Spitters v. Unknown

Filing 28

ORDER SETTING CASE MANAGEMENT CONFERENCE. Case Management Statement due by 6/23/2016. Initial Case Management Conference set for 6/30/2016 02:00 PM in Courtroom 3, 3rd Floor, Oakland. Signed by Judge Phyllis J. Hamilton on 3/21/16. (CERTIFICATE OF SERVICE ATTACHED)(napS, COURT STAFF) (Filed on 3/21/2016)

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1 UNITED STATES DISTRICT COURT 2 NORTHERN DISTRICT OF CALIFORNIA 3 4 THOMAS H. SPITTERS, Case No. 15-cv-04902-PJH Plaintiff, 5 v. ORDER SETTING CASE MANAGEMENT CONFERENCE 6 7 UNKNOWN, [Reassigned Case] Defendant. 8 9 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 June 30, 2016, at 2:00 p.m., in 13 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 CONTENTS OF JOINT CASE MANAGEMENT STATEMENT 4 5 All judges of the Northern District of California require identical information in Joint Case 6 Management Statements filed pursuant to Civil Local Rule 16-9. The parties must include 7 the following information in their statement which, except in unusually complex cases, 8 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 2. 14 issues in dispute. 15 3. 16 points of law, including reference to specific statutes and decisions. 17 4. 18 motions. 19 5. 20 expected to be added or dismissed and a proposed deadline for amending the pleadings. 21 6. 22 Guidelines Relating to the Discovery of Electronically Stored Information (“ESI 23 Guidelines”), and confirming that the parties have met and conferred pursuant to Fed. R. 24 Civ. P. 26(f) regarding reasonable and proportionate steps taken to preserve evidence 25 relevant to the issues reasonably evident in this action. See ESI Guidelines 2.01 and 26 2.02, and Checklist for ESI Meet and Confer. 27 7. 28 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 2 1 8. Discovery: Discovery taken to date, if any, the scope of anticipated discovery, any 2 proposed limitations or modifications of the discovery rules, a brief report on whether the 3 parties have considered entering into a stipulated e-discovery order, a proposed 4 discovery plan pursuant to Fed. R. Civ. P. 26(f), and any identified discovery disputes. 5 9. 6 certified. 7 10. 8 this court, or before another court or administrative body. 9 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 11 United States District Court Northern District of California 10 addition, any party from whom damages are sought must describe the bases on which it 12 contends damages should be calculated if liability is established. 13 12. 14 ADR plan for the case, including compliance with ADR L.R. 3-5 and a description of key 15 discovery or motions necessary to position the parties to negotiate a resolution. 16 13. 17 have a magistrate judge conduct all further proceedings including trial and entry of 18 judgment. ___ Yes 19 14. 20 a special master, or the Judicial Panel on Multidistrict Litigation. 21 15. 22 suggestions to expedite the presentation of evidence at trial (e.g., through summaries or 23 stipulated facts), and any request to bifurcate issues, claims, or defenses. 24 16. 25 under the Expedited Trial Procedure of General Order No. 64 Attachment A. If all parties 26 agree, they shall instead of this Statement, file an executed Agreement for Expedited 27 Trial and a Joint Expedited Case Management Statement, in accordance with General 28 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 3 17. 2 dispositive motions, pretrial conference and trial. 3 18. 4 length of the trial. 5 19. 6 filed the “Certification of Interested Entities or Persons” required by Civil Local Rule 3-16. 7 In addition, each party must restate in the case management statement the contents of 8 its certification by identifying any persons, firms, partnerships, corporations (including 9 parent corporations) or other entities known by the party to have either: (i) a financial 10 interest in the subject matter in controversy or in a party to the proceeding; or (ii) any 11 United States District Court Northern District of California 1 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 12 proceeding. 13 20. 14 reviewed the Guidelines for Professional Conduct for the Northern District of California. 15 21. 16 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 17 18 19 20 21 IT IS SO ORDERED. Dated: March 21, 2016 ____________________________________ PHYLLIS J. HAMILTON United States District Judge 22 23 24 25 26 27 28 4 1 2 UNITED STATES DISTRICT COURT 3 NORTHERN DISTRICT OF CALIFORNIA 4 5 THOMAS H. SPITTERS, Case No. 15-cv-04902-PJH Plaintiff, 6 v. CERTIFICATE OF SERVICE 7 8 UNKNOWN, Defendant. 9 10 United States District Court Northern District of California 11 I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S. District Court, Northern District of California. 12 13 14 15 16 That on March 21, 2016, I SERVED a true and correct copy(ies) of the attached, by placing said copy(ies) in a postage paid envelope addressed to the person(s) hereinafter listed, by depositing said envelope in the U.S. Mail, or by placing said copy(ies) into an inter-office delivery receptacle located in the Clerk's office. 17 18 19 Thomas H. Spitters 3561 Homestead Road, Box 453 Santa Clara, CA 95051 20 21 Dated: March 21, 2016 22 23 Susan Y. Soong Clerk, United States District Court 24 25 26 By:________________________ Nichole Peric, Deputy Clerk to the Honorable PHYLLIS J. HAMILTON 27 28 5

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