J & J Sports Productions, Inc. v. Luna et al

Filing 17

ORDER CONTINUING CASE MANAGEMENT CONFERENCE; SETTING COMPLIANCE HEARING. Motions terminated: DENYING as MOOT 16 MOTION to Appear by Telephone at the Case Management Conference filed by J & J Sports Productions, Inc. Initial Case Management C onference set for 3/14/2016 is CONTINUED to Monday, 3/28/2016 02:00 PM in Courtroom 1, 4th Floor, Oakland so that parties can determine whether consent to a magistrate judge of their choice for all purposes is warranted. Compliance hearing set for Friday, 3/25/2016 09:01 AM before Hon. Yvonne Gonzalez Rogers. Joint filing due 3/18/2016. Signed by Judge Yvonne Gonzalez Rogers on 3/10/16. (fs, COURT STAFF) (Filed on 3/10/2016)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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J & J SPORTS PRODUCTIONS, INC.,

Case No. 14-cv-03955-YGR

Plaintiff,
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v.
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SANTANA SALDIVAR LUNA, ET AL.,

ORDER CONTINUING CASE MANAGEMENT
CONFERENCE; SETTING COMPLIANCE
HEARING

Defendants.
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A Case Management Conference (“CMC”) in the above-captioned action is scheduled for
March 14, 2016 at 2 p.m. Pursuant to the Court’s Standing Order in Civil Cases, a joint CMC

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United States District Court
Northern District of California

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statement was due on March 7, 2016. On that date, defendants filed a separate statement

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indicating “Defendants’ counsel attempted to contact Plaintiff’s counsel to propose a joint

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statement, including sending a draft joint statement, but no reply was received.” (Dkt. No. 14 at

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1.) The next day, on March 8, 2016, plaintiff filed a CMC statement that did not address this

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failure. (Dkt. No. 15.) Plaintiff also filed a request for telephonic appearance at the CMC in light

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of counsel’s geographic location and other case conflicts. (Dkt. No. 16.)

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The Court has reviewed the parties’ joint CMC statement and the pleadings in this action

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and hereby CONTINUES the Case Management Conference to March 28, 2016 at 2 p.m. so that

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the parties can determine whether consent to a magistrate judge of their choice and for all

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purposes is warranted. The Northern District’s use of magistrate judges for all purposes has been

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hailed as the model for the United States.

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In this regard, counsel shall personally review each magistrate judge’s profile and discuss

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the option with both opposing counsel and their clients. Profiles of each magistrate judge and

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their respective locations can be found at: http://www.cand.uscourts.gov/judges. The Court

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hereby SETS a compliance hearing on March 25, 2016 at 9:01 a.m. in the Federal Courthouse,

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1301 Clay Street, Oakland, California, Courtroom 1. Counsel shall confirm compliance as

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follows: five (5) business days prior to the date of the compliance hearing, the parties shall file

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either: (1) a joint stipulation to a magistrate judge for all purposes, or (2) a joint statement

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verifying counsel have personally reviewed each magistrate judge’s profile and have discussed the

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options as directed but have been unable to reach consensus. If compliance is complete, the

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parties need not appear and the compliance hearing will be taken off calendar. Failure to file the

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required joint filing may result in sanctions. If the parties have not stipulated to a magistrate

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judge, the CMC will proceed before the undersigned as scheduled herein.

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In light of the foregoing, the request for a telephonic appearance is DENIED as moot. The
Court notes that a joint statement is due seven days in advance of each CMC pursuant to the

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Court’s Standing Order in Civil Cases. Failure by plaintiff to cooperate in timely submitting a

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joint statement may result in sanctions including dismissal for failure to prosecute. Moreover,

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plaintiff is admonished that the Court has a strong preference for in-person attendance at these

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United States District Court
Northern District of California

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conferences and “routine inconveniences of travel do not constitute good cause” to appear

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telephonically. Standing Order in Civil Cases § 6.

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This Order terminates Docket Number 16.

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IT IS SO ORDERED.

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Dated: March 10, 2016
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YVONNE GONZALEZ ROGERS
UNITED STATES DISTRICT COURT JUDGE

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