Goodwin v. City of Hayward et al

Filing 25

ORDER Case Management Statement due by 9/19/2012. Case Management Conference set for 9/26/2012 01:30 PM in Courtroom 4, 3rd Floor, Oakland. Signed by Magistrate Judge Donna M. Ryu on 6/28/2012. (dmrlc2, COURT STAFF) (Filed on 6/28/2012)

1
2
3
4
5
6
7

UNITED STATES DISTRICT COURT

8

NORTHERN DISTRICT OF CALIFORNIA

9

GOODWIN

11
For the Northern District of California

United States District Court

10

No. C-12-01104-DMR
Plaintiff(s),

v.

12

CITY OF HAYWARD ET AL,

13

ORDER SETTING CASE
MANAGEMENT CONFERENCE AND
CASE MANAGEMENT SCHEDULE,
AND STANDING ORDER FOR
MAGISTRATE JUDGE DONNA M. RYU
[Reassigned Case]

Defendant(s).
___________________________________/

14
15
16
17

TO ALL PARTIES AND COUNSEL OF RECORD:
The above-entitled matter has been reassigned to the Honorable Donna M. Ryu for trial and

18

all further proceedings. The court has reviewed the parties' June 19, 2012 joint case management

19

conference statement [Docket No. 18], which requests a June 2013 date for a 7-day jury trial. The

20

court hereby enters the following case management schedule:

21
22

Case Management Conference: 9/26/2012 at 1:30 p.m.

23

Case Management Statement in conformance with attached Standing Order: 9/19/12.

24

Jury Trial: 6/10/2013 at 8:30 a.m. (estimated length: 7 days).

25

Pretrial Conference: 5/29/2013 at 3:00 p.m.

26

Objections to Exhibits/Witnesses/Prop. Voir Dire Questions/Jury Instructions/Verdict

27

Forms/Oppositions to Motion in limine: 5/20/2013.

28

Joint Pretrial Conference Statement/Trial Briefs: 5/10/2013.

1

Lead Counsel to meet and confer re: Joint Pretrial Conference Statement, Exchange of Pretrial

2

materials and Settlement: 4/30/2013.

3

Last Day to hear dispositive motions: 3/22/2013 at 11:00 a.m.

4

Expert Discovery to be completed by: 2/20/2013.

5

Rebuttal Expert Disclosure to be completed by: 2/6/2013.

6

Non-expert Discovery to be completed by: 1/23/2013.

7

Expert Disclosure by Plaintiff and Defendants to be completed by: 1/23/2013.

8
9

As noted in Judge Hamilton's June 21, 2012 minute order [Docket No. 20], the previously ordered
ADR process and deadline remains unchanged. The parties shall participate in court-sponsored

11
For the Northern District of California

United States District Court

10

mediation to be completed by September 4, 2012.

12
13

STANDING ORDER FOR

14

MAGISTRATE JUDGE DONNA M. RYU

15

(Revised June 28, 2012)

16

Parties shall comply with the procedures in the Federal Rules of Civil or Criminal Procedure,

17

the Northern District of California’s Local Rules and General Orders, and this standing order, all of

18

which are available at http://www.cand.uscourts.gov. The parties’ failure to comply with any of the

19

rules or orders may be grounds for monetary sanctions, dismissal, entry of judgment, or other

20

appropriate sanctions.

21

CALENDAR DATES AND SCHEDULING

22

1.

23

a.m., or during the regular criminal calendar when Judge Ryu is on criminal calendar duty. Civil

24

motions are heard on the second and fourth Thursdays of the month at 11:00 a.m. Civil case

25

management conferences are heard on Wednesdays at 1:30 p.m. Civil pretrial conferences are heard

26

on Wednesdays at 3:00 p.m.

27

2.

28

Parties need not reserve a hearing date, but should confirm the court’s availability at

Criminal motions are heard on the second and fourth Thursdays of the month at 11:00

Parties should notice motions (other than discovery motions) pursuant to the local rules.

http://www.cand.uscourts.gov. The court may reset hearing dates as the court’s calendar requires.
2

1

3.

2

637-3639.

For scheduling questions, please call Judge Ryu’s courtroom deputy, Ivy Garcia at (510)

3

CONSENT CASES

4

4.

5

a written consent to the assignment of a United States Magistrate Judge for all purposes, or written

6

declination of consent, as soon as possible. If a party files a dispositive motion (such as a motion to

7

dismiss or a motion for remand), the moving party must file the consent or declination

8

simultaneously with the motion. In no event shall the consent or declination be filed later than the

9

deadlines specified in Civil L.R. 73-1(a)(1) and (2).
CHAMBERS COPIES AND PROPOSED ORDERS

11
For the Northern District of California

United States District Court

10

In civil cases that are randomly assigned to Judge Ryu for all purposes, each party should file

5.

12

filings and mark it as a copy for “Chambers.” Please three-hole punch the chambers copy and

13

submit it to the Oakland Clerk’s Office.

14

6.

