Rodrigues v. Bank of America, NA et al
Filing
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CASE MANAGEMENT SCHEDULING ORDER FOR REASSIGNED CIVIL CASE. Joint Case Management Statement due by 6/21/2016. Initial Case Management Conference set for 6/28/2016 02:30 PM. Signed by Judge Claudia Wilken on 4/22/16. (napS, COURT STAFF) (Filed on 4/22/2016)
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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MICHAEL L. RODRIGUES,
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United States District Court
Northern District of California
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16-cv-01390-CW
Plaintiff,
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Case No.
v.
BANK OF AMERICA, NA, et al.,
CASE MANAGEMENT SCHEDULING
ORDER FOR REASSIGNED CIVIL
CASE
Defendants.
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This action having been reassigned to the undersigned judge,
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IT IS HEREBY ORDERED that a Case Management Conference will
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be held on June 28, 2016, at 2:30 P.M. in Courtroom 2, 4th Floor,
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1301 Clay Street, Oakland, CA
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9(a), a joint Case Management Statement will be due seven (7)
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days prior to the conference (see attached Standing Order for All
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Judges of the Northern District of California).
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Pursuant to Civil L.R. 16-
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Plaintiff is directed to serve a copy of this Order at once
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on all parties to this action in accordance with the provisions
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of Rule 5 of the Federal Rules of Civil Procedure.
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service, the party causing the service shall file a certificate
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of service with the Clerk of Court.
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IT IS SO ORDERED
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Following
Dated: April 22, 2016
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__________________________________
CLAUDIA WILKEN
United States District Judge
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SCHEDULING NOTES AND STANDING ORDER
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United States District Court
Northern District of California
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Criminal Law and Motion calendar is conducted on Tuesdays at 2:00
p.m.
Case Management Conferences and Pretrial Conferences are
conducted on Tuesdays at 2:30 p.m.
Civil Motion calendar is
conducted on Tuesdays at 2:30 p.m.
Order of call is determined
by the Court. Parties need not reserve a hearing date for civil
motions; however, parties must check the legal newspapers or the
Court’s website at www.cand.uscourts.gov for unavailable dates.
Discovery disputes will be referred to a Magistrate Judge. After
the parties have met and conferred, the parties shall prepare a
joint letter of not more than 8 pages explaining the dispute. Up
to 12 pages of attachments may be added. The joint letter must
be electronically filed under the Civil Events category of
"Motions and Related Filings >Motions-- General > Discovery
Letter Brief."
The Magistrate Judge to whom the matter is
assigned will advise the parties of how that Judge intends to
proceed.
The Magistrate Judge may issue a ruling, order more
formal briefing, or set a telephone conference or a hearing.
After a Magistrate Judge has been assigned, all further discovery
matters shall be filed pursuant to that Judge's procedures.
Motions for Summary Judgment: Absent permission from the Court,
all case-dispositive motions in a case will be briefed and heard
together, on the case-dispositive motion hearing cut-off date, or
on an earlier available date agreed to by the parties. Multiple
parties should file joint briefs if possible. If Plaintiffs wish
to file a motion for summary judgment, they shall do so 6 weeks
before the cut-off date.
If Defendants wish to file a crossmotion as well as an opposition to the motion, any cross-motion
shall be contained within the opposition to the motion, which may
contain up to 25 pages in total, and shall be filed 14 days after
the filing of the motion. The reply to the motion shall include
the opposition to any cross-motion, may contain up to 15 pages in
total, and shall be filed 7 days after the filing of the
opposition.
A reply to any cross-motion may contain up to 15
pages, and shall be filed 7 days after the filing of the
opposition.
If Plaintiffs do not file a motion for summary
judgment, Defendants may file one 5 weeks before the casedispositive motion hearing cut-off date and the schedule in Local
Rule 7-3 shall apply. Courtesy copies of multi-page exhibits for
chambers should be clearly marked with tabbed dividers.
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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
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identical information in Joint Case Management Statements filed
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pursuant to Civil Local Rule 16-9. The parties must include the
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following information in their statement which, except in
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unusually complex cases, should not exceed ten pages:
1.
