City of San Jose et al v. Office of the Commissioner of Baseball et al

Filing 44

Order setting initial case management conference. Signed by Judge Whyte on 11/8/13. (rmwlc2, COURT STAFF) (Filed on 11/8/2013)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

NORTHERN DISTRICT OF CALIFORNIA

United States District Court
For the Northern District of California

10
SAN JOSE DIVISION
11
12

14

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

15

Plaintiffs,

13

16

ORDER SETTING INITIAL CASE
MANAGEMENT CONFERENCE

v.

17

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,

18
19
20

Defendants.

21

The court hereby sets an initial case management conference for December 13, 2013, at

22

10:30 a.m. In addition to the information required by Civil Local Rule 16-9, the parties should

23

address in their joint case management conference statement and be prepared to discuss at the

24

conference the following questions:

25

(1) Since the federal claim has been dismissed, should the court retain supplemental

26

jurisdiction of the two surviving state law claims? See 28 U.S.C. 1367(c)(3); Carnegie-Mellon

27

University v. Cohill, 484 U.S. 343, 350 (1988); Acri v. Varian Associates, 114 F.3d 999, 1001 (9th

28
ORDER SETTING CASE MANAGEMENT
CONFERENCE
Case No. C-13-02787 RMW

-1-

1

Cir.1997) (en banc); and Millar v. Bay Area Rapid Transit Dist., 236 F.Supp.2d 1110, 1119 (N.D.

2

Cal. 2002).

3

(2) If the court retains jurisdiction of the state law claims, should the court “expressly

4

determine[ ] that there is no just reason to delay” entry of final judgment on the federal claim and

5

state law claims that have been dismissed and enter final judgment on those claims pursuant to

6

Federal Rule of Civil Procedure 54(b)?

7

(3) If plaintiff were to prevail on either of its two remaining state interference claims, how

8

would damages be computed? The court is not looking for a specific figure but rather the

9

methodology that would be used to calculate damages.

United States District Court
For the Northern District of California

10
11

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.

12
13
14

Dated: November 8, 2013

_________________________________
RONALD M. WHYTE
United States District Judge

15
16
17
18
19
20
21
22
23
24
25
26
27
28
ORDER SETTING CASE MANAGEMENT
CONFERENCE
Case No. C-13-02787 RMW

-2-