly before the Magistrate Judge. The court does not look 24 favorably upon delay resulting from unresolved discovery disputes. Counsel are 25 directed to contact the clerk for the assigned Magistrate Judge to schedule matters for 26 hearing. The words “DISCOVERY MATTER” shall appear in the caption of all 27 documents relating to discovery to ensure proper routing. 28 4 1 The decision of the Magistrate Judge shall be final and binding, subject to 2 modification by the District Judge only where it has been shown that the Magistrate 3 Judge’s order is clearly erroneous, contrary to law, or an abuse of discretion. 4 9. EX PARTE APPLICATIONS: Ex parte applications are considered on the 5 papers and are not normally set for hearing. Counsel are advised to file and serve their 6 ex parte applications as soon as they realize that extraordinary relief is necessary. This 7 court entertains ex parte applications only in extraordinary circumstances; sanctions may 8 be imposed for misuse of the ex parte process. McVay v. Fedex Ground, et al., 2003 WL 9 22769080, at *2 (C.D. Cal. July 21, 2003); see also In re Intermagnetics Am., Inc., 101 10 B.R. 191 (C.D. Cal. 1989). The requesting party shall serve the motion by personal 11 delivery, fax, or other electronic means, at or before the time the application is filed, and 12 notify the responding party that opposing papers must be filed within 24 hours of such 13 service. Moreover, at the time of the application, the applicant shall comply with Local 14 Rule 7-19.1, which, inter alia, requires the applicant to advise the court in writing of the 15 efforts to contact opposing counsel and of that counsel’s intention to oppose the 16 application. The moving party’s memorandum and declaration in support of an ex parte 17 application shall affirmatively show compliance with Local Rules 7-19 through 7-19.2 18 and this Order, failing which the application will be denied. See Mission Power Eng’g 19 Co. v. Cont’l Cas. Co., 883 F. Supp. 488, 492 (C.D. Cal. 1995). 20 10. CLASS ACTIONS: Notwithstanding Local Rule 23-3, the deadline for the 21 filing of a motion for class certification will be set during the Scheduling Conference 22 and/or in a Scheduling Order. No request for relief from Local Rule 23-3 is necessary. 23 11. CONTINUANCES: Continuances are granted only upon a showing of 24 good cause. Counsel requesting a continuance MUST submit a DETAILED declaration 25 setting forth the reason therefor. Any continuances requested but not accompanied by 26 said declaration will be rejected. The court sets FIRM trial dates and will not change 27 them without a showing of good cause. “FIRM trial dates” are defined as dates on 28 which counsel must be ready to proceed; however, the court may trail the action on 48 5 1 hours call when necessary (e.g., in the event that a criminal case, an older civil case, or a 2 case otherwise entitled to precedence by law, proceeds to trial on said date, or the court 3 is otherwise occupied with other matters). 4 12. STIPULATIONS: NO stipulations extending scheduling dates set by this 5 court are effective unless approved by the court. All stipulations must be accompanied 6 by a declaration explaining the specific reasons for the stipulation. Any stipulation not 7 in compliance with this Order or the Local Rules of the Central District will be rejected. 8 Stipulations shall be submitted well in advance of the relief requested. 9 13. NOTICE OF REMOVAL: All documents filed in state court, including 10 answers and documents appended to a complaint, MUST be re-filed in this court as a 11 supplement or exhibit to the Notice of Removal. If an answer has not as yet been filed, 12 said answer or responsive pleading shall be filed in accordance with the Federal Rules of 13 Civil Procedure and the Local Rules. See, e.g., Fed. R. Civ. P. 81©. Any pending 14 motions must be re-noticed in accordance with the Local Rules and this Order. 15 14. BANKRUPTCY APPEALS: Counsel shall comply with the Order re: 16 Procedure to Be Followed in Appeal from Bankruptcy Court issued at the time the 17 appeal is filed in the District Court. The matter is considered submitted upon the filing 18 of the appellant’s reply brief. No oral argument is held unless otherwise ordered by this 19 court. 20 15. ACTIONS TRANSFERRED FROM ANOTHER DISTRICT: All 21 documents filed in the transferor court MUST be re-filed with this Court, within twenty 22 days of transfer, by the party that sought transfer. Such filing SHALL be submitted as a 23 “Notice of Filing,” with a compilation of all documents, individually tabbed, attached as 24 an appendix. The notice shall bear a title page containing the information required by 25 Local Rule 11-3.8 and shall otherwise conform with Local Rule 11-3.5 and all other 26 relevant Local Rules. The notice shall also contain a table of contents. 27 28 6 1 16. NOTICE: Counsel for plaintiff or plaintiff if appearing pro se in an action 2 commenced in this court, and counsel for defendant or defendant pro se in a removed 3 action, shall serve a copy of this Order on all other parties or their counsel at the earliest 4 possible time. Counsel, or any party required to give notice of this Order, shall file 5 proof of service of such notice within 48 hours of the service of such notice. 6 7 8 IT IS SO ORDERED. DATED: July 2, 2013 9 10 _________________________________________ 11 GEORGE H. KING CHIEF U.S. DISTRICT JUDGE 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 7

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