Case 4:17-cv-03745-PJH Document 28 Filed 07/24/17 Page 1 of 4
`
`
`
`
`
`
`
`UNITED STATES DISTRICT COURT
`
`NORTHERN DISTRICT OF CALIFORNIA
`
`FISHER-PRICE, INC., et al.,
`Plaintiffs,
`
`v.
`
`DYNACRAFT BSC, INC.,
`Defendant.
`
`Case No. 17-cv-03745-PJH
`
`
`ORDER SETTING CASE
`MANAGEMENT CONFERENCE
`[Reassigned Case]
`
`
`
`
`
`TO ALL PARTIES AND COUNSEL OF RECORD:
`
`The above matter having been reassigned to the Honorable Phyllis J. Hamilton, IT IS
`
`HEREBY ORDERED, pursuant to Fed. R. Civ. P. 16(b) and Civil L. R. 16-10, that a Case
`Management Conference shall be held in this case on October 12, 2017, at 2:00 p.m., in
`Courtroom 3, 3rd Floor, Federal Building, 1301 Clay Street, Oakland, California.
`Lead counsel shall meet and confer as required by Fed. R. Civ. P. 26(f) prior to
`the Case Management Conference with respect to those subjects set forth in Fed. R. Civ.
`P. 16(c). Not less than seven (7) days before the conference, counsel shall file a joint
`case management statement addressing each of the items listed in the "Standing Order
`
`For All Judges of the Northern District -- Contents of Joint Case Management statement,"
`
`which is attached to this order and can also be found on the court's website. A proposed
`
`order is not necessary. Following the conference, the court will enter its own Case
`
`Management and Pretrial Order. If any party is proceeding without counsel, separate
`
`statements may be filed by each party.
`Each party shall appear personally or by lead counsel prepared to address all of
`the matters referred to in this Order and with authority to enter stipulations and make
`
`admissions pursuant to this Order. Any request to reschedule the date of the conference
`
`shall be made in writing, and by stipulation if possible, at least ten (10) days before the
`
`date of the conference and must be based upon good cause.
`
`
`
`1
`
`2
`
`3
`
`4
`
`5
`
`6
`
`7
`
`8
`
`9
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`23
`
`24
`
`25
`
`26
`
`27
`28
`
`Northern District of California
`United States District Court
`
`

`

`Case 4:17-cv-03745-PJH Document 28 Filed 07/24/17 Page 2 of 4
`
`STANDING ORDER FOR ALL JUDGES
`OF THE NORTHERN DISTRICT OF CALIFORNIA
`CONTENTS OF JOINT CASE MANAGEMENT STATEMENT
`
`
`
`
`
`All judges of the Northern District of California require identical information in Joint Case
`
`Management Statements filed pursuant to Civil Local Rule 16-9. The parties must include
`
`the following information in their statement which, except in unusually complex cases,
`
`should not exceed ten pages:
`
`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
`
`personal jurisdiction or venue, whether any parties remain to be served, and, if any
`
`parties remain to be served, a proposed deadline for service.
`
`2.
`
`Facts: A brief chronology of the facts and a statement of the principal factual
`
`issues in dispute.
`
`3.
`
`Legal Issues: A brief statement, without extended legal argument, of the disputed
`
`points of law, including reference to specific statutes and decisions.
`
`4.
`
`Motions: All prior and pending motions, their current status, and any anticipated
`
`motions.
`
`5.
`
`Amendment of Pleadings: The extent to which parties, claims, or defenses are
`
`expected to be added or dismissed and a proposed deadline for amending the pleadings.
`
`6.
`
`Evidence Preservation: A brief report certifying that the parties have reviewed the
`
`Guidelines Relating to the Discovery of Electronically Stored Information (“ESI
`
`Guidelines”), and confirming that the parties have met and conferred pursuant to Fed. R.
`
`Civ. P. 26(f) regarding reasonable and proportionate steps taken to preserve evidence
`
`relevant to the issues reasonably evident in this action. See ESI Guidelines 2.01 and
`
`2.02, and Checklist for ESI Meet and Confer.
`
`7.
`
`Disclosures: Whether there has been full and timely compliance with the initial
`
`disclosure requirements of Fed. R. Civ. P. 26, and a description of the disclosures made.
`2
`
`1
`
`2
`
`3
`
`4
`
`5
`
`6
`
`7
`
`8
`
`9
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`23
`
`24
`
`25
`
`26
`
`27
`28
`
`Northern District of California
`United States District Court
`
`

