In Re Specific Media Flash Cookie Litig.

Filing 7

ORDER by Judge James V. Selna Setting Rule 26(f) Scheduling Conference. Scheduling Conference set for 12/13/2010 11:00 AM before Judge James V. Selna. (db)

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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GENEVIVE LA COURT, ET AL,

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Plaintiff(s),
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v.
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SPECIFIC MEDIA, INC., ET AL,
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Defendant(s).
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_______________________________)

CASE NO. SACV 10-1256JVS(VBKx)
ORDER SETTING RULE 26(f)
SCHEDULING CONFERENCE

Date: DECEMBER 13, 2010
Time: 11:00 A.M.

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This case has been assigned to Judge James V. Selna. If plaintiff has

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not already served the complaint (or any amendment thereto) on all defendants,

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plaintiff shall promptly do so and shall file proofs of service within three days

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thereafter. Defendants also shall timely serve and file their responsive pleadings

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and file proofs of service within three days thereafter.

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This matter is set for a scheduling conference on the above date. The

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conference will be held pursuant to Fed.R.Civ.P., Rule 16(b). The parties are

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reminded of their obligations under Fed.R.Civ.P., Rule 26(a)(1) to disclose

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information (without awaiting a discovery request) and under Rule 26(f) to confer

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on a discovery plan not later than twenty-one (21) days prior to the scheduling

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conference and to file a Joint Rule 26(f) Report not later than fourteen (14) days

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after they confer. Failure to comply with the following requirements or to

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cooperate in the preparation of the Joint Rule 26(f) Report may lead to the

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imposition of sanctions.

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Unless there is a likelihood that upon motion by a party the

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Court would order that any or all discovery is premature, it is advisable for

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counsel to begin to conduct discovery actively before the Scheduling

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Conference. At the very least, the parties shall comply fully with the letter

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and spirit of Rule 26(a) and thereby obtain and produce most of what would

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be produced in the early stage of discovery.

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1.

Joint Rule 26(f) Report.

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The Joint Rule 26(f) Report, which shall be filed not later than one

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week before the scheduling conference, shall be drafted by plaintiff (unless the

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parties agree otherwise), but shall be submitted and signed jointly. “Jointly”

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contemplates a single report, regardless of how many separately-represented

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parties there are. The Joint Rule 26(f) Report shall report on all matters

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enumerated below, which include those required to be discussed by Rule 26(f) and

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Local Rule 26:

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a.

Synopsis: a short synopsis (not to exceed two pages) of the main
claims, counterclaims, and/or affirmative defenses.

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b.

Legal issues: a brief description of the key legal issues.

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c.

Damages: the realistic range of provable damages.

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d.

coverage, and whether there is a reservation of rights.

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Insurance: whether there is insurance coverage, the extent of

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Motions: a statement of the likelihood of motions seeking to (I) add

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other parties or claims or (ii) file amended pleadings or (iii) transfer

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venue.

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f.

Discovery and experts: pursuant to Rule 26(f), state what, if any,

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changes in the disclosures under R. 26(a) should be made; the

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subjects on which discovery may be needed and whether discovery

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should be conducted in phases or otherwise be limited; what

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discovery has been conducted thus far; whether applicable limitations

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should be changed or other limitations imposed; and whether the

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Court should enter other orders. Please state how many depositions

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each side will conduct. Also discuss the proposed time of expert

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witness disclosures under F.R.Civ.P. 26(a)(2).

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g.

Dispositive motions: a description of the issues or claims that any

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party believes may be determined by motion for summary judgment

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or motion in limine.

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h.

Settlement and settlement mechanism: a statement of what

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settlement discussions and/or written communications have occurred

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(specifically excluding any statement of the terms discussed) and a

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statement pursuant to the Local Rule 16-14.4 selecting a settlement

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mechanism under that rule.

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i.

Trial estimate: a realistic estimate of the time required for trial and

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whether trial will be by jury or by court. Each side should specify

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(by number, not by name) how many witnesses it contemplates

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calling. If the time estimate for trial given in the Rule 26(f) Joint

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Report exceeds eight court days, counsel shall be prepared to discuss

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in detail the estimate.
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j.

Timetable: complete of the Presumptive Schedule of Pretrial Dates

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form attached as Exhibit A to this Order and attach it to the Rule

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26(f) report. Submission of a completed Exhibit A is mandatory. The

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current entries in the “Weeks Before Trial” column merely reflect

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what the Court believes are appropriate for many, if not most, cases;

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those entries are not necessarily applicable to this case, and the form

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is designed to enable counsel to request the Court to set different last

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dates by which the key requirements must be completed. Each side

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should write in the month, day and year it requests for each event.

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E.g., for the expert discovery cut-off it might be “10/7/02" for

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plaintiff and “10/28/02" for defendant, if they cannot agree. At the

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conference, the Court will review this form with counsel. Each entry

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proposing dates shall fall on a Monday, except the trial date which is

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a Tuesday. In appropriate cases the Court will order different dates

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after it hears from Counsel. The proposed non-expert and expert

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discovery cut-off date means: the last day by which all depositions

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must be completed and responses to all previously-served written

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discovery must be provided. The proposed cut-off date for motions

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means: the last date on which motions may be heard, not noticed.

