Eidenmuller v. Groupon, Inc.

Filing 7

CASE MANAGEMENT SCHEDULING ORDER FOR REASSIGNED CIVIL CASES: Case Management Conference set for 6/22/2011 02:30 PM., via Telephone. Signed by Judge Saundra Brown Armstrong, on 3/11/11. (lrc, COURT STAFF) (Filed on 3/11/2011) Modified on 3/14/2011 (jlm, COURT STAFF).

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IN THE UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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WILLIAM EIDENMULLER,

No. C 11-00984 SBA

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Plaintiff,

CASE MANAGEMENT SCHEDULING
ORDER FOR REASSIGNED CIVIL
CASES

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v.
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GROUPON INC,
Defendant.

United States District Court
For the Northern District of California

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/

This action having been reassigned to the Honorable Saundra Brown Armstrong,
IT IS ORDERED that this action is assigned to the Case Management Program and shall be
governed by Civil L.R. 16-2. The dates listed in the Order Setting Initial Case Management
Conference remain in effect except that the initial Case Management Conference is rescheduled for
June 22, 2011, at 2:30 p.m., via telephone.
Plaintiff's counsel is to set up the conference call with all the parties on the line and call
chambers at [phone]. (NO PARTY SHALL CONTACT CHAMBERS DIRECTLY WITHOUT PRIOR
AUTHORIZATION OF THE COURT.)
Plaintiff(s) is directed to serve a copy of this Order at once on all parties to this action in
accordance with the provisions of Rule 5 of the Federal Rules of Civil Procedure not enrolled in the
e-filing program. Following service, the party causing the service shall file a certificate of service
with the Clerk of Court.

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Dated: 3/11/11
SAUNDRA BROWN ARMSTRONG
United States District Judge

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JUDGE ARMSTRONG'S STANDING ORDERS
Effective November 8, 2010

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1.
Compliance with Local Rules: Counsel are expected to consult and comply with
all provisions of the Local Rules of Court relating to continuances, motions and all other matters.

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2.
Law and Motion Calendar: The Court's law and motion calendar takes place on
Tuesdays. The criminal law and motion calendar begins at 9:00 a.m. The civil law and motion
calendar begins at 1:00 p.m. Civil matters shall not be noticed for hearing on a Tuesday
following an official court holiday that falls on a Monday. The Court may, pursuant to
Fed.R.Civ.P. 78(b) and Civil L.R. 7-1(b), resolve motions without a hearing. The parties are
advised to confer with the Court's website at http://www.cand.uscourts.gov to determine whether
an appearance on the motion is required.

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United States District Court
For the Northern District of California

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3.
Setting Motions for Hearing: The Court does not reserve hearing dates. To
schedule a matter on the Court's civil law and motion calendar, the parties are directed to review
the Court's calendar at www.cand.uscourts.gov to determine the next available hearing date.
Matters are calendared on a first come first serve basis. You MUST submit Chambers Copies
(i.e., hard copies) of all motion papers filed in E-FILED cases in order to be placed on calendar.
Voluminous exhibits should be placed in binders, with divider tabs.
4.
Checking the Calendar Before You Appear: Before appearing for a matter
before this Court all parties shall check the court's calendar at www.cand.uscourts.gov to confirm
that their matters are still on calendar.
5.
Meet and Confer Requirement: All parties are expected to meet and confer
before filing any motion before the Court. The motion and any other non-stipulated request shall
include a certification, which may be included in the body of the document, that the parties have
complied with the meet and confer requirement. The Court may disregard any papers submitted
that do not comply with this rule.
6.
Summary Judgment/Partial Summary Judgment: The parties are not required
to file statements of undisputed facts in connection with a motion for summary judgment.
However, if the parties desire to file a statement of undisputed facts, only one joint statement of
undisputed facts signed by all parties shall be filed. All separate statements will be stricken. If the
parties are unable to agree that a fact is undisputed, they should assume that fact is in dispute.
7.
Proposed Orders: Each party filing or opposing a motion shall also serve and file
a proposed order which sets forth the relief of action which includes that the party requests the
Court to adopt, a short statement of the rationale of decision including citation to authority.
8.
Effect of Failing to Oppose a Motion: The failure of the opposing party to
timely file a memorandum of points and authorities in opposition to any motion or request shall
constitute a consent to the granting of the motion.
9.
Criminal Schedule: Criminal Law and Motion will be held on Tuesdays at 9:00
a.m. Prior to a plea being entered in a criminal case, a copy of the plea agreement must be
submitted to chambers no later than the Friday before the plea is to be taken. All persons
pleading guilty must complete an application for permission to enter plea of guilty, which is
available on the Court's website at www.cand.uscourts.gov.
10.
Courtesy Copies in e-Filing Cases: When filing papers in connection with any
motion or case management conference, the parties shall, in addition to filing papers
electronically, lodge with the Clerk's Office a printed copy of the papers by the close of business
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the following day the papers are filed electronically. These printed copies shall be marked
"Chambers Copy" and shall be submitted to the Clerk's Office, in an envelope clearly marked
with the judge's name, case number and "E-Filing Chambers Copy." Parties shall not file a paper
copy of any other document with the Clerk's Office that has already been filed electronically. You
MUST submit a hard copy of all motion papers filed in E-FILED cases in order to be placed on
calendar.