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United States District Court
Northern District of California
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matter jurisdiction over plaintiff's claims and defendant’s
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counterclaims, whether any issues exist regarding personal
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jurisdiction or venue, whether any parties remain to be served,
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and, if any parties remain to be served, a proposed deadline for
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service.
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2.
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the principal factual issues in dispute.
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3.
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argument, of the disputed points of law, including reference to
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specific statutes and decisions.
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4.
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status, and any anticipated motions.
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5.
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or defenses are expected to be added or dismissed and a proposed
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deadline for amending the pleadings.
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6.
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parties have reviewed the Guidelines Relating to the Discovery of
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Electronically Stored Information (“ESI Guidelines”), and
Jurisdiction and Service: The basis for the court’s subject
Facts: A brief chronology of the facts and a statement of
Legal Issues: A brief statement, without extended legal
Motions: All prior and pending motions, their current
Amendment of Pleadings: The extent to which parties, claims,
Evidence Preservation: A brief report certifying that the
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confirming that the parties have met and conferred pursuant to
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Fed. R. Civ. P. 26(f) regarding reasonable and proportionate
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steps taken to preserve evidence relevant to the issues
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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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compliance with the initial disclosure requirements of Fed. R.
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Civ. P. 26, and a description of the disclosures made.
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8.
Disclosures: Whether there has been full and timely
Discovery: Discovery taken to date, if any, the scope of
anticipated discovery, any proposed limitations or modifications
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United States District Court
Northern District of California
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of the discovery rules, a brief report on whether the parties
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have considered entering into a stipulated e-discovery order,
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proposed discovery plan pursuant to Fed. R. Civ. P. 26(f), and
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any identified discovery disputes.
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9.
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when the class will be certified.
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10.
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before another judge of this court, or before another court or
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administrative body.
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including the amount of any damages sought and a description of
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the bases on which damages are calculated. In addition, any party
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from whom damages are sought must describe the bases on which it
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contends damages should be calculated if liability is
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established.
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12.
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date, and a specific ADR plan for the case, including compliance
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with ADR L.R. 3-5 and a description of key discovery or motions
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Class Actions: If a class action, a proposal for how and
Related Cases: Any related cases or proceedings pending
Relief: All relief sought through complaint or counterclaim,
Settlement and ADR: Prospects for settlement, ADR efforts to
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necessary to position the parties to negotiate a resolution.
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13.
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parties will consent to have a magistrate judge conduct all
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further proceedings including trial and entry of judgment.
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Yes
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14.
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to binding arbitration, a special master, or the Judicial Panel
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on Multidistrict Litigation.
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15.
Consent to Magistrate Judge For All Purposes: Whether all
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Other References: Whether the case is suitable for reference
Narrowing of Issues: Issues that can be narrowed by
agreement or by motion, suggestions to expedite the presentation
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United States District Court
Northern District of California
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of evidence at trial (e.g., through summaries or stipulated
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facts), and any request to bifurcate issues, claims, or defenses.
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16.
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that can be handled under the Expedited Trial Procedure of
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General Order No. 64 Attachment A. If all parties agree, they
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shall instead of this Statement, file an executed Agreement for
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Expedited Trial and a Joint Expedited Case Management Statement,
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in accordance with General Order No. 64 Attachments B and D.
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17.
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discovery cutoff, hearing of dispositive motions, pretrial
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conference and trial.
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18.
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court and the expected length of the trial.
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19.
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Whether each party has filed the “Certification of Interested
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Entities or Persons” required by Civil Local Rule 3-16. In
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addition, each party must restate in the case management
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statement the contents of its certification by identifying any
Expedited Trial Procedure: Whether this is the type of case
Scheduling: Proposed dates for designation of experts,
Trial: Whether the case will be tried to a jury or to the
Disclosure of Non-party Interested Entities or Persons:
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persons, firms, partnerships, corporations (including parent
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corporations) or other entities known by the party to have
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either: (i) a financial interest in the subject matter in
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controversy or in a party to the proceeding; or (ii) any other
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kind of interest that could be substantially affected by the
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outcome of the proceeding.
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20.
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the parties have reviewed the Guidelines for Professional Conduct
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for the Northern District of California.
Professional Conduct: Whether all attorneys of record for
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United States District Court
Northern District of California
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inexpensive disposition of this matter.
Such other matters as may facilitate the just, speedy and
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