Cyber Switching Patents, LLC v. Chatsworth, Inc.

Northern District of California, cand-4:2014-cv-02681

ORDER SETTING CASE MANAGEMENT CONFERENCE. Joint Case Management Statement due by 9/11/2014. Initial Case Management Conference set for 9/18/2014 02:00 PM. Signed by Judge Phyllis J. Hamilton on 7/22/14.

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1 UNITED STATES DISTRICT COURT 2 NORTHERN DISTRICT OF CALIFORNIA 3 CYBER SWITCHING PATENTS, LLC, 4 Case No. 14-cv-02681-PJH Plaintiff, 5 v. ORDER SETTING CASE 6 MANAGEMENT CONFERENCE CHATSWORTH, INC., 7 [Reassigned Case] Defendant. 8 9 AND ALL RELATED CASES: 10 C 14-2682 PJH CYBER v. EATON C 14-2683 PJH CYBER v. EMERSON 11 C 14-2684 PJH CYBER v. METHODE 12 Northern District of California C 14-2689 PJH CYBER v. RARITAN United States District Court 13 C 14-2692 PJH CYBER v. SCHNEIDER C 14-2693 PJH CYBER v. SERVER 14 TO ALL PARTIES AND COUNSEL OF RECORD: 15 The above matter having been reassigned to the Honorable Phyllis J. Hamilton. It is 16 hereby ordered, pursuant to Fed. R. Civ. P. 16(b) and Civil L. R. 16-10, that a Case 17 Management Conference shall be held in this case on September 18, 2014, at 2:00 p.m., 18 in Courtroom 3, 3rd Floor, Federal Building, 1301 Clay Street, Oakland, California. 19 Lead counsel shall meet and confer as required by Fed. R. Civ. P. 26(f) prior to 20 the Case Management Conference with respect to those subjects set forth in Fed. R. Civ. 21 P. 16(c). Not less than seven (7) days before the conference, counsel shall file a joint 22 case management statement addressing each of the items listed in the "Standing Order 23 For All Judges of the Northern District -- Contents of Joint Case Management statement," 24 which is attached to this order and can also be found on the court's website. A proposed 25 order is not necessary. Following the conference, the court will enter its own Case 26 Management and Pretrial Order. If any party is proceeding without counsel, separate 27 statements may be filed by each party. 28 1 Each party shall appear personally or by lead counsel prepared to address all of 2 the matters referred to in this Order and with authority to enter stipulations and make 3 admissions pursuant to this Order. Any request to reschedule the date of the conference 4 shall be made in writing, and by stipulation if possible, at least ten (10) days before the 5 date of the conference and must be based upon good cause. 6 7 STANDING ORDER FOR ALL JUDGES 8 OF THE NORTHERN DISTRICT OF CALIFORNIA 9 CONTENTS OF JOINT CASE MANAGEMENT STATEMENT 10 Commencing July 1, 2011, all judges of the Northern District of California will 11 require identical information in Joint Case Management Statements filed pursuant to Civil 12 Local Rule 16-9. The parties must include the following information in their statement Northern District of California United States District Court 13 which, except in unusually complex cases, should not exceed ten pages: 14 1. Jurisdiction and Service: The basis for the court's subject matter jurisdiction 15 over plaintiff's claims and defendant's counterclaims, whether any issues exist regarding 16 personal jurisdiction or venue, whether any parties remain to be served, and, if any 17 parties remain to be served, a proposed deadline for service. 18 2. Facts: A brief chronology of the facts and a statement of the principal 19 factual issues in dispute. 20 3. Legal Issues: A brief statement, without extended legal argument, of the 21 disputed points of law, including reference to specific statutes and decisions. 22 4. Motions: All prior and pending motions, their current status, and any 23 anticipated motions. 24 5. Amendment of Pleadings: The extent to which parties, claims, or defenses 25 are expected to be added or dismissed and a proposed deadline for amending the 26 pleadings. 27 6. Evidence Preservation: A brief report certifying that the parties have 28 reviewed the Guidelines Relating to the Discovery of Electronically Stored Information 2 1 ("ESI Guidelