Murphy v. California Physicians Service et al
Filing
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ORDER SETTING CASE MANAGEMENT CONFERENCE. Signed by Judge Phyllis J. Hamilton on 7/29/14. (nah, COURT STAFF) (Filed on 7/29/2014)
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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CATHLEEN MURPHY,
Case No. 14-cv-02581-PJH
Plaintiff,
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v.
ORDER SETTING CASE
MANAGEMENT CONFERENCE
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CALIFORNIA PHYSICIANS SERVICE,
et al.,
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Defendants.
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[Reassigned Case]
TO ALL PARTIES AND COUNSEL OF RECORD:
The above matter having been reassigned to the Honorable Phyllis J. Hamilton. It is
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United States District Court
Northern District of California
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hereby ordered, pursuant to Fed. R. Civ. P. 16(b) and Civil L. R. 16-10, that a Case
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Management Conference shall be held in this case on September 25, 2014, at 2:00
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p.m., in Courtroom 3, 3rd Floor, Federal Building, 1301 Clay Street, Oakland, California.
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Lead counsel shall meet and confer as required by Fed. R. Civ. P. 26(f) prior to
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the Case Management Conference with respect to those subjects set forth in Fed. R. Civ.
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P. 16(c). Not less than seven (7) days before the conference, counsel shall file a joint
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case management statement addressing each of the items listed in the "Standing Order
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For All Judges of the Northern District -- Contents of Joint Case Management statement,"
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which is attached to this order and can also be found on the court's website. A proposed
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order is not necessary. Following the conference, the court will enter its own Case
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Management and Pretrial Order. If any party is proceeding without counsel, separate
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statements may be filed by each party.
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Each party shall appear personally or by lead counsel prepared to address all of
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the matters referred to in this Order and with authority to enter stipulations and make
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admissions pursuant to this Order. Any request to reschedule the date of the conference
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shall be made in writing, and by stipulation if possible, at least ten (10) days before the
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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
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require identical information in Joint Case Management Statements filed pursuant to Civil
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Local Rule 16-9. The parties must include the following information in their statement
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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
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United States District Court
Northern District of California
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personal jurisdiction or venue, whether any parties remain to be served, and, if any
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parties remain to be served, a proposed deadline for service.
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2.
Facts: A brief chronology of the facts and a statement of the principal
factual issues in dispute.
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.
5.
Amendment of Pleadings: The extent to which parties, claims, or defenses
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are expected to be added or dismissed and a proposed deadline for amending the
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pleadings.
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6.
Evidence Preservation: A brief report certifying that the parties have
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reviewed the Guidelines Relating to the Discovery of Electronically Stored Information
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(“ESI Guidelines”), and confirming that the parties have met and conferred pursuant to
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Fed. R. Civ. P. 26(f) regarding reasonable and proportionate steps taken to preserve
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evidence relevant to the issues reasonably evident in this action. See ESI Guidelines
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2.01 and 2.02, and Checklist for ESI Meet and Confer.
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7.
Disclosures: Whether there has been full and timely compliance with the
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initial disclosure requirements of Fed. R. Civ. P. 26, and a description of the disclosures
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made.
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8.
Discovery: Discovery taken to date, if any, the scope of anticipated
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discovery, any proposed limitations or modifications of the discovery rules, a brief report
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on whether the parties have considered entering into a stipulated e-discovery order, a
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proposed discovery plan pursuant to Fed. R. Civ. P. 26(f), and any identified discovery
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disputes.
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9.
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United States District Court
Northern District of California
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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.
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Relief: All relief sought through complaint or counterclaim, including the
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amount of any damages sought and a description of the bases on which damages are
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calculated. In addition, any party from whom damages are sought must describe the
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bases on which it contends damages should be calculated if liability is established.
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12.
Settlement and ADR: Prospects for settlement, ADR efforts to date, and a
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specific ADR plan for the case, including compliance with ADR L.R. 3-5 and a description
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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
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consent to have a magistrate judge conduct all further proceedings including trial and
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entry of judgment. ___ Yes
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14.
___ No
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
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motion, suggestions to expedite the presentation of evidence at trial (e.g., through
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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
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parties agree, they shall instead of this Statem
ment, file an executed Agreement for
n
t
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Ex
xpedited Trial and a Jo Expedited Case M
oint
Managemen Statemen in accord
nt
nt,
dance with
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Ge
eneral Orde No. 64 At
er
ttachments B and D.
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17.
Scheduling Proposed dates for designation of experts discovery cutoff,
g:
d
n
s,
y
hearing of dis
spositive mo
otions, pretrial confere
ence and tri
ial.
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Trial: Whet
ther the cas will be tr
se
ried to a jur or to the court and the
ry
exp
pected leng of the tr
gth
rial.
19.
Disclosure of Non-par Intereste Entities or Persons Whether each party
rty
ed
s:
has filed the “Certificatio of Interes
“
on
sted Entities or Person required by Civil Lo
s
ns”
d
ocal Rule
3-1 In addition, each party must restate in th case management statement t
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p
r
he
the
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United States District Court
Northern District of California
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contents of its certificatio by identifying any p
s
on
persons, firm partner
ms,
rships, corp
porations
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(including par
rent corpora
ations) or other entitie s known by the party t have eith (i) a
o
y
to
her:
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fina
ancial inter
rest in the subject matt in contro
s
ter
oversy or in a party to the procee
n
eding; or (ii)
)
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any other kind of interest that could be substantially affec
d
d
cted by the outcome o the
of
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pro
oceeding.
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20. Such other ma
atters as may facilitate the just, s
m
e
speedy and inexpensiv
d
ve
dis
sposition of this matter
r.
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S
RED.
IT IS SO ORDER
Da
ated: July 29, 2014
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__________
__________
__________
_________
PH
HYLLIS J. H
HAMILTON
Un
nited States District Ju
s
udge
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