STMicroelectronics, Inc. v. Lopez

Filing 18

ORDER SETTING CASE MANAGEMENT CONFERENCE re 17 Order Reassigning Case. Joint Case Management Statement due by 12/31/2015. Case Management Conference set for 1/7/2016 02:00 PM in Courtroom 3, 3rd Floor, Oakland. Signed by Judge Phyllis J. Hamilton on 11/6/15. (jebS, COURT STAFF) (Filed on 11/6/2015)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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STMICROELECTRONICS, INC.,

Case No. 15-cv-03919-PJH

Plaintiff,
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v.

ORDER SETTING CASE
MANAGEMENT CONFERENCE

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MANUEL LOPEZ,

[Reassigned Case]

Defendant.
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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 January 7, 2016, 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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13.

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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

___ No

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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dis
spositive mo
otions, pret
trial confere
ence and triial.

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18.

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len
ngth of the trial.
t

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19.

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file the “Cert
ed
tification of Interested Entities or Persons” re
equired by Civil Local Rule 3-16.

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In addition, ea party must restate in the case managem
ach
m
e
e
ment statem
ment the co
ontents of

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n
ying any pe
ersons, firm partners
ms,
ships, corpo
orations (inc
cluding
its certification by identify

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rations) or other entitie known by the party to have either: (i) a fin
o
es
y
nancial
parent corpor

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erest in the subject ma
e
atter in controversy or in a party t the proce
r
to
eeding; or ( any
(ii)
inte

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United States District Court
Northern District of California

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Schedu
uling: Propo
osed dates for designation of exp
s
perts, disco
overy cutoff hearing of
f,

oth kind of interest tha could be substantiallly affected by the outc
her
i
at
s
come of the
e

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pro
oceeding.

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20.

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rev
viewed the Guidelines for Profess
sional Cond
duct for the Northern D
e
District of C
California.

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21.

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of this matter.
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Trial: Whether the case will be tried to a jury or to the court a the expe
W
e
b
and
ected

ties or Pers
Disclos
sure of Non
n-party Interested Entit
sons: Whet
ther each party has

Professional Cond
duct: Whether all attor
rneys of rec
cord for the parties ha
e
ave

Such other matters as may facilitate the just, spee and ine
o
f
e
edy
expensive disposition

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S
RED.
IT IS SO ORDER
ated: November 6, 2015
Da
__
__________
__________
__________
_________
PH
HYLLIS J. H
HAMILTON
Un
nited States District Ju
s
udge

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