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)

Download PDF
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-

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?