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Appendix A-Joint Case Management Statement And Proposed Order - California
| Appendix A-Joint Case Management Statement And Proposed Order Form. This is a California form and can be used in Civil USDC Northern Federal . |
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1 2 3 4 5 6 7 8 9 APPENDIX A JOINT CASE MANAGEMENT STATEMENT & PROPOSED ORDER UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA ) ) Case Number: C 11-xxxx ) ) JOINT CASE MANAGEMENT ) STATEMENT & [PROPOSED] ORDER ) ) ) ) ) ) ) ) ) Plaintiff(s), 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2. Facts 1. Jurisdiction & Service Defendant(s). vs. 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 dated July 1, 2011 and Civil Local Rule 16-9. The basis for the court's subject matter jurisdiction over plaintiff's claims and defendant's 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. A brief chronology of the facts and a statement of the principal factual issues in dispute. Page 1 of 5 Form updated January 2012 American LegalNet, Inc. www.FormsWorkFlow.com 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 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 Steps taken to preserve evidence relevant to the issues reasonably evident in this action, including interdiction of any document-destruction program and any ongoing erasures of e-mails, voice mails, and other electronicallyrecorded material. 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. 8. Discovery Discovery taken to date, if any, the scope of anticipated discovery, any proposed limitations or modifications of the discovery rules, and a proposed discovery plan pursuant to Fed. R. Civ. P. 26(f). 9. Class Actions If a class action, a proposal for how and when the class will be certified. Page 2 of 5 Form updated January 2012 American LegalNet, Inc. www.FormsWorkFlow.com 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 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. 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. Page 3 of 5 Form updated January 2012 American LegalNet, Inc. www.FormsWorkFlow.com 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 Page 4 of 5 Form updated January 2012 American LegalNet, Inc. www.FormsWorkFlow.com 17. Scheduling Proposed dates for 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"Certification of Interested Entities or Persons" required by Civil Local Rule 3-16. 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. Other Such other matters as may facilitate the just, speedy and inexpensive disposition of this matter. Dated: Counsel for plaintiff Dated: Counsel for defendant 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 Page 5 of 5 Form updated January 2012 American LegalNet, Inc. www.FormsWorkFlow.com 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
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