Bender v. Unum Group et al

Filing 16

ORDER SETTING CASE MANAGEMENT CONFERENCE. Joint Case Management Statement due by 10/20/2016. Initial Case Management Conference set for 10/27/2016 02:00 PM in Courtroom 3, 3rd Floor, Oakland. Signed by Judge Phyllis J. Hamilton on 7/22/16. (napS, COURT STAFF) (Filed on 7/22/2016)

1

UNITED STATES DISTRICT COURT

2

NORTHERN DISTRICT OF CALIFORNIA

3
4

ELLEN BENDER,

Case No. 16-cv-03990-PJH

Plaintiff,
5
v.

ORDER SETTING CASE
MANAGEMENT CONFERENCE

6
7

UNUM GROUP, et al.,

[Reassigned Case]

Defendants.
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 October 27, 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: July 22, 2016
____________________________________
PHYLLIS J. HAMILTON
United States District Judge

22
23
24
25
26
27
28
4