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k.

Other issues: a statement of any other issues affecting the status or

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management of the case (e.g., unusually complicated technical or

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technological issues, disputes over protective orders, extraordinarily

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voluminous document production, non-English speaking witnesses,

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discovery in foreign jurisdictions, etc.).

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l.

subsidiaries, parents and affiliates.

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Conflicts: for conflict purposes, corporate parties must identify all

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Patent cases: propose dates and methodology for claim construction
and Markman hearings. The Court requires the parties to file
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concurrent opening briefs and concurrent reply briefs for the hearing.

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The Court intends to follow the rule for patent cases which have been

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adopted by the Northern District of California.

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n.

Magistrates: Do the parties wish to have a Magistrate Judge preside?

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Under 28 U.S.C. § 636, the parties may consent to have a Magistrate

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Judge preside over all the proceedings, not just discovery. They may

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pick any Magistrate Judge (not just the one assigned to this case)

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from among those Magistrate Judges who accept these designations.

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(They are identified on the Central District’s website, which also
contains the consent form.)

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The Joint Rule 26(f) Report should set forth the above enumerated information

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under section headings corresponding to this Order.

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2.

Scheduling Conference.

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Scheduling Conferences will be held in the Ronald Reagan Building,

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411 West Fourth Street, Court Room 10C, Santa Ana. Counsel shall comply with

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the following:

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a.

Participation. The lead trial attorney must attend the Scheduling

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Conference, unless excused for good cause shown in advance of the

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Scheduling Conference.

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b.

granted only for good cause.

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Continuance. A continuance of the Scheduling Conference will be

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Protective Orders.

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If you seek a protective order, propose it to opposing counsel before

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the Scheduling Conference, if at all possible. Protective Orders are considered by

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the Magistrate Judge assigned in this action.

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4.

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Notice to be Provided by Counsel.

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Plaintiff’s counsel or, if plaintiff is appearing pro se, defendant’s

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counsel, shall provide this Order to any parties who first appear after the date of

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this Order and to parties who are known to exist but have not yet entered

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appearances.

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5.

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Disclosures to Clients.

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Counsel are ordered to deliver to their respective clients a copy of

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this Order and of the Court’s Scheduling and Case Management Order, which

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contains the schedule that the Court sets at the Scheduling Conference.

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6.

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Court’s Website.

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Copies of this and all other orders of this Court that may become

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applicable to this case are available on the Central District of California website,

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at “www.cacd.uscourts.gov,” under “Judge’s Procedures and Schedules.” Copies

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of the Local Rules are available on the website.1

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Los Angeles Daily Journal
915 East First Street
Los Angeles, CA 90012

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They may also be purchased from one of the following:
West Publishing Company
50 West Kellogg Blvd.
St. Paul, MN 55164-9979

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Metropolitan News
210 South Spring Street
Los Angeles, CA 90012

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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: _November 4, 2010__

____________________________
James V. Selna
United States District Judge

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Copies to:
All Counsel of Record

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H:\CMAssistant\Sched Conf Order - LA COURT V SPECIFIC.wpd

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JUDGE JAMES V. SELNA
PRESUMPTIVE SCHEDULE OF PRETRIAL DATES

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Matter

Time

Weeks
before
trial

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Trial date (jury) (court)
Estimated length: _____________ days

Plaintiff's
Request
(Fill in
specific
date)

Defendant's
Request (Fill
in specific
date)

8:30 a.m.
(Tuesdays)

[Court trial:] File Findings of Fact and
Conclusions of Law and Summaries of
Direct Testimony

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Final Pretrial Conference; Hearing on
Motions in Limine; File Agreed Upon Set of
Jury Instructions and Verdict Forms and
Joint Statement re Disputed Instructions
and Verdict Forms; File Proposed Voir Dire
Qs and Agreed-to Statement of Case

11:00 a.m.
(Mondays)

Lodge Pretrial Conf. Order
File Memo of Contentions of Fact and Law;
Exhibit List; Witness List; Status Report re
Settlement

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Last day for hand-serving Motions in
Limine

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Last day for hearing motions

1:30 p.m.
(Mondays)

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Last day for hand-serving motions and filing
(other than Motions in Limine)

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Non-expert Discovery cut-off

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ADDITIONAL MATTERS TO BE DETERMINED AT SCHEDULING CONFERENCE
L.R. 16-14 Settlement Choice:

(1) CT/USMJ

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Rebuttal Expert Witness Disclosure

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Opening Expert Witness Disclosure [See
F.R.Civ.P. 26(a)(2)]

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Last day to conduct Settlement Conference

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(3) Outside ADR

Expert discovery cut-off

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(2) Atty

Last day to amend pleadings or add parties

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EXHIBIT A
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(4) Settlement Panel

Court
Order