Kleiner v. Earthlink, Inc.

Filing 13

ORDER signed by William H. Orrick, III on 10/12/2016 Setting Initial Case Management Conference. Law and Motion hearings will generally be held for the Eastern District cases on Wednesdays at 1:30 p.m. via teleconference. A Case Management Conference will be held in this case on 11/8/2016 at 3:00 p.m. via teleconference. (Zignago, K.)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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LINDA KLEINER,

Case No. 2:16-cv-1609 (WHO)

Plaintiff,
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v.
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EARTHLINK, INC.,
Defendant.

ORDER FOR CASE REASSIGNED TO
VISITING JUDGE ORRICK AND
SETTING INITIAL CASE
MANAGMENT CONFERENCE

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This case has been reassigned to the Hon. William H. Orrick of the Northern District of

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United States District Court
Northern District of California

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California, who is serving as a visiting judge in the Eastern District of California.

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Governing Rules and Procedures

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The Eastern District of California Local Rules will govern this case, including EDCA

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Local Rule 271 (Voluntary Dispute Resolution Program), with the following exceptions:

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Judge Orrick’s Standing Order

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Counsel should review and follow Judge Orrick’s Standing Order for Civil Cases,

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available at https://cand.uscourts.gov/whoorders “Judge Orrick’s Standing Order Civil.”

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Noticed Motions and Hearings

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Law and Motion hearings will generally be held for the Eastern District cases on

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Wednesdays at 1:30 p.m. To reserve a hearing date, contact Judge Orrick’s Courtroom Deputy

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Jean Davis at 415-522-7171 or [e-mail]. Parties will be expected to appear

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telephonically for any hearing, unless both sides agree to appear in person in San Francisco and

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inform Courtroom Deputy Jean Davis of their intent to appear. Prior to the hearing, Judge Orrick

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may determine that a matter is appropriate for resolution on the papers and may vacate the hearing

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date.

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Motions shall be noticed for hearing at least 35 days before the proposed hearing date.

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Any opposition to the motion shall be filed no later than 14 days after the motion was filed. Any

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reply shall be filed no later than 7 days after the opposition and in no event less than 14 days prior

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to the noticed hearing date.

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Discovery

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If a discovery dispute arises, counsel shall follow Judge Orrick’s Joint Discovery Letter

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procedure, described in detail in his Standing Order. https://cand.uscourts.gov/whoorders “Judge

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Orrick’s Standing Order Civil.” EDCA Local Rules 251 and 302(c) do not apply to this case.

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EDCA Local Rule 302(c)

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EDCA Local Rule 302(c)’s designation of motions to be resolved by a Magistrate Judge

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does not apply in this case. Matters may be referred to a Magistrate Judge by Judge Orrick on a

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case-by-case basis.
Proposed Orders and Requests to Seal

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United States District Court
Northern District of California

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All proposed orders and requests to seal required under the EDCA Local Rules shall be

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emailed to [e-mail]. For requests to seal, the request to seal, the proposed

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order, and all documents covered by the request shall be emailed in electronic form to

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[e-mail]. Do not file requests to seal or documents covered by requests to

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seal in paper at the EDCA or NDCA courthouses.

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Initial Case Management Conference

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A Case Management Conference will be held in this case on November 8, 2016 at 3:00

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p.m. Parties will be expected to appear telephonically, unless both sides agree to appear in person

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in Judge Orrick’s courtroom in San Francisco and notify Courtroom Deputy Jean Davis of their

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intent to appear. The parties’ Case Management Conference Statement shall follow the form of

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and address the issues specified in the Standing Order for All Judges of the Northern District of

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California (for Case Management). A copy of that Standing Order can be found at

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https://cand.uscourts.gov/whoorders “Standing Order for All Judges of the Northern District of

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California.”

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IT IS SO ORDERED.
Dated: October 12, 2016
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WILLIAM H. ORRICK
United States District Judge
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