Contreras v. Performance Food Group, Inc. et al

Filing 14

ORDER SETTING CASE MANAGEMENT CONFERENCE. Joint Case Management Statement due by 11/6/2014. Initial Case Management Conference set for 11/13/2014 02:00 PM. Signed by Judge Phyllis J. Hamilton on 8/25/14. (nahS, COURT STAFF) (Filed on 8/25/2014)

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1 UNITED STATES DISTRICT COURT 2 NORTHERN DISTRICT OF CALIFORNIA 3 4 JIMMY ANDREW CONTRERAS, Case No. 14-cv-03380-PJH Plaintiff, 5 v. ORDER SETTING CASE MANAGEMENT CONFERENCE 6 7 PERFORMANCE FOOD GROUP, INC., et al., 8 Defendants. 9 [Reassigned Case] TO ALL PARTIES AND COUNSEL OF RECORD: The above matter having been reassigned to the Honorable Phyllis J. Hamilton. It is 11 United States District Court Northern District of California 10 hereby ordered, pursuant to Fed. R. Civ. P. 16(b) and Civil L. R. 16-10, that a Case 12 Management Conference shall be held in this case on November 13, 2014, at 2:00 p.m., 13 in Courtroom 3, 3rd Floor, Federal Building, 1301 Clay Street, Oakland, California. 14 Lead counsel shall meet and confer as required by Fed. R. Civ. P. 26(f) prior to 15 the Case Management Conference with respect to those subjects set forth in Fed. R. Civ. 16 P. 16(c). Not less than seven (7) days before the conference, counsel shall file a joint 17 case management statement addressing each of the items listed in the "Standing Order 18 For All Judges of the Northern District -- Contents of Joint Case Management statement," 19 which is attached to this order and can also be found on the court's website. A proposed 20 order is not necessary. Following the conference, the court will enter its own Case 21 Management and Pretrial Order. If any party is proceeding without counsel, separate 22 statements may be filed by each party. 23 Each party shall appear personally or by lead counsel prepared to address all of 24 the matters referred to in this Order and with authority to enter stipulations and make 25 admissions pursuant to this Order. Any request to reschedule the date of the conference 26 shall be made in writing, and by stipulation if possible, at least ten (10) days before the 27 date of the conference and must be based upon good cause. 28 1 STANDING ORDER FOR ALL JUDGES 2 OF THE NORTHERN DISTRICT OF CALIFORNIA 3 4 CONTENTS OF JOINT CASE MANAGEMENT STATEMENT 5 Commencing July 1, 2011, all judges of the Northern District of California will 6 require identical information in Joint Case Management Statements filed pursuant to Civil 7 Local Rule 16-9. The parties must include the following information in their statement 8 which, except in unusually complex cases, should not exceed ten pages: 9 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 11 United States District Court Northern District of California 10 personal jurisdiction or venue, whether any parties remain to be served, and, if any 12 parties remain to be served, a proposed deadline for service. 13 14 15 16 17 18 19 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 20 are expected to be added or dismissed and a proposed deadline for amending the 21 pleadings. 22 6. Evidence Preservation: A brief report certifying that the parties have 23 reviewed the Guidelines Relating to the Discovery of Electronically Stored Information 24 (“ESI Guidelines”), and confirming that the parties have met and conferred pursuant to 25 Fed. R. Civ. P. 26(f) regarding reasonable and proportionate steps taken to preserve 26 evidence relevant to the issues reasonably evident in this action. See ESI Guidelines 27 2.01 and 2.02, and Checklist for ESI Meet and Confer. 28 7. Disclosures: Whether there has been full and timely compliance with the 2 1 initial disclosure requirements of Fed. R. Civ. P. 26, and a description of the disclosures 2 made. 3 8. Discovery: Discovery taken to date, if any, the scope of anticipated 4 discovery, any proposed limitations or modifications of the discovery rules, a brief report 5 on whether the parties have considered entering into a stipulated e-discovery order, a 6 proposed discovery plan pursuant to Fed. R. Civ. P. 26(f), and any identified discovery 7 disputes. 8 9. 9 10 United States District Court Northern District of California 11 12 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 13 amount of any damages sought and a description of the bases on which damages are 14 calculated. In addition, any party from whom damages are sought must describe the 15 bases on which it contends damages should be calculated if liability is established. 16 12. Settlement and ADR: Prospects for settlement, ADR efforts to date, and a 17 specific ADR plan for the case, including compliance with ADR L.R. 3-5 and a description 18 of key discovery or motions necessary to position the parties to negotiate a resolution. 19 13. Consent to Magistrate Judge For All Purposes: Whether all parties will 20 consent to have a magistrate judge conduct all further proceedings including trial and 21 entry of judgment. ___ Yes 22 23 24 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 25 motion, suggestions to expedite the presentation of evidence at trial (e.g., through 26 summaries or stipulated facts), and any request to bifurcate issues, claims, or defenses. 27 28 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 3 1 parties agree, they shall instead of this Statem ment, file an executed Agreement for n t 2 Ex xpedited Trial and a Jo Expedited Case M oint Managemen Statemen in accord nt nt, dance with 3 Ge eneral Orde No. 64 At er ttachments B and D. 4 5 6 7 8 9 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. 18. 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 16. p r he the 11 United States District Court Northern District of California 10 contents of its certificatio by identifying any p s on persons, firm partner ms, rships, corp porations 12 (including par rent corpora ations) or other entitie s known by the party t have eith (i) a o y to her: 13 fina ancial inter rest in the subject matt in contro s ter oversy or in a party to the procee n eding; or (ii) ) 14 any other kind of interest that could be substantially affec d d cted by the outcome o the of 15 pro oceeding. 16 17 20. Such other ma atters as may facilitate the just, s m e speedy and inexpensiv d ve dis sposition of this matter r. 18 19 20 21 22 S RED. IT IS SO ORDER Da ated: Augus 25, 2014 st 4 __ __________ __________ __________ _________ PH HYLLIS J. H HAMILTON Un nited States District Ju s udge 23 24 25 26 27 28 4

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