15

to [e-mail] as a word processing attachment on the same day the document is e-

16

filed. This address should only be used for this stated purpose unless otherwise directed by the

17

court.

18

Pursuant to Civil L.R. 5-1(e)(7) and 5-2(b), parties must lodge an extra paper copy of certain

Any stipulation or proposed order submitted by an e-filing party shall be submitted by email

CIVIL CASE MANAGEMENT

19

7.

20

shall file a Joint Case Management Statement in full compliance with the Northern District of

21

California’s general standing order for civil cases entitled “Contents of Joint Case Management

22

Statement,” available on the Court’s website.

23

8.

24

approval. Each party shall be represented in person at the Case Management Conference by lead

25

trial counsel (or a party if in pro se), who shall be (1) prepared to address all of the matters referred

26

to in the Northern District of California’s general standing order on Joint Case Management

27

Statements; and (2) have full authority to enter stipulations and make admissions pursuant to that

28

order. Permission for a party to attend by telephone may be granted, in the court's discretion, upon

No later than seven days before the initial case management or status conference, the parties

Parties may not stipulate to continue a case management or pretrial conference without court

written request made at least one week in advance of the hearing if the court determines that good
3

1

cause exists to excuse personal attendance, and that personal attendance is not needed in order to

2

have an effective conference. The facts establishing good cause must be set forth in the request.

3

9.

4

reporter unless counsel requests a court reporter in advance.

All case management conferences are audio recorded. They are not reported by a court

5

CIVIL DISCOVERY

6

Discovery Disputes

7

10.

8

manner, the court uses the following procedure. The parties shall not file formal discovery motions.

9

Instead, as required by the federal and local rules, the parties shall first meet and confer to try to

In order to respond to discovery disputes in a flexible, cost-effective and efficient

resolve their disagreements. The meet and confer session must be in person or by telephone, and

11
For the Northern District of California

United States District Court

10

may not be conducted by letter, e-mail, or fax. If disagreements remain, the parties shall file a joint

12

letter no later than five business days after the meet and confer session, unless otherwise directed by

13

the court. Lead trial counsel for both parties must sign the letter, which shall include an

14

attestation that the parties met and conferred in person or by telephone regarding all issues prior to

15

filing the letter. Going issue-by-issue, the joint letter shall describe each unresolved issue,

16

summarize each party’s position with appropriate legal authority; and provide each party’s final

17

proposed compromise before moving to the next issue. The joint letter shall not exceed ten pages

18

without leave of court. Parties are expected to plan for and cooperate in preparing the joint

19

letter so that each side has adequate time to address the arguments. In the rare instance that a

20

joint letter is not possible, each side may submit a letter not to exceed four pages, which shall

21

include an explanation of why a joint letter was not possible. The parties shall submit one exhibit to

22

the letter that only sets forth each disputed discovery request in full, followed immediately by the

23

objections and/or responses thereto. No other information shall be included in any such exhibit. No

24

other exhibits shall be submitted without prior approval by the court. The court will review the

25

submission(s) and determine whether formal briefing or proceedings are necessary. Discovery

26

letter briefs must be e-filed under the Civil Events category of Motions and Related Filings >

27

Motions - General > "Discovery Letter Brief".

28

11.

In the event that a discovery hearing is ordered, the court has found that it is often efficient

and beneficial for counsel to appear in person. This provides the opportunity, where appropriate, to
4

1

engage counsel in resolving aspects of the discovery dispute while remaining available to rule on

2

any disputes that counsel are not able to resolve. For this reason, the court expects counsel to appear

3

in person. Permission for a party to attend by telephone may be granted, in the court's discretion,

4

upon written request made at least one week in advance of the hearing if the court determines that

5

good cause exists to excuse personal attendance, and that personal attendance is not needed in order

6

to have an effective discovery hearing. The facts establishing good cause must be set forth in the

7

request.

8

12.

9

exhausting good faith attempts to resolve disputed issues, seek judicial intervention pursuant to Civil

In emergencies during discovery events (such as depositions), any party may, after

L.R. 37-1(b) by contacting the court through the courtroom deputy. If the court is unavailable, the

11
For the Northern District of California

United States District Court

10

discovery event shall proceed with objections noted for the record.

12

Privilege Logs

13

13.

14

it is privileged or otherwise protected from discovery, that party shall promptly prepare and provide

15

a privilege log that is sufficiently detailed and informative for the opposing party to assess whether a

16

document’s designation as privileged is justified. See Fed.R.Civ.P. 26(b)(5). The privilege log shall

17

set forth the privilege relied upon and specify separately for each document or for each category of

18

similarly situated documents:

If a party withholds information that is responsive to a discovery request by claiming that

19

(a) the title and description of the document, including number of pages or Bates-number

20

range;

21

(b) the subject matter addressed in the document;

22

(c) the identity and position of its author(s);

23

(d) the identity and position of all addressees and recipients;

24

(e) the date the document was prepared and, if different, the date(s) on which it was sent to or

25

shared with persons other than its author(s); and

26

(f) the specific basis for the claim that the document is privileged or protected.

