Joint Case Management Statement And (Proposed) Order

Page 1 of 4 Form updated May 2018 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 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA Plaintiff(s), vs. Defendant(s). ) ) ) ) ) ) ) ) ) ) ) ) ) ) Case Number: C 18-xxxx JOINT CASE MANAGEMENT STATEMENT & [PROPOSED] ORDER The parties to the above-entitled action jointly submit this JOINT CASE MANAGEMENT STATEMENT & PROPOSED ORDER pursuant to the Standing Order for All Judges of the Northern District of California and Civil Local Rule 16-9 . 1. Jurisdiction & Service The basis for the court222s subject matter jurisdiction over plaintiff222s claims and defendant222s counterclaims, whether any issues exist regarding persona 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. American LegalNet, Inc. www.FormsWorkFlow.com Page 2 of 4 Form updated May 2018 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 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 (223ESI Guidelines224), 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. For ADA and employment cases, see General Order Nos. 56 and 71. 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 which ADR process option the parties have selected and a proposed deadline, or if the parties do not agree, each party222s preferred option and timing, in compliance with ADR L.R. 3-5. In addition, the parties should include a description of key discovery or motions necessary to position the parties to negotiate a resolution. American LegalNet, Inc. www.FormsWorkFlow.com Page 3 of 5 Form updated May 2018 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 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 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. 17. Scheduling Proposed dates for completion of initial ADR session, designation of experts, discovery cutoff, hearing of dispositive motions, pretrial conference and trial. 18. Trial Whether the case will be tried to a jury or to the court and the expected length of the trial. 19. Disclosure of Non-party Interested Entities or Persons Whether each party has filed the 223Certification of Interested Entities or Persons224 required by Civil Local Rule 3-15. In addition, each party must restate in the case management statement the contents of its certification by identifying any persons, firms, partnerships, corporations (including parent corporations) or other entities known by the party to have either: (i) a financial interest in the subject matter in controversy or in a party to the proceeding; or (ii) any other kind of interest that could be substantially affected by the outcome of the proceeding. 20. Professional Conduct Whether all attorneys of record for the parties have reviewed the Guidelines for Professional Conduct for the Northern District of California. American LegalNet, Inc. www.FormsWorkFlow.com Page 4 of 4 Form updated May 2018 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 21. Other Such other matters as may facilitate the just, speedy and inexpensive disposition of this matter. Dated: Counsel for plaintiff Dated: Counsel for defendant CASE MANAGEMENT ORDER The above JOINT CASE MANAGEMENT STATEMENT & PROPOSED ORDER is approved as the Case Management Order for this case and all parties shall comply with its provisions. [In addition, the Court makes the further orders stated below:] IT IS SO ORDERED. Dated: UNITED STATES DISTRICT/MAGISTRATE JUDGE American LegalNet, Inc. www.FormsWorkFlow.com