W. Knight Foster Partnership v. Saratoga Data Systems, Inc.
Filing
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ORDER SETTING CASE MANAGEMENT CONFERENCE. Joint Case Management Statement due by 8/4/2016. Initial Case Management Conference set for 8/11/2016 02:00 PM in Courtroom 3, 3rd Floor, Oakland. Signed by Judge Phyllis J. Hamilton on 5/27/16. (napS, COURT STAFF) (Filed on 5/27/2016)
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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W. KNIGHT FOSTER PARTNERSHIP,
Case No. 16-cv-02406-PJH
Plaintiff,
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v.
ORDER SETTING CASE
MANAGEMENT CONFERENCE
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SARATOGA DATA SYSTEMS, INC.,
[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 August 11, 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
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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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18.
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length of the trial.
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19.
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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 27, 2016
____________________________________
PHYLLIS J. HAMILTON
United States District Judge
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