City of San Jose et al v. Office of the Commissioner of Baseball et al
Filing
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Order setting initial case management conference. Signed by Judge Whyte on 11/8/13. (rmwlc2, COURT STAFF) (Filed on 11/8/2013)
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
United States District Court
For the Northern District of California
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SAN JOSE DIVISION
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CITY OF SAN JOSÉ; CITY OF SAN JOSÉ
AS SUCCESSOR AGENCY TO THE
REDEVLOPMENT AGENCY OF THE CITY
OF SAN JOSÉ; and THE SAN JOSÉ
DIRIDON DEVELOPMENT AUTHORITY
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Plaintiffs,
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ORDER SETTING INITIAL CASE
MANAGEMENT CONFERENCE
v.
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Case No. C-13-02787 RMW
OFFICE OF THE COMMISSIONER OF
BASEBALL, an unincorporated association
doing business as Major League Baseball; and
ALLAN HUBER “BUD” SELIG,
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Defendants.
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The court hereby sets an initial case management conference for December 13, 2013, at
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10:30 a.m. In addition to the information required by Civil Local Rule 16-9, the parties should
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address in their joint case management conference statement and be prepared to discuss at the
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conference the following questions:
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(1) Since the federal claim has been dismissed, should the court retain supplemental
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jurisdiction of the two surviving state law claims? See 28 U.S.C. 1367(c)(3); Carnegie-Mellon
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University v. Cohill, 484 U.S. 343, 350 (1988); Acri v. Varian Associates, 114 F.3d 999, 1001 (9th
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ORDER SETTING CASE MANAGEMENT
CONFERENCE
Case No. C-13-02787 RMW
-1-
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Cir.1997) (en banc); and Millar v. Bay Area Rapid Transit Dist., 236 F.Supp.2d 1110, 1119 (N.D.
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Cal. 2002).
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(2) If the court retains jurisdiction of the state law claims, should the court “expressly
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determine[ ] that there is no just reason to delay” entry of final judgment on the federal claim and
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state law claims that have been dismissed and enter final judgment on those claims pursuant to
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Federal Rule of Civil Procedure 54(b)?
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(3) If plaintiff were to prevail on either of its two remaining state interference claims, how
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would damages be computed? The court is not looking for a specific figure but rather the
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methodology that would be used to calculate damages.
United States District Court
For the Northern District of California
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The parties should also include in their joint case management conference statement an
agreed upon discovery plan or their respective proposals if they cannot agree.
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Dated: November 8, 2013
_________________________________
RONALD M. WHYTE
United States District Judge
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ORDER SETTING CASE MANAGEMENT
CONFERENCE
Case No. C-13-02787 RMW
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