Site Update Solutions LLC v. Accor North America Inc et al

Filing 534

ORDER SETTING CASE MANAGEMENT CONFERENCE. Joint Case Management Statement due by 10/6/2011. Case Management Conference set for 10/13/2011 02:00 PM. Signed by Judge Phyllis J. Hamilton on 8/19/11. (nah, COURT STAFF) (Filed on 8/19/2011)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SITE UPDATE SOLUTIONS,
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Plaintiff(s),

No. C 11-3306 PJH

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v.

ORDER SETTING CASE
MANAGEMENT CONFERENCE

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ACCOR NORTH AMERICA, et al.
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[Reassigned Case]
Defendant(s).
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TO ALL PARTIES AND COUNSEL OF RECORD:
The above matter having been reassigned to the Honorable Phyllis J. Hamilton. It is
hereby ordered, pursuant to Fed. R. Civ. P. 16(b) and Civil L. R. 16-10, that a Case
Management Conference shall be held in this case on October 13, 2011, at 2:00 p.m., in
Courtroom 3, 3rd Floor, Federal Building, 1301 Clay Street, Oakland, California.

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Counsel shall meet and confer as required by Fed. R. Civ. P. 26(f) prior to the Case
Management Conference with respect to those subjects set forth in Fed. R. Civ. P. 16(c).
Not less than seven (7) days before the conference, counsel shall file a joint case
management statement addressing each of the items listed in the "Standing Order For All
Judges of the Northern District -- Contents of Joint Case Management statement," which is
attached to this order and can also be found on the court's website. A proposed order is
not necessary. Following the conference, the court will enter its own Case Management
and Pretrial Order.

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Each party shall appear personally or by counsel prepared to address all of the
matters referred to in this Order and with authority to enter stipulations and make
admissions pursuant to this Order. Any request to reschedule the date of the conference
shall be made in writing, and by stipulation if possible, at least ten (10) days before the
date of the conference and must be based upon good cause.

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As it is not apparent to the court what relationship, if any, the large number of
defendants share, the parties shall 1) be specifically prepared to discuss whether
joinder of defendants is proper, and 2) provide the court with a list of all parties and
all counsel.
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STANDING ORDER FOR ALL JUDGES OF THE NORTHERN DISTRICT OF
CALIFORNIA

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CONTENTS OF JOINT CASE MANAGEMENT STATEMENT

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Commencing March 1, 2007, all judges of the Northern District of California will
require the 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:

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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.

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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.

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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.

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6.
Evidence Preservation: Steps taken to preserve evidence relevant to the issues
reasonably evident in this action, including interdiction of any document-destruction
program and any ongoing erasures of e-mails, voice mails, and other electronicallyrecorded material.

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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.

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8.
Discovery: Discovery taken to date, if any, the scope of anticipated discovery, any
proposed limitations or modifications of the discovery rules, and a proposed discovery plan
pursuant to Fed. R. Civ. P. 26(f).

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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.

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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.
13.
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.
14.
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.
16.
Expedited Schedule: Whether this is the type of case that can be handled on an
expedited basis with streamlined procedures.

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17.
Scheduling: Proposed dates for designation of experts, discovery cutoff, hearing of
dispositive motions, pretrial conference and trial.

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18.
Trial: Whether the case will be tried to a jury or to the court and the expected length
of the trial.

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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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20.
Such other matters as may facilitate the just, speedy and inexpensive disposition of
this matter.
IT IS SO ORDERED.

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Dated: August 19, 2011
______________________________
PHYLLIS J. HAMILTON
United States District Judge

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