Bishop v. Electronic Arts, Inc., et al

Filing 42

ORDER by Judge Claudia Wilken GRANTING (81) Motion to Appoint Interim Co-Lead Counsel in case 4:09-cv-01967-CW; GRANTING (76) Motion to Appoint Interim Co-Lead Counsel in case 4:09-cv-03329-CW (cwlc2, COURT STAFF) (Filed on 1/15/2010)

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B i s h o p v. Electronic Arts, Inc., et al D o c . 42 1 2 3 4 5 6 7 8 9 10 2. 1. IN THE UNITED STATES DISTRICT COURT F O R THE NORTHERN DISTRICT OF CALIFORNIA S T A N D IN G ORDERS Co unse l shall consult and comply with all provisions of the Local Rules relating to contin uanc es, motions, briefs, and all other matters. Any pleading hereafter sought to be filed with the Court after the required time, or in an improper manner or form, shall n o t be received or considered by the Court. Any attorney in violation of such r e q u i re m e n t s will be subject to other sanctions. Civil Local Rule 1-4. Co unse l need not reserve a motion hearing date with the Court. Notice your motion in acco rdan ce with the following times: Civil motions are heard on Mondays at 10:00 a.m. Case Management Conferences are held on Mondays at 1:30 p.m. Pretrial C o n fe re n ce s are held on Mondays at 3:00 p.m. P a r t ie s wanting to continue hearings, request special status conferences, or make other p r o c e d u r a l changes should do so by either a signed stipulation and order or, if a s t ip u l a t io n is not possible, by a written ex parte application and order. Briefing sch ed u les may not be changed by stipulation. Any change in the hearing date d o e s not alter the original briefing schedule unless otherwise ordered by the Cou rt. United States District Court 11 12 3. For the Northern District of California 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4 . FOR ALL ECF (ELECTRONIC CASE FILING) CASES (i.e. "E-FILING" C A S E S) THE FOLLOWING SHALL APPLY: W h e n E-filing papers in connection with any of the matters listed below, the p a r t i e s shall, in addition to filing the papers electronically, lodge with chambers a p r i n t e d copy of the papers as soon as possible thereafter and, in any event, by no later t h a n the close of the next court day following the day the papers are filed e l e c tr o n i c a l ly . These printed copies shall be submitted to the Clerk's Office, in an enve lo p e clearly marked " E-FILING CHAMBERS COPY" along with the judge's n a m e , and case name and number. - - All motions calendered for hearing (and oppositions and replies) - - Petitions for Writ of Habeas corpus in which petitioner is represented b y counsel (and answers/oppositions and replies/traverses) - - Non-calendared motions for (a) reconsideration or (b) a temporary r es tr ain in g order (TRO) 1 2 3 4 5 6 7 8 9 10 6. 5. -- Motions in limine and oppositions -- Jury instructions and proposed verdicts and objections thereto All discovery matters are hereby referred to the Magistrate Judge Assignment Clerk f o r assignment. All such matters shall be noticed by the moving party for hearing on th e assigned Magistrate Judge's regular Law and Motion calendar. Parties are reminded that most procedural questions are answered in the Local Rules. Counsel are urged to obtain, review, and adhere to the Local Rules for the Northern D i s t r ic t of California. Copies are available from the Clerk's Office. United States District Court 11 12 For the Northern District of California 7. Plaintiff is directed to serve copies of this order at once upon all parties to this a c t i o n , and upon those subsequently joined, in accordance with Federal Rules of C i v i l Procedure 4 and 5. Plaintiff shall file with the Clerk of the Court a certificate refl ectin g such service. FAILURE TO COMPLY WITH THIS ORDER may be deemed sufficient grounds for d i s m i s s a l of this cause, default, or other appropriate sanctions. 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 1 2 3 4 5 6 7 8 9 10 ORDER SETTING CASE MANAGEMENT CONFERENCE T h is action having been assigned to JUDGE THELTON E. HENDERSON, IT IS O R D E R E D that a Case Management Conference be held in the above action on _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ at 1:30 p.m. in COURTROOM 12, U N I T E D STATES COURTHOUSE, 450 Golden Gate Avenue, San Francisco, California. Co unse l are directed to confer in advance of the Case Management Conference with respe ct to the items listed below and file with the Court, not less than seven (7) days in a d v a n c e of the conference, a joint certificate reflecting the results of the conference. The parties shall appear in person or through counsel and shall be prepared to discuss all matter s referred to in this Order. A n y request to reschedule the above date should be made in writing, and by s t ip u l a t io n if possible, not less than ten (10) days before the Conference date. A t the Conference, the parties should be prepared to address and resolve the following: 1. S e t t in g the date and estimated length of the trial; setting the date for discovery cut-off; s e t ti n g the date to designate experts and other witnesses; and setting the date for pret r ia l conference. 2. D o e s the Court have subject matter jurisdiction over all of the plaintiffs' claims and d e f e n d a n t s' counterclaims? What is the basis of that jurisdiction? Are all the parties s u b j e c t to the Court's jurisdiction? Do any parties remain to be served? 3. W h a t are the factual and legal bases for plaintiff's claims and defendant's defenses? Defendant's counter-claims and plaintiff's defenses to the counter-claims? 4. 5. W h a t are the factual and legal issues genuinely in dispute? Wh at are the issues that can be narrowed by agreement or by motion? Are there d i s p o s it i v e or partially dispositive issues appropriate for a decision by motion? 6. W h a t are the motions anticipated by the parties? United States District Court 11 12 For the Northern District of California 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 g:\tehall\forms\standing.ord 3 1 2 3 4 5 6 7 8 9 10 7. What relief does the plaintiff seek? What is the amount of damages sought by p lain tiff's claims? W h a t is the amount of damages sought by defendant's counterc l a im s ? How are the damages computed? 8. W h a t discovery does each party intend to pursue? Can discovery be limited in any man n er? Are there any alternative methods available to obtain the necessary in fo rma tio n ? Should a discovery order be entered pursuant to Fed R. Civ P. 26(f)? 9. Is the case suitable for reference to binding arbitration, to a master, or to a Magistrate J u d g e for trial? Is the case suitable for reference to the Judicial Panel on Multidistrict L i t ig a t i o n ? 10. Will this case be tried by a jury? What is the anticipated length of trial? Is it possible t o reduce the length of the trial by stipulation, use of summaries or statements or other expe dited means of presenting evidence? Is it feasible and desirable to bifurcate issues for trial? United States District Court 11 12 For the Northern District of California 13 14 15 16 17 18 19 20 21 22 23 24 25 26 15. 14. 12. 13. 11. Are there any related cases pending before the judges of this Court? See Civil Local R u l e 3-12. I f this is a class action, how and when will the class be certified? W h e n are the earliest reasonable dates for discovery cut-off, pre-trial conference and trial? W h a t are the prospects for settlement? Does any party wish to have a settlement c o n f e r e n c e with another Judge or Magistrate Judge? How can settlement efforts be a s s i st e d ? Any other matters that any party considers conducive to the just, speedy, and i n e x p e n s iv e determination of this action. I T IS SO ORDERED. DATED 27 28 g:\tehall\forms\standing.ord THELTON E. HENDERSON, JUDGE UNITED STATES DISTRICT COURT 4 (Rev. 01/02)

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