MH Pillars LTD et al v. Carol Realini et al

Filing 15

ORDER SETTING INITIAL CASE MANAGEMENT CONFERENCE. Joint Case Management Statement due by 6/25/2015. Initial Case Management Conference set for 7/2/2015 02:00 PM. Signed by Judge Phyllis J. Hamilton on 5/11/15. (napS, COURT STAFF) (Filed on 5/11/2015)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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MH PILLARS LTD, et al.,

Case No. 15-cv-01383-PJH

Plaintiffs,
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v.

ORDER SETTING CASE
MANAGEMENT CONFERENCE

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CAROL REALINI, et al.,

[Reassigned Case]

Defendants.
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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 July 2, 2015, at 2:00 p.m., in

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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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All judges of the Northern District of California require identical information in Joint Case

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Management Statements filed pursuant to Civil Local Rule 16-9. The parties must include

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the following information in their statement which, except in unusually complex cases,

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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.

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issues in dispute.

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3.

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points of law, including reference to specific statutes and decisions.

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4.

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motions.

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5.

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

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6.

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Guidelines Relating to the Discovery of Electronically Stored Information (“ESI

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Guidelines”), and confirming that the parties have met and conferred pursuant to Fed. R.

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Civ. P. 26(f) regarding reasonable and proportionate steps taken to preserve evidence

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relevant to the issues reasonably evident in this action. See ESI Guidelines 2.01 and

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2.02, and Checklist for ESI Meet and Confer.

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7.

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

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

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

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

Evidence Preservation: A brief report certifying that the parties have reviewed the

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

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8.

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

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proposed limitations or modifications of the discovery rules, a brief report on whether the

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parties have considered entering into a stipulated e-discovery order, a proposed

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discovery plan pursuant to Fed. R. Civ. P. 26(f), and any identified discovery disputes.

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9.

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certified.

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10.

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this court, or before another court or administrative body.

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11.

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

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

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

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United States District Court
Northern District of California

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addition, any party from whom damages are sought must describe the bases on which it

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contends damages should be calculated if liability is established.

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12.

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

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discovery or motions necessary to position the parties to negotiate a resolution.

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have a magistrate judge conduct all further proceedings including trial and entry of

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judgment. ___ Yes

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14.

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a special master, or the Judicial Panel on Multidistrict Litigation.

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15.

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suggestions to expedite the presentation of evidence at trial (e.g., through summaries or

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stipulated facts), and any request to bifurcate issues, claims, or defenses.

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16.

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under the Expedited Trial Procedure of General Order No. 64 Attachment A. If all parties

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agree, they shall instead of this Statement, file an executed Agreement for Expedited

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Trial and a Joint Expedited Case Management Statement, in accordance with General

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Order No. 64 Attachments B and D.

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

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

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

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

Expedited Trial Procedure: Whether this is the type of case that can be handled

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17.

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dispositive motions, pretrial conference and trial.

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length of the trial.

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filed the “Certification of Interested Entities or Persons” required by Civil Local Rule 3-16.

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In addition, each party must restate in the case management statement the contents of

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its certification by identifying any persons, firms, partnerships, corporations (including

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parent corporations) or other entities known by the party to have either: (i) a financial

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interest in the subject matter in controversy or in a party to the proceeding; or (ii) any

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United States District Court
Northern District of California

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

other kind of interest that could be substantially affected by the outcome of the

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proceeding.

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20.

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reviewed the Guidelines for Professional Conduct for the Northern District of California.

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21.

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of this matter.

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

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

Professional Conduct: Whether all attorneys of record for the parties have

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

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IT IS SO ORDERED.
Dated: May 11, 2015
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PHYLLIS J. HAMILTON
United States District Judge

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