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

Filing 22

CERTIFICATE OF SERVICE by Bank of New York Mellon, Bank of New York Mellon Trust Company, N.A. re 21 Case Management Scheduling Order (Pollock, Bronwyn) (Filed on 8/29/2013)

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MAYER BROWN LLP
DONALD M. FALK (SBN 1502s6)

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[e-mail]
Two Palo Alto Square, Suite 300
3000 El Camino Real
Palo Alto, CA 94306-2112
Tel: [phone]
Fax: [phone]

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MAYER BROWN LLP
BRONWYN F. POLLOCK (SBN 2t09r2)
bp o ll o ck@may

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¡so s. GrãndÁve.,25'h Floor

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Los Angeles, CA 90071-1503
Tel: [phone]
Fax:[phone]

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Attorneys for Plaintifß
THE BANK OF NEW YORK MELLON (flk/a
The Bank of New York) and THE BANK OF
NEW YORK MELLON TRUST COMPANY,
N.A. (f/k/a The Bank of New York Trust
Company, N.A.), as Trustees for the trusts listed
on Exhibit A of the Second Amended Complaint

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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA

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THE BANK OF NEV/ YORK MELLON (flk/a
The Bank of New York), et al.

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No. l3-cv -3664-CRB

Hon. Charles R. Breyer

Plaintifß,

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Case

PROOF OF SERVICE OF ORDER
SETTING CASE MANAGEMENT
CONFERENCE

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CITY OF RICHMOND, CALIFORNIA, A
municipality; RICHMOND CITY COUNCIL;
MORTGAGE RES OLUTION PARTNERS
L.L.C., a Delaware limited liability company;
and GORDIAN SWORD LLC, a Delaware
limited liability company;

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Defendants

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PROOF OF SERVìCE OF ORDER SETTING CASE MANAGEMENT CONFERENCE
CASE NO. I 3-cv-3664-CRB

PROOF OF SERVICE

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I, Theresa Struwe, declare:

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I am employed in Los Angeles County, California. I am over the age of

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eighteen years

My business address is Mayer Brown LLP, 350

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and not aparty to the within-entitled action.

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South Grand Avenue, 25th Floor, Los Angeles, California 90071-1503.
On August 28,2013,the United States District Court for Northern District of California

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filed the following document in case no. 13-cv-3664-CRB using the CM/ECF system:

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ORDER SETTING CASE MANAGEMENT CONFERENCE.

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In accordance with the Couft's order to serve copies of the order on all parties, I certify

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that I have dispatched the foregoing document, attached hereto as Exhibit A, to a third party

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commercial carrier for delivery within 3 calendar days to the following parties:

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Matt Martel

Scott A. Kronland
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Altshuler Berzon LLP
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177 Post Street
Suite 300
San Francisco, CA 94108
Attorney for City of Richmond, Richmond City
Council, Mortgage Resolution Partners LLC,
and Gordiqn Sword LLC

[e-mail]
Joseph B. Sconyers
j s c ony er s @j one s day. c om
Jones Day
1 00 HigtL Street, 2 1't Floor
Boston, MA 02110
Attorneys þr U.S. Bank, N.A., as trustee

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Kurt Osenbaugh
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Kur

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Altston & Bird
333 S. Hope St., 16th Floor
Los Angeles, CA 90071
Attorneyfor Wilmington Trust Company and
Wilmington Trust, National Association, qs
trustees

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Executed August 29,2013, in Los Angeles, California.

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Theresa Struwe
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PROOF OF SERVICE OF ORDER SETTING CASE MANAGEMENT CONFERENCE
CASE NO. I 3-cv-3664-CRB

E,XHIBIT A

Case3:13-cv-03664-CRB Document2l Filed0S/28113 Pagel-of8

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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No. C-13-3664

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ORDER SETTING CASE MANAGEMENT CONFERENCE

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

IT IS HEREBY ORDERED, pursuant to Rule

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Civil Local rule 16,that

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on Friday, November 8.

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a case management conference

2013

16, Federal Rules

will

of Civil Procedure, and

be held before Judge Charles R. Breyer

at 8:30 a.m., in Courtroom 6,lTth floor, 450 Golden Gate

Avenue, San Francisco, California.
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

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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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a

joint

case management statement in the form contained in the

Civil Local

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.

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

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regulating and controlling future proceedings may be entered.

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

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.

Case3:l-3-cv-03664-CRB Document2l- Filed0S/28l1-3 Page2of

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SUPPLEMENTAL TO INITIAL CASE MANAGEMENT STATEMENT

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At the initial

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record for each party must appear in person. See FRCP 26(Ð

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case management conference, the parties or at least one attomey

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Civil LR 16-10(a).

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

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the parties' controversy. Anl¿ part)¡ seeking damages must set forth in the statement

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the amount sought and the basis for its calculation.

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If the case was removed from

a state court, and the applicable state law has not

jury trial

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required the parties to make an express demand for

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any party claiming right to

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at the time of removal,

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

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jury trial must make the request therefor within fourteen

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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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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

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your case.

