Merrill Lynch, Pierce, Fenner & Smith Incorporated v. Altemus

Filing 11

***Please disregard, entered in error. See docket no. 12 for corrected entry *** ORDER SETTING CASE MANAGEMENT CONFERENCE. Joint Case Management Statement due by 4/7/2016. Initial Case Management Conference set for 4/14/2016 02:00 PM in Courtroom 3, 3rd Floor, Oakland. Signed by Judge Phyllis J. Hamilton on 12/21/15. (jebS, COURT STAFF) (Filed on 12/21/2015) Modified on 12/21/2015 (jebS, COURT STAFF).

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1 UNITED STATES DISTRICT COURT 2 NORTHERN DISTRICT OF CALIFORNIA 3 4 MERRILL LYNCH, PIERCE, FENNER & SMITH INCORPORATED, Plaintiff, 5 6 7 8 9 Case No. 15-cv-05318-PJH ORDER SETTING CASE MANAGEMENT CONFERENCE v. ROBERT J. ALTEMUS, [Reassigned Case] Defendant. 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 April 16, 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 dis spositive mo otions, pret trial confere ence and triial. 3 18. 4 len ngth of the trial. t 5 19. 6 file the “Cert ed tification of Interested Entities or Persons” re equired by Civil Local Rule 3-16. 7 In addition, ea party must restate in the case managem ach m e e ment statem ment the co ontents of 8 n ying any pe ersons, firm partners ms, ships, corpo orations (inc cluding its certification by identify 9 rations) or other entitie known by the party to have either: (i) a fin o es y nancial parent corpor 10 erest in the subject ma e atter in controversy or in a party t the proce r to eeding; or ( any (ii) inte 11 United States District Court Northern District of California 1 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 12 pro oceeding. 13 20. 14 rev viewed the Guidelines for Profess sional Cond duct for the Northern D e District of C California. 15 21. 16 of this matter. . 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 17 18 S RED. IT IS SO ORDER 19 ated: December 21, 20 015 Da 20 21 __ __________ __________ __________ _________ PH HYLLIS J. H HAMILTON Un nited States District Ju s udge 22 23 24 25 26 27 28 4

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