Allen et al v. OE Services, LLC

Filing 38

CASE MANAGEMENT SCHEDULING ORDER, Case referred to Private ADR. Further Case Management Conference set for 12/18/2014 10:00 AM; Pretrial Conference set for 2/12/2015 10:00 AM; Jury Selection set for 3/9/2015 09:00 AM; Jury Trial set for 3/9/2015 09:00 AM in Courtroom 3, 17th Floor, San Francisco before Hon. Richard Seeborg. Signed by Judge Richard Seeborg on 11/14/13. (cl, COURT STAFF) (Filed on 11/14/2013)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

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For the Northern District of California

United States District Court

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STEPHANIE ALLEN, an Individual, and
11 ROSETTA STONE, LTD., a Virginia
Corporation,
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No. C 13-02460 RS
CASE MANAGEMENT
SCHEDULING ORDER

Plaintiffs,
v.

OE SERVICES, LLC d/b/a OPEN ENGLISH
15 LLC, a Florida Limited Liability Company,
and DOES 1-50, inclusive,
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Defendants.
____________________________________/
Pursuant to Rule 16(b) of the Federal Rules of Civil Procedure, the parties attended a

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Case Management Conference on November 14, 2013. After considering the Joint Case

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Management Statement submitted by the parties and consulting with the attorneys of record for

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the parties and good cause appearing, IT IS HEREBY ORDERED THAT:

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1.

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MEDIATION. The parties will seek to engage in private mediation in the next 120 days.

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2.

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On or before December 12, 2014, all non-expert discovery shall be completed by the

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ALTERNATIVE DISPUTE RESOLUTION.

DISCOVERY.

parties. Discovery shall be limited as follows: (a) ten (10) non-expert depositions per party; (b)

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CASE MANAGEMENT SCHEDULING ORDER

twenty-five (25) interrogatories per party, including all discrete subparts; (c) a reasonable

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number of requests for production of documents or for inspection per party; and (d) a reasonable

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number of requests for admission per party.

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3.

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Discovery disputes will be referred to a Magistrate Judge. After the parties have met and

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conferred, the parties shall prepare a joint letter of not more than 8 pages explaining the dispute.

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Up to 12 pages of attachments may be added. The joint letter must be electronically filed under

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the Civil Events category of "Motions and Related Filings >Motions--General > Discovery

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DISCOVERY DISPUTES.

Letter Brief." The Magistrate Judge to whom the matter is assigned will advise the parties of

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how that Judge intends to proceed. The Magistrate Judge may issue a ruling, order more formal

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For the Northern District of California

United States District Court

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briefing, or set a telephone conference or a hearing. After a Magistrate Judge has been assigned,

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all further discovery matters shall be filed pursuant to that Judge’s procedures.

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4.

EXPERT WITNESSES. The disclosure and discovery of expert witnesses shall

proceed as follows:
A. On or before November 11, 2014, parties will designate experts in accordance with
Federal Rule of Civil Procedure 26(a)(2).
B. On or before November 25, 2014, parties will designate their supplemental and
rebuttal experts in accordance with Federal Rule of Civil Procedure 26(a)(2).
C. On or before December 12, 2014, all discovery of expert witnesses pursuant to
Federal Rule of Civil Procedure 26(b)(4) shall be completed.
5.

FURTHER CASE MANAGEMENT CONFERENCE. A Further Case

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Management Conference shall be held on December 18, 2014 at 10:00 a.m. in Courtroom 3,

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17th Floor, United States Courthouse, 450 Golden Gate Avenue, San Francisco, California. The

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parties shall file a Joint Case Management Statement at least one week prior to the Conference.

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CASE MANAGEMENT SCHEDULING ORDER

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6.

PRETRIAL MOTIONS. All dispositive pretrial motions must be filed and served

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pursuant to Civil Local Rule 7. Each party is limited to one motion for summary judgment

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absent leave of Court. All pretrial motions shall be heard no later than January 8, 2015.

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PRETRIAL CONFERENCE. The final pretrial conference will be held on

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February 12, 2015 at 10:00 a.m., in Courtroom 3, 17th Floor, United States Courthouse, 450

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Golden Gate Avenue, San Francisco, California. Each party or lead counsel who will try the

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case shall attend personally.

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For the Northern District of California

United States District Court

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8.

TRIAL DATE. A jury trial shall commence on March 9, 2015 at 9:00 a.m., in

Courtroom 3, 17th Floor, United States Courthouse, 450 Golden Gate Avenue, San Francisco,
California.
IT IS SO ORDERED.

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DATED:

November 14, 2013
_______________________________
RICHARD SEEBORG
United States District Judge

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CASE MANAGEMENT SCHEDULING ORDER

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