27

Communications involving trial counsel that post-date the filing of the complaint need not be placed

28

on a privilege log. Failure to furnish this information promptly may be deemed a waiver of the
privilege or protection.
5

1

SUMMARY JUDGMENT

2

14.

3

facts not in dispute by citations to admissible evidence. If the parties are unable to reach complete

4

agreement after meeting and conferring, they shall file a joint statement of the undisputed facts about

5

which they do agree. Separate statements of undisputed facts shall not be filed and will not be

6

considered by the court.

Motions for summary judgment shall be accompanied by a joint statement of the material

7

UNREPRESENTED (PRO SE) PARTIES

8

15.

9

Lawyer” on the Court’s homepage, www.cand.uscourts.gov. The link discusses the Court’s “Legal

Parties representing themselves should visit the quick link titled “If You Don’t Have a

Help Center” for unrepresented parties which is located on the 15th floor, room 2796, of the

11
For the Northern District of California

United States District Court

10

courthouse, 450 Golden Gate Avenue, San Francisco.

12

IT IS SO ORDERED.

13
14
15

______________________________
DONNA M. RYU
United States Magistrate Judge

16
17
18
19
20
21
22
23
24
25
26
27
28

6

1
STANDING ORDER FOR ALL JUDGES OF THE NORTHERN DISTRICT OF
CALIFORNIA

2

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

5

identical information in Joint Case Management Statements filed pursuant to Civil Local Rule

6

16-9. The parties must include the following information in their statement which, except in

7

unusually complex cases, should not exceed ten pages:

8

1.

9

plaintiff’s claims and defendant’s counterclaims, whether any issues exist regarding personal

10

jurisdiction or venue, whether any parties remain to be served, and, if any parties remain to be

11
For the Northern District of California

CONTENTS OF JOINT CASE MANAGEMENT STATEMENT

4

United States District Court

3

served, a proposed deadline for service.

12

2.

13

issues in dispute.

14

3.

15

of law, including reference to specific statutes and decisions.

16

4.

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

17

5.

Amendment of Pleadings: The extent to which parties, claims, or defenses are expected to

18

be added or dismissed and a proposed deadline for amending the pleadings.

19

6.

20

evident in this action, including interdiction of any document-destruction program and any

21

ongoing erasures of e-mails, voice mails, and other electronically-recorded material.

22

7.

23

requirements of Fed. R. Civ. P. 26 and a description of the disclosures made.

24

8.

25

proposed limitations or modifications of the discovery rules, and a proposed discovery plan

26

pursuant to Fed. R. Civ. P. 26(f).

27

9.

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

28

10.

Related Cases: Any related cases or proceedings pending before another judge of this

Jurisdiction and Service: The basis for the court’s subject matter jurisdiction over

Facts: A brief chronology of the facts and a statement of the principal factual

Legal Issues: A brief statement, without extended legal argument, of the disputed points

Evidence Preservation: Steps taken to preserve evidence relevant to the issues reasonably

Disclosures: Whether there has been full and timely compliance with the initial disclosure

Discovery: Discovery taken to date, if any, the scope of anticipated discovery, any

court, or before another court or administrative body.
7

1

11.

2

damages sought and a description of the bases on which damages are calculated. In addition, any

3

party from whom damages are sought must describe the bases on which it contends damages

4

should be calculated if liability is established.

5

12.

6

plan for the case, including compliance with ADR L.R. 3-5 and a description of key discovery or

7

motions necessary to position the parties to negotiate a resolution.

8

13.

9

magistrate judge conduct all further proceedings including trial and entry of judgment.

Relief: All relief sought through complaint or counterclaim, including the amount of any

Settlement and ADR: Prospects for settlement, ADR efforts to date, and a specific ADR

Consent to Magistrate Judge For All Purposes: Whether all parties will consent to have a

14.

11
For the Northern District of California

United States District Court

10

special master, or the Judicial Panel on Multidistrict Litigation.

12

15.

13

to expedite the presentation of evidence at trial (e.g., through summaries or stipulated facts), and

14

any request to bifurcate issues, claims, or defenses.

15

16.

16

basis with streamlined procedures.

17

17.

18

dispositive motions, pretrial conference and trial.

19

18.

20

the trial.

21

19.

22

“Certification of Interested Entities or Persons” required by Civil Local Rule 3-16. In addition,

23

each party must restate in the case management statement the contents of its certification by

24

identifying any persons, firms, partnerships, corporations (including parent corporations) or other

25

entities known by the party to have either: (i) a financial interest in the subject matter in

26

controversy or in a party to the proceeding; or (ii) any other kind of interest that could be

27

substantially affected by the outcome of the proceeding.

28

20.

Other References: Whether the case is suitable for reference to binding arbitration, a

Narrowing of Issues: Issues that can be narrowed by agreement or by motion, suggestions

Expedited Schedule: Whether this is the type of case that can be handled on an expedited

Scheduling: Proposed dates for designation of experts, discovery cutoff, hearing of

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

Disclosure of Non-party Interested Entities or Persons: Whether each party has filed the

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

matter.
8