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The court hereby ORDERS you to comply with the service requirements

It is your responsibility to obtain

a

of

of

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 offrcial 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

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

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I 8 years

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of the summons and complaint is not made upon a defendant within 120 days after

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Case3:l-3-cv-03664-CRB Document2l- Filed0S/2811-3 Page3ofB

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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.

V/ithin 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

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service). You must also show cause why a defendant not served within the I20

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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

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

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If this action

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pursuant to Title

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

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III of the Americans with Disabilities Ãct, 42 USC $ 12191-

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

service on any unserved defendant;

b.

Discovery, except for initial disclosures required by FRCP 26 (a), and

all other proceedings are until further order STAYED;

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Each

seeks accommodation or other relief, including attorney fees,

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,46l US 424,

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429 -30, 433 -31 ( I 983));

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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 (Ð, the information set forth in

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paragraphs c and d.

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Case3:13-cv-03664-CRB Document2l- Filed0S/2811-3 Page4ofB

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Sanctions. FAILURE TO COMPLY \ryITH THIS ORDER may be deemed

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

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Rules of Civil Procedure 16(Ð,

4I (b); Civ LR 1-4.

IT IS SO ORDERED.

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Dated: April 8,2013

CHARLES R. BREYER
TINITED STATES DISTRICT JUDGE

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Case3:13-cv-03664-CRB Document2l- Filed0S/28113 Page5of

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STANDING ORDERS
(revised April 20131
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 Calendar is conducted on Wednesdays at l0:00 a.m. for sentencing and
2:00 p.m. for all other matters. ORDER OF CALL lS DETERMINED BY THE
COURT.
b. Civil Law and Motion Calendar is conducted on Fridays at l0:00 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 courl's website 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, modiff briefìng schedules, or make
other procedural changes shall submit a signed stipulation and proposed order, or, if
stipulation is not possible, an ex pafte 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. All chambers copies should be three-hole punched along the left side of the page,
and should bear the ECF filing "stamp" (case number, docket number, date, and ECF
page number) along the top of the page. All exhibits shall be clearly delineated with
tabs along the right side (e.9., "1:' "2," "3"). lf the filing includes exhibits over three
inches thick, the parties shall place the chambers copy in a binder.

7. To the extent that filings include under seal materials, chambers copies should
include all material
both redacted and unredacted
so that the chambers staff does
not have to re-assemble the whole brief or declaration, although chambers copies

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Case3:l-3-cv-03664-CRB Document2l Filed0B/2811-3 Page6ofB

should clearly delineate which portions are confidential (via highlighting).

8. Courtesy copies of all motions, oppositions and replies must be delivered to the
Clerk's Office no later than noon on the court day following the day that the brief was
electronically filed, Note: these deadlines differ from those in Civil Local Rule 51(eX7XA).
9. 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 F¡LE WITH THE CLERK OF THE COURT A
CERTIFICATE REFLECTING SUCH SERVICE,
IT IS SO

Dated:

April29,2013

RED.

R. BREYER,
UNITED STATES DISTRICT JUDGE

Case3:1-3-cv-03664-CRB Document2l- Filed0S/28i13 PageTofB

STANDING ORDER FOR ALL JUDGES
OF THE NORTHERN DISTRICT OF CALIFORNIA
CONTENTS OF JOINT CASE MANAGEMENT STATEMENT
Commencing July 1, 201'1., 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 whictu
except in unusually complex cases, should not exceed ten pages:

1,.

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

5.
6.

Evidence Preservation: A brief report certifying that the parties have reviewed the Guidelines
RelatingtotheDiscovery of ElectronicallyStored [:rformation ('ESI Guidelines"), and confirming
that the parties have met and confored pursuant to Fed. R. Civ. P. 2í(f)regardngreasonable and
proportionate steps taken to preserve evidence relevant to the issues reasonably evident
in this action. SeeESI Guidelines2.0'J, and2.02, 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.

Discover)¡: 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.

Effectíue døte: July 1, 201L (Last Revised November 27,2012)

Case3:l-3-cv-03664-CRB Document2L Filed0S/2811-3 PageSofS

11.

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.

13.

Consent to Masishate T udse For All Purooses: Whether all parties will consent to have
a magistrate judge conduct all further proceedings including trial and entry of

iudcment. Yes

No

1,4. Other References:Whether the case is suitable for reference to binding arbitration,
special master, or the Judicial Panel on Multidistrict Litigation.

15.

a

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.

1.6.

17,
18.

\9.

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
agteq they shall instead of this Statemen! file an executed Agreement for Expedited
Trial and a ]oint Expedited Case Management Statement, in accordance with General
Order No. 64 Attachments B and D.
Schedulins: Proposed dates for designation of experts, discovery cutoff, hearing of
dispositive motions, pretrial conference and trial.
Trial: Whether the case will be tried to a jury or to the court and the expected
length of the trial.
Disclosure of Non-partv 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
(inctuding 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.

20.

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

Effectíue dnte: July 1,2011(Last Revised November 27,2012)