`

`Case 4:17-cv-03745-PJH Document 28 Filed 07/24/17 Page 3 of 4
`
`
`
`1
`
`2
`
`3
`
`4
`
`5
`
`6
`
`7
`
`8
`
`9
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`23
`
`24
`
`25
`
`26
`
`27
`28
`
`8.
`
`Discovery: Discovery taken to date, if any, the scope of anticipated discovery, any
`
`proposed limitations or modifications of the discovery rules, a brief report on whether the
`
`parties have considered entering into a stipulated e-discovery order, a proposed
`
`discovery plan pursuant to Fed. R. Civ. P. 26(f), and any identified discovery disputes.
`
`9.
`
`Class Actions: If a class action, a proposal for how and when the class will be
`
`certified.
`
`10. Related Cases: Any related cases or proceedings pending before another judge of
`
`this court, or before another court or administrative body.
`
`11. 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
`
`addition, any party from whom damages are sought must describe the bases on which it
`
`contends damages should be calculated if liability is established.
`
`12. Settlement and ADR: Prospects for settlement, ADR efforts to date, and a specific
`
`ADR plan for the case, including compliance with ADR L.R. 3-5 and a description of key
`
`discovery or motions necessary to position the parties to negotiate a resolution.
`
`13. Consent to Magistrate Judge For All Purposes: Whether all parties will consent to
`
`have a magistrate judge conduct all further proceedings including trial and entry of
`
`judgment. ___ Yes ___ No
`
`14. Other References: Whether the case is suitable for reference to binding arbitration,
`
`a special master, or the Judicial Panel on Multidistrict Litigation.
`
`15. Narrowing of Issues: Issues that can be narrowed by agreement or by motion,
`
`suggestions to expedite the presentation of evidence at trial (e.g., through summaries or
`
`stipulated facts), and any request to bifurcate issues, claims, or defenses.
`
`16. Expedited Trial Procedure: Whether this is the type of case that can be handled
`
`under the Expedited Trial Procedure of General Order No. 64 Attachment A. If all parties
`
`agree, they shall instead of this Statement, file an executed Agreement for Expedited
`
`Trial and a Joint Expedited Case Management Statement, in accordance with General
`
`Order No. 64 Attachments B and D.
`
`3
`
`Northern District of California
`United States District Court
`
`

`

`Case 4:17-cv-03745-PJH Document 28 Filed 07/24/17 Page 4 of 4
`
`
`
`.
`17
`
`
`
`
`
`
`
`Scheduuling: Propoosed datess for design
`
`
`
`ation of expperts, discoovery cutofff, hearing of
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`disspositive mootions, prettrial confereence and triial.
`
`
`
`
`
`18.
`
`
`
`Trial: WWhether thee case will bbe tried to aa jury or to
`
`
`
`
`
`
`
`
`
`the court aand the expeected
`
`
`
`
`
`lenngth of the ttrial.
`
`
`
`
`
`19. Disclossure of Nonn-party Interested Entitties or Perssons: Whetther each p
`
`
`
`
`
`
`
`
`
`
`
`
`
`arty has
`
`
`
`fileed the “Certtification of Interested Entities or
`
`
`
`
`
`
`
`
`
`Persons” reequired by
`
`Civil Local
`
`Rule 3-15.
`
`
`
`In addition, eaach party mmust restatee in the casee managemment statemment the coontents of
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`its
`
`
`
`certificationn by identifyying any peersons, firmms, partnersships, corpoorations (inccluding
`
`
`
`
`
`
`
`
`
`
`
`
`pa
`
`
`
`rent corporrations) or oother entitiees known byy the party
`
`
`
`
`
`to have eit
`
`
`
`her: (i) a finnancial
`
`
`
`
`
`
`
`
`
`(ii) any eeding; or (to the procer in a party ttroversy oratter in cone subject mainteerest in the
`
`
`
`1
`
`2
`
`3
`
`4
`
`5
`
`6
`
`7
`
`8
`
`9
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`othher kind of iinterest thaat could be ssubstantiallly affected
`
`
`
`
`
`by the outccome of thee
`
`
`
`
`
`prooceeding. Inn any propoosed class, collective, or represeentative actiion, the reqquired
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`dissclosure inccludes any person or eentity that iss funding thhe prosecuttion of any cclaim or
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`couunterclaim.
`
`
`
`
`20.
`
`
`
`
`
`
`
`
`
`
`
`Professional Condduct: Whether all attorrneys of reccord for thee parties haave
`
`
`
`
`
`
`
`revviewed the Guidelines for Professsional Condduct for thee Northern DDistrict of CCalifornia.
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`21.
`
`
`
`Such oother matters as may ffacilitate thee just, speeedy and ineexpensive d
`
`
`
`
`
`
`
`
`
`
`
`isposition
`
`this matter..
`
`
`of
`
`
`
`
`24, 2017 Daated: July 2
`
`
`RED. IT IS SSO ORDER
`
`
`
`_________________________________________
`
`
`
`
`
`
`
`PHHYLLIS J. HHAMILTON
`
`
`
`
`Unnited Statess District Juudge
`
`
`
`4
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`23
`
`24
`
`25
`
`26
`
`27
`28
`
`Northern District of California
`United States District Court
`
`