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OTHER REQUIREMENTS
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United States District Court
For the Northern District of California

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In addition to the requirements set forth in the Civil L.R. 16-10, counsel are expected to
comply with the following:
A.

Filing Case Management Conference Statements

Counsel are expected to comply with this Standing Order concerning the joint filing of the
Case Management Statement. In preparing the Case Management Statement, the parties shall use
the Standing Order for all Judges of the Northern District of California provided herewith. Note
that no party may submit a separate Case Management Statement. Disagreements among parties
with respect to any of the matters contained in the Case Management Statement shall be set forth
in the appropriate sections.
Counsel are further expected to file a Case Management Statement at least ten (10) days
before each and every scheduled Case Management Conference. If there is no change in the
status of the case from the time the last statement was filed, counsel shall indicate as such in a
pleading and attach a copy of the most recently filed Case Management Statement to the
pleading. Failure to timely file a Case Management Statement may result in sanctions.
B.

Appearance at the Case Management Conference

Each party shall be represented at the Case Management Conference by Counsel prepared
to address all of the matters referred to in this and the Civil L.R. 16-10(b), and with authority to
enter into stipulations and make admissions pursuant to this and Fed. R. Civ. P. 16(a) and (c).
Representatives of the parties may, but are not required to, attend. Unless otherwise specified, all
Case Management Conferences shall take place via telephone. Plaintiff or his/her counsel is
responsible for setting up the conference call. Plaintiff or his/her counsel will be notified of the
date and time of the telephone conference call by Clerk's Notice shortly after the case is filed.
Any request to reschedule the above dates shall be made in compliance with Civil L.R.
16-2(e) and must be made at least ten days prior to the date sought to be modified. A request to
continue a Case Management Conference shall be made in a separately-filed request, separate
from the Case Management Conference Statement. Counsel shall not contact the chambers of
Judge Armstrong regarding requests to modify provisions of this Standing Order; all requests
must be submitted in writing and served on all parties to the action.
The parties should be prepared to address and resolve at the Case Management
Conference the following: Setting the date and the estimated length of the trial; setting the
deadline for joining parties and amending the pleadings; setting the date for discovery and motion
cutoff; setting the date to designate experts and other witnesses; setting the date for the pretrial
Conference.
Other matters which the Court will take up at the Case Management Conference, in
addition to those specified in the Joint Case Management Statement and Proposed Order Form,
will include the following:
1.

Jurisdiction: Does this Court have subject matter jurisdiction over all of
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the plaintiff's claim(s) and defendant's counter-claim(s)? What is the basis of such jurisdiction?
Are all the parties subject to the Court's jurisdiction? Do any parties remain to be served?

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2.
Substance of the Action: What are the factual and legal bases for
plaintiff's claims, defendant's defenses, defendant's counter-claims and plaintiff's defenses to the
counterclaims?

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3.

Identification of Issues: What are the factual and legal issues genuinely in

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dispute?

