Actuate Corporation v. NCR Corporation et al

Filing 9

ORDER SETTING CASE MANAGEMENT CONFERENCE. Joint Case Management Statement due by 10/31/2013. Initial Case Management Conference set for 11/7/2013 02:00 PM. Signed by Judge Phyllis J. Hamilton on 8/14/1. (nah, COURT STAFF) (Filed on 8/14/2013)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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ACTUATE CORPORATION,
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Plaintiff(s),

No. C 13-3494 PJH

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v.

ORDER SETTING CASE
MANAGEMENT CONFERENCE

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NCR CORPORATION, et al.,
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[Reassigned Case]
Defendant(s).
___________________________________/
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 November 7, 2013, 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. If any party is proceeding without counsel, separate statements may be
filed by each party.
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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STANDING ORDER FOR ALL JUDGES

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OF THE NORTHERN DISTRICT OF CALIFORNIA

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CONTENTS OF JOINT CASE MANAGEMENT STATEMENT

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Commencing July 1, 2011, 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 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.

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Facts: A brief chronology of the facts and a statement of the principal factual
issues in dispute.

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Legal Issues: A brief statement, without extended legal argument, of the disputed
points of law, including reference to specific statutes and decisions.

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

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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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Evidence Preservation: A brief report certifying that the parties have reviewed the
Guidelines Relating to the Discovery of Electronically Stored Information (“ESI Guidelines”),
and confirming that the parties have met and conferred pursuant to Fed. R. Civ. P. 26(f)
regarding reasonable and proportionate steps taken to preserve evidence relevant to the
issues reasonably evident in this action. See ESI Guidelines 2.01 and 2.02, and
Checklist for ESI Meet and Confer.

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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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Discovery: 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.

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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.
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.

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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. ___ Yes ___ No
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.

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16. Expedited 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 agree, they shall instead of this Statement, file an executed Agreement for
Expedited Trial and a Joint Expedited Case Management Statement, in accordance
with General Order No. 64 Attachments B and D.
17. Scheduling: Proposed dates for designation of experts, discovery cutoff, hearing of
dispositive motions, pretrial conference and trial.
18. Trial: Whether the case will be tried to a jury or to the court and the expected
length of the trial.
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
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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.

IT IS SO ORDERED.

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Dated: August 14, 2013
______________________________
PHYLLIS J. HAMILTON
United States District Judge

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