Bank of New York Mellon v. City of Richmond, California et al

Filing 21

CASE MANAGEMENT SCHEDULING ORDER: Case Management Statement due by 11/1/2013. Case Management Conference set for 11/8/2013 08:30 AM in Courtroom 6, 17th Floor, San Francisco. (beS, COURT STAFF) (Filed on 8/28/2013)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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United States District Court
For the Northern District of California

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No. _______________________
C-13-3664 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 6, 17th floor, 450 Golden Gate
November 8, 2013

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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 seven (7) days in advance of the conference.

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

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(14) days 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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United States District Court
For the Northern District of California

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Dated: April 8, 2013
CHARLES R. BREYER
UNITED STATES DISTRICT JUDGE

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April 29, 2013

STANDING ORDER FOR ALL JUDGES

OF THE NORTHERN DISTRICT OF CALIFORNIA

CONTENTS OF JOINT CASE MANAGEMENT STATEMENT
Commencing July 1, 2011, all judges of the Northern District of California will require
identical information in Joint Case Management Statements filed pursuant to Civil Local
Rule 16-9. The parties must include the following information in their statement which,
except in unusually complex cases, should not exceed ten pages:

1.

Jurisdiction and Service: The basis for the court’s subject matter jurisdiction over
plaintiff’s claims and defendant’s counterclaims, whether any issues exist regarding
personal jurisdiction or venue, whether any parties remain to be served, and, if any
parties remain to be served, a proposed deadline for service.

2.

Facts: A brief chronology of the facts and a statement of the principal factual issues
in dispute.

3.

Legal Issues: A brief statement, without extended legal argument, of the disputed
points of law, including reference to specific statutes and decisions.

4.

Motions: All prior and pending motions, their current status, and any anticipated
motions.

5.

Amendment of Pleadings: The extent to which parties, claims, or defenses are
expected to be added or dismissed and a proposed deadline for amending the
pleadings.

6.

Evidence Preservation: A brief report certifying that the parties have reviewed the Guidelines
Relating to the Discovery of Electronically Stored Information (“ESI Guidelines”), and confirming
that the parties have met and conferred pursuant to Fed. R. Civ. P. 26(f) regarding reasonable and
proportionate steps taken to preserve evidence relevant to the issues reasonably evident
in this action. See ESI Guidelines 2.01 and 2.02, and Checklist for ESI Meet and Confer.

7.

Disclosures: Whether there has been full and timely compliance with the initial
disclosure requirements of Fed. R. Civ. P. 26, and a description of the disclosures
made.

8.

Discovery: Discovery taken to date, if any, the scope of anticipated discovery, any
proposed limitations or modifications of the discovery rules, a brief report on whether
the parties have considered entering into a stipulated e-discovery order, a proposed
discovery plan pursuant to Fed. R. Civ. P. 26(f), and any identified discovery disputes.

9.

Class Actions: If a class action, a proposal for how and when the class will be
certified.

10.

Related Cases: Any related cases or proceedings pending before another judge of this
court, or before another court or administrative body.

Effective date: July 1, 2011 (Last Revised November 27, 2012) 

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Relief: All relief sought through complaint or counterclaim, including the amount of any
damages sought and a description of the bases on which damages are calculated. In
addition, any party from whom damages are sought must describe the bases on which it
contends damages should be calculated if liability is established.

12.

Settlement and ADR: Prospects for settlement, ADR efforts to date, and a specific ADR
plan for the case, including compliance with ADR L.R. 3-5 and a description of key
discovery or motions necessary to position the parties to negotiate a resolution.

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Consent to Magistrate Judge For All Purposes: Whether all parties will consent to have
a magistrate judge conduct all further proceedings including trial and entry of
judgment. ___ Yes ___ No

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Other References: Whether the case is suitable for reference to binding arbitration, a
special master, or the Judicial Panel on Multidistrict Litigation.

15.

Narrowing of Issues: Issues that can be narrowed by agreement or by motion,
suggestions to expedite the presentation of evidence at trial (e.g., through
summaries or stipulated facts), and any request to bifurcate issues, claims, or
defenses.

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Expedited Trial Procedure: Whether this is the type of case that can be handled under
the Expedited Trial Procedure of General Order No. 64 Attachment A. If all parties
agree, they shall instead of this Statement, file an executed Agreement for Expedited
Trial and a Joint Expedited Case Management Statement, in accordance with General
Order No. 64 Attachments B and D.

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Scheduling: Proposed dates for designation of experts, discovery cutoff, hearing of
dispositive motions, pretrial conference and trial.

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Trial: Whether the case will be tried to a jury or to the court and the expected
length of the trial.

19.

Disclosure of Non-party Interested Entities or Persons: Whether each party has filed
the “Certification of Interested Entities or Persons” required by Civil Local Rule 3-16.
In addition, each party must restate in the case management statement the contents of
its certification by identifying any persons, firms, partnerships, corporations
(including parent corporations) or other entities known by the party to have either: (i)
a financial interest in the subject matter in controversy or in a party to the proceeding;
or (ii) any other kind of interest that could be substantially affected by the outcome of
the proceeding.

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Such other matters as may facilitate the just, speedy and inexpensive disposition of this
matter.

Effective date: July 1, 2011 (Last Revised November 27, 2012)