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4.
Narrowing of Issues: What are the issues that can be narrowed by
agreement or by motions? Are there dispositive or partially dispositive issues appropriate for a
decision by motion?

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United States District Court
For the Northern District of California

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5.

Motions: What are the motion(s) anticipated by the parties?

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Relief: What relief does the plaintiff seek? What is the amount of
damages sought by plaintiff's claim(s)? What is the amount of damages sought by defendant's
counter-claim(s)? How are the damages computed?
7.
Discovery: What discovery does each party intend to pursue? Can
discovery be limited in any manner? Are there any alternative methods available to obtain the
necessary information? Should a discovery order and conference be entered pursuant to Fed. R.
Civ. P. 26(f)?
8.
Alternative Means of Disposition: Is the case suitable for reference to
binding arbitration, to a master, or to a magistrate for trial? Is the case suitable for reference to
the Judicial Panel on Multidistrict Litigation?
9.
Pretrial Conference and Trial Setting: Will this case be tried by a jury?
What is the anticipated length of trial? Is it possible to reduce the length of the trial by
stipulation, use of summaries or statements, or other expedited means of presenting evidence? Is
it feasible and desirable to bifurcate issues for trial?
10.
Related Cases: Are there any related cases pending before the judges of
this Court? See Civil L.R. 3-12.
11.
Cut-Off Dates: When are the earliest reasonable dates for amendment to
the pleadings, discovery cutoff, motion cutoff, pretrial conference and trial?
12.
Settlement: What are the prospects for settlement? Does any party wish
to have a settlement conference with a magistrate? How can settlement efforts be assisted? See
ADR L.R. 7-3.
13.
Other Matters: Such other matters as any party considers conducive to
the just, speedy and inexpensive determination of this action. See Fed.R.Civ.P. 16(a) and (c).
C.

Law and Motion Matters

Law and Motion matters will be heard on Tuesdays at 1:00 p.m., in Courtroom 1 of the
United States Courthouse, 1301 Clay Street, 4th Floor, Oakland, California. Pursuant to Civil
Local Rule 7-1, 7-2 and 7-3, all civil motions shall be noticed for a hearing not less than
thirty-five (35) calendar days after service. The opposition and supporting papers shall be filed
not less than twenty-one (21) days before the noticed hearing date. The reply shall be filed not
less than fourteen (14) days before the hearing date. Each party filing or opposing a motion shall
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also serve and file a proposed order which sets forth the relief sought and a short statement of the
rationale of decision, including citation of authority, that the party requests the Court to adopt. All
parties are required to meet and confer before filing any motion with this court, and to
certify that they have complied with this requirement.

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United States District Court
For the Northern District of California

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Note that pursuant to Fed.R.Civ.P. 78(b) and Civil L.R. 7-1(b), the Court may, in its
discretion, adjudicate motions without oral argument.
Opening and opposition briefs exceeding twenty-five (25) pages and reply briefs
exceeding fifteen (15) pages may be filed only with leave of the Court seven (7) days before the
filing date of the motion. See Civil L.R. 7-4(b).
Any pleading or brief sought to be filed with the Court after the required time, or in an
improper manner or form, shall not be received or considered by the Court. Any attorney in
violation of such requirements will be subject to other sanctions. Civil L.R. 1-4.
The failure of the opposing party to file a memorandum of points and authorities in
opposition to any motion shall constitute a consent to the granting of the motion.
The parties are not required to file a statement of undisputed facts in connection with a
motion for summary judgment/partial summary judgment. However, if the parties desire to file a
statement of undisputed facts, only one joint statement of undisputed facts signed by all parties
shall be filed. All separate statements will be stricken. If the parties are unable to agree that a fact
is undisputed, they should assume that fact is in dispute.
The parties need not reserve hearing dates. However, the parties are advised to check the
court's calendar at www.cand.uscourts.gov for the next available hearing date. Matters are
calendared on a first come first serve basis. You must submit a hard copy of all motion papers
filed in E-FILED cases in order to be placed on calendar.
Failure to comply with this Order or the Local Rules of this Court may result in sanctions.
See Fed.R.Civ.P. 16(f); Civil L.R. 1-4.

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_______________________________
SAUNDRA BROWN ARMSTRONG
United States District Judge

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