Xoom Corporation v. Motorola Trademark Holdings, LLC et al

Filing 10

CLERKS NOTICE Case Management Statement due by 5/27/2011. Initial Case Management Conference set for 6/3/2011 08:30 AM in Courtroom 8, 19th Floor, San Francisco. (Attachments: # 1 Standing Order) (be, COURT STAFF) (Filed on 4/26/2011)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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United States District Court
For the Northern District of California

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No. _______________________
C-11-0848 CRB

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ORDER SETTING CASE MANAGEMENT CONFERENCE

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The above matter having been assigned to Judge Charles R. Breyer,

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IT IS HEREBY ORDERED, pursuant to Rule 16, Federal Rules of Civil Procedure, and

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Civil Local rule 16, that a case management conference will be held before Judge Charles R. Breyer

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on Friday, _____________________at 8:30 a.m., in Courtroom 8, 19th floor, 450 Golden Gate
June 3, 2011

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Avenue, San Francisco, California.

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Lead trial counsel shall meet and confer not less than thirty (30) days in advance of the

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conference and shall file a joint case management statement in the form contained in the Civil Local
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rules as supplemented by this order not less than ten (10) days in advance of the conference.

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If the conference is inconveniently scheduled, it may be rescheduled by stipulation and order

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to another date or time convenient to the Court’s calendar.

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At the conclusion of the conference, an order will be entered setting dates either for a further

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case management conference, or for close of discovery, pre-trial conference, and trial. Other orders

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regulating and controlling future proceedings may be entered.

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Plaintiff(s) shall serve copies of this order at once on all parties to this action, and on any
parties subsequently joined, in accordance with Federal Rules of Civil Procedure 4 and 5. Following
service, plaintiff(s) shall file a certificate of service with the Clerk of this Court.

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SUPPLEMENTAL TO INITIAL CASE MANAGEMENT STATEMENT

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1.

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At the initial case management conference, the parties or at least one attorney of
record for each party must appear in person. See FRCP 26(f) ; Civil LR 16-10(a).

2.

The case management statement may not exceed ten pages. It should briefly describe

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the parties’ controversy. Any party seeking damages must set forth in the statement

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the amount sought and the basis for its calculation.

United States District Court
For the Northern District of California

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3.

If the case was removed from a state court, and the applicable state law has not

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required the parties to make an express demand for a jury trial at the time of removal,

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any party claiming right to a jury trial must make the request therefor within ten days

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after service of the notice of removal. FRCP 81 (c).

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4.

NOTICE TO PRO SE LITIGANTS IN NON-PRISONER ACTIONS:
If you are proceeding in this lawsuit without an attorney, then the following
directives apply to you in the prosecution of your case.

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The court hereby ORDERS you to comply with the service requirements of

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Rule 4 of the Federal Rules of Civil Procedure as set forth below. Failure to follow

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the procedures set forth in this order may result, under Rule 4 (m), in dismissal of

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your case.

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It is your responsibility to obtain a valid summons from the clerk and to

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effect service of the summons and complaint on all defendants in accordance with

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Rule 4 of the Federal Rules of Civil Procedure. If you have named the United States

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government, a federal agency, a federal official or a federal employee as a defendant,

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you must comply with the special requirements of Rule 4 (i).

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Service may be effected by any person who is not a party and who is at least

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18 years of age, which means that you, as a party, may not effect service. If service

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of the summons and complaint is not made upon a defendant within 120 days after
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the filing of the complaint, your action will, under Rule 4 (m), be dismissed as to that

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defendant.

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Within 125 days after the filing of the complaint, you must file proof

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of service indicating which defendants were served within the 120 days allowed

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under Rule 4 (m) and showing, in accordance with Rule 4 (l), how each of those

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defendants was served (for example, by attaching appropriate certificates of

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service). You must also show cause why a defendant not served within the 120

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days allowed under Rule 4 (m) should not be dismissed without prejudice. Failure

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to do these things within the designated time will result in the dismissal of your case

United States District Court
For the Northern District of California

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under Rule 4 (m) and Rule 41 (b).

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5.

NOTICE FOR AMERICANS WITH DISABILITIES ACT LITIGATION:

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If this action seeks accommodation or other relief, including attorney fees,

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pursuant to Title III of the Americans with Disabilities Act, 42 USC § 12191-

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89, the court ORDERS, pursuant to FRCP 16, the following:

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a.

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service on any unserved defendant;
b.

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Each plaintiff shall, pursuant to FRCP 4 (m), forthwith complete

Discovery, except for initial disclosures required by FRCP 26 (a), and
all other proceedings are until further order STAYED;

c.

If not previously done, each plaintiff shall forthwith serve upon each

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defendant a demand for accommodation and statement of attorney fees

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incurred to date (42 USC § 12205; Hensly v Eckerhart, 461 US 424,

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429-30, 433-37 (1983));

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d.

Each defendant shall, no later than the date for the conference of the

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parties specified above, serve a response to the demand for

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accommodation;

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e.

The joint case management statement shall contain, in addition to the

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information called for by FRCP 26 (f), the information set forth in

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paragraphs c and d.
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Sanctions. FAILURE TO COMPLY WITH THIS ORDER may be deemed

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sufficient grounds for dismissal of this cause, default or other appropriate sanctions. See Federal

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Rules of Civil Procedure 16(f), 41 (b); Civ LR 1-4.

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IT IS SO ORDERED.

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Dated: June 22, 2004
CHARLES R. BREYER
UNITED STATES DISTRICT JUDGE

United States District Court
For the Northern District of California

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STANDING ORDERS
1. Counsel shall consult and comply with all provisions of the Local Rules relating to
continuance, motions, briefs, and all other matters, unless superseded by these
Standing Orders.
2. Scheduling Days:
a. Criminal Law and Motion Calendar is conducted on Wednesdays at 2:15 p.m.
ORDER OF CALL IS DETERMINED BY THE COURT.
b. Civil Law and Motion Calendar is conducted on Fridays at 10:00 a.m. ORDER OF
CALL IS DETERMINED BY THE COURT.
c. Case Management Conferences are conducted on Fridays at 8:30 a.m. ORDER OF
CALL IS DETERMINED BY THE COURT.
d. Pretrial conferences are generally conducted at 2:30 p.m. on days determined by the
Court.
e. Counsel need not reserve a hearing date for motions, however, counsel are advised
to check the legal papers for unavailable dates. Noticed dates may be reset as the
Court's calendar requires.
3. Motions to compel discovery are referred to a Magistrate Judge for assignment and
shall be noticed for hearing before the assigned Magistrate Judge.
4. No changes in the Court’s schedule shall be made except by signed order of the
Court and only upon a showing of good cause. Parties seeking to continue
hearings, request special status conferences, modify briefing schedules, or make
other procedural changes shall submit a signed stipulation and proposed order, or, if
stipulation is not possible, an ex parte application in writing.
5. Briefs or Memoranda of Points and Authorities in support of, or in opposition to, any
motions filed in this action must be typed on 28-line, double-spaced pleading paper
and, except for summary judgment motions, may not exceed FIFTEEN (15) pages in
length, exclusive of title pages, indexes of cases, table of contents, exhibits, affidavits,
and summaries of argument, if required. Briefs exceeding ten (10) pages in length must
contain an additional summary of argument, including reference to any important cases
cited. Summary judgment memoranda may not exceed 25 pages. Counsel shall
submit a proposed form of order with all motion and opposition papers.
6. Counsel in civil matters shall comply with the Court’s Guidelines for trial and pre-trial
conference.

PLAINTIFF IS DIRECTED TO SERVE COPIES OF THIS ORDER AT ONCE UPON
ALL PARTIES TO THIS ACTION AND UPON THOSE SUBSEQUENTLY JOINED IN
ACCORDANCE WITH THE PROVISIONS OF RULES 4 AND 5, FEDERAL RULES OF
CIVIL PROCEDURE, AND TO FILE WITH THE CLERK OF THE COURT A
CERTIFICATE REFLECTING SUCH SERVICE.
IT IS SO ORDERED.

Dated: June 30, 2004

CHARLES R. BREYER,
UNITED STATES DISTRICT JUDGE