HotChalk, Inc. v. Scottsdale Insurance Company

Filing 9

CASE MANAGEMENT SCHEDULING ORDER FOR REASSIGNED CIVIL CASE. Joint Case Management Statement due by 10/4/2016. Initial Case Management Conference set for 10/11/2016 02:30 PM in Courtroom 2, 4th Floor, Oakland. Signed by Judge Claudia Wilken on 7/15/16. (napS, COURT STAFF) (Filed on 7/15/2016)

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1 2 3 UNITED STATES DISTRICT COURT 4 NORTHERN DISTRICT OF CALIFORNIA 5 6 HOTCHALK, INC., 16-cv-03883-CW Plaintiff, 7 8 Case No. v. 9 SCOTTSDALE INSURANCE COMPANY, 10 CASE MANAGEMENT SCHEDULING ORDER FOR REASSIGNED CIVIL CASE Defendant. United States District Court Northern District of California 11 12 This action having been reassigned to the undersigned judge, 13 IT IS HEREBY ORDERED that a Case Management Conference will 14 be held on October 11, 2016, at 2:30 P.M. in Courtroom 2, 4th 15 Floor, 1301 Clay Street, Oakland, CA 16 L.R. 16-9(a), a joint Case Management Statement will be due seven 17 (7) days prior to the conference (see attached Standing Order for 18 All Judges of the Northern District of California). 94612. Pursuant to Civil 19 Removing Defendant is directed to serve a copy of this Order 20 at once on all parties to this action in accordance with the 21 provisions of Rule 5 of the Federal Rules of Civil Procedure. 22 Following service, the party causing the service shall file a 23 certificate of service with the Clerk of Court. 24 25 26 27 28 IT IS SO ORDERED Dated: July 15, 2016 __________________________________ CLAUDIA WILKEN United States District Judge 1 SCHEDULING NOTES AND STANDING ORDER 2 3 4 5 6 7 8 9 10 United States District Court Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 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. 24 25 26 27 28 2 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 6 identical information in Joint Case Management Statements filed 7 pursuant to Civil Local Rule 16-9. The parties must include the 8 following information in their statement which, except in 9 unusually complex cases, should not exceed ten pages: 1. 11 United States District Court Northern District of California 10 Jurisdiction and Service: The basis for the court’s subject matter jurisdiction over plaintiff's claims and defendant’s 12 counterclaims, whether any issues exist regarding personal 13 jurisdiction or venue, whether any parties remain to be served, 14 and, if any parties remain to be served, a proposed deadline for 15 service. 16 2. 17 the principal factual issues in dispute. 18 3. 19 argument, of the disputed points of law, including reference to 20 specific statutes and decisions. 21 4. 22 status, and any anticipated motions. 23 5. 24 or defenses are expected to be added or dismissed and a proposed 25 deadline for amending the pleadings. 26 6. 27 parties have reviewed the Guidelines Relating to the Discovery of 28 Electronically Stored Information (“ESI Guidelines”), and 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 3 1 confirming that the parties have met and conferred pursuant to 2 Fed. R. Civ. P. 26(f) regarding reasonable and proportionate 3 steps taken to preserve evidence relevant to the issues 4 reasonably evident in this action. See ESI Guidelines 2.01 and 5 2.02, and Checklist for ESI Meet and Confer. 6 7. 7 compliance with the initial disclosure requirements of Fed. R. 8 Civ. P. 26, and a description of the disclosures made. 9 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 11 United States District Court Northern District of California 10 of the discovery rules, a brief report on whether the parties 12 have considered entering into a stipulated e-discovery order, 13 proposed discovery plan pursuant to Fed. R. Civ. P. 26(f), and 14 any identified discovery disputes. 15 9. 16 when the class will be certified. 17 10. 18 before another judge of this court, or before another court or 19 administrative body. 20 11. 21 including the amount of any damages sought and a description of 22 the bases on which damages are calculated. In addition, any party 23 from whom damages are sought must describe the bases on which it 24 contends damages should be calculated if liability is 25 established. 26 12. 27 date, and a specific ADR plan for the case, including compliance 28 with ADR L.R. 3-5 and a description of key discovery or motions a 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 4 1 necessary to position the parties to negotiate a resolution. 2 13. 3 parties will consent to have a magistrate judge conduct all 4 further proceedings including trial and entry of judgment. 5 Yes 6 14. 7 to binding arbitration, a special master, or the Judicial Panel 8 on Multidistrict Litigation. 9 15. Consent to Magistrate Judge For All Purposes: Whether all ___ ___ No 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 11 United States District Court Northern District of California 10 of evidence at trial (e.g., through summaries or stipulated 12 facts), and any request to bifurcate issues, claims, or defenses. 13 16. 14 that can be handled under the Expedited Trial Procedure of 15 General Order No. 64 Attachment A. If all parties agree, they 16 shall instead of this Statement, file an executed Agreement for 17 Expedited Trial and a Joint Expedited Case Management Statement, 18 in accordance with General Order No. 64 Attachments B and D. 19 17. 20 discovery cutoff, hearing of dispositive motions, pretrial 21 conference and trial. 22 18. 23 court and the expected length of the trial. 24 19. 25 Whether each party has filed the “Certification of Interested 26 Entities or Persons” required by Civil Local Rule 3-16. In 27 addition, each party must restate in the case management 28 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: 5 1 persons, firms, partnerships, corporations (including parent 2 corporations) or other entities known by the party to have 3 either: (i) a financial interest in the subject matter in 4 controversy or in a party to the proceeding; or (ii) any other 5 kind of interest that could be substantially affected by the 6 outcome of the proceeding. 7 20. 8 the parties have reviewed the Guidelines for Professional Conduct 9 for the Northern District of California. Professional Conduct: Whether all attorneys of record for 21. 11 United States District Court Northern District of California 10 Such other matters as may facilitate the just, speedy and inexpensive disposition of this matter. 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 6

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