Hangingout, Inc. v. Google, Inc.

Filing 51

ORDER Setting Rule 26 Compliance, and Notice of Telephonic Case Management for for 8/8/2014 at 11:00AM before Magistrate Judge Nita L. Stormes. Signed by Magistrate Judge Nita L. Stormes on 6/26/14.(cge)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 12 13 14 HANGINOUT, INC., a Delaware corporation, Plaintiff, v. GOOGLE, INC., a Delaware corporation, Defendants. 15 ) ) ) ) ) ) ) ) ) ) Civil No. 13cv2811 AJB (NLS) ORDER SETTING RULE 26 COMPLIANCE, AND NOTICE OF TELEPHONIC CASE MANAGEMENT CONFERENCE 16 17 18 On February 27, 2014 and June 6, 2014, the court convened two pre-answer 19 settlement conferences in this action. The case did not settle. Defendant filed an answer 20 on June 25, 2014. For good cause shown, the court now ORDERS: 21 1. Counsel are ordered to appear telephonically on August 8, 2014 at 11:00 22 a.m. before Magistrate Judge Stormes for a Case Management Conference pursuant to 23 Federal Rule of Civil Procedure 16(b). Plaintiff’s counsel shall initiate the telephonic 24 conference. 25 2. The Rule 26(f) conference shall be completed on or before July 18, 2014. 26 3. A Joint Discovery Plan shall be lodged with Magistrate Judge Stormes on or 27 before July 29, 2014. The Joint Discovery Plan shall address all points in the attached 28 Model Rule 26(f) Report and Joint Case Management Statement. (The date and time for 1 13cv2811 AJB (NLS) 1 2 3 the CMC should be included in the caption of the Joint Discovery Plan.) 4. The date of initial disclosure pursuant to Rule 26(a)(1)(A-D) shall occur on or before August 1, 2014. 4 Plaintiff’s(s’) counsel shall serve a copy of this order on all parties that enter the 5 case from this point forward. Each responsible attorney of record and all parties repre- 6 senting themselves shall participate in the conference. Represented parties need not 7 participate. 8 Failure of any counsel or party to comply with this order will result in sanctions. 9 IT IS SO ORDERED. 10 DATED: June 26, 2014 11 12 13 Hon. Nita L. Stormes U.S. Magistrate Judge United States District Court 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 13cv2811 AJB (NLS) 1 2 3 4 5 6 7 8 9 10 UNITED STATES DISTRICT COURT 11 SOUTHERN DISTRICT OF CALIFORNIA 12 IN RE: CASE MANAGEMENT 13 14 15 16 17 18 19 20 21 MODEL RULE 26(f) REPORT AND JOINT CASE MANAGEMENT STATEMENT The parties shall include the following information in their Rule 26(f) report and joint case management statement, which shall be filed no later than seven (7) days before the Civil Local Rule 16.1 case management conference.1 Except in unusually complex cases the statement should not exceed ten (10) pages. 1. 22 Jurisdiction and Service: The basis for the court's subject matter jurisdiction over the plaintiff's claims and counterclaims, whether any issues 23 exist regarding personal jurisdiction or venue, whether any parties remain to 24 be served, and, if any parties remain to be served, a proposed deadline for 25 26 ) ) ) ) ) ) ) ) service. 2. Facts: A brief chronology of the facts and a statement of the principal 27 28 1 Taken largely from the Standing Order for All Judges of the Northern District of California effective July 1, 2011 (Last Revised November 27, 2012). 3 factual issues in dispute. 1 2 3. disputed points of law, including reference to specific statutes and decisions. 3 4 4. Motions: All prior and pending motions, their current status, and any anticipated motions. 5 6 Legal Issues: A brief statement, without extended legal argument, of the 5. Amendment of Pleadings: The extent to which parties, claims, or defenses 7 are expected to be added or dismissed and a proposed deadline for amending 8 the pleadings. 9 6. Evidence Preservation: A brief report certifying that the parties have met 10 and conferred pursuant to Fed.R.Civ.P. 26(f) regarding reasonable and 11 proportionate steps taken to preserve evidence relevant to the issues 12 reasonably evident in this action. 13 7. Disclosures: Whether there has been full and timely compliance with the 14 initial disclosure requirements of Fed.R.Civ.P. 26, and a description of the 15 disclosures made. 16 8. Discovery: Discovery taken to date, if any, the scope of anticipated 17 discovery, any proposed limitations or modifications of the discovery rules, 18 a brief report on whether the parties have agreed to a proposed Electronic 19 Discovery Order, a proposed Protective Order to govern the exchange of 20 confidential information, a proposed discovery plan pursuant to Rule 26(f), 21 and any identified discovery disputes. 22 9. be certified. 23 24 10. Related Cases: Any related cases or proceedings pending before another judge of this court, or before another court or administrative body. 25 26 Class Actions: If a class action, a proposal for how and when the class will 11. Relief: All relief sought through complaint or counterclaim, including the 27 amount of any damages sought and a description of the bases on which 28 damages are calculated. In addition, any party from whom damages are 4 1 sought must describe the bases on which it contends damages should be 2 calculated if liability is established. 3 12. Settlement and Mediation: Prospects for settlement, settlement efforts to 4 date, and whether the parties have been to or are planning to go to private 5 mediation. 6 13. Consent to Magistrate Judge for All Purposes: Whether all parties will 7 consent to have a magistrate judge conduct all further proceedings including 8 trial and entry of judgment. 9 ____yes ____ no 10 14. arbitration, a special master, or the Judicial Panel on Multidistrict Litigation. 11 12 Other References: Whether the case is suitable for reference to binding 15. Narrowing of Issues: Issues that can be narrowed by agreement or by 13 motion, suggestions to expedite the presentation of evidence at trial (e.g. 14 through summaries or stipulated facts), and any request to bifurcate issues, 15 claims, or defenses. 16 16. Scheduling: Proposed dates for fact discovery cutoff, expert designations 17 and exchange of expert reports, expert discovery cutoff, dispositive motions 18 cutoff (including Daubert motions), Markman hearing (in patent cases), 19 pretrial conference and trial. 20 17. expected length of trial. 21 22 Trial: Whether the case will be tried to a jury or to the court and the 18. Disclosure of Non-party Interested Entities or Persons: Whether each 23 party has filed the "Certification of Interested Entities or Persons" required 24 by Civil Local Rule 40.2. In addition, each party must restate in the case 25 management statement the contents of its certification by identifying any 26 persons, firms, partnerships, corporations (including parent corporations) or 27 other entities known by the party to have either : (I) a financial interest in the 28 subject matter in controversy or in a party to the proceeding; or (ii) any other 5 1 kind of interest that could be substantially affected by the outcome of the 2 proceeding. 3 19. disposition of this matter. 4 5 Such other matters as may facilitate the just, speedy and inexpensive Dated: Attorney for Plaintiff(s) 6 7 Dated: Attorney for Defendant(s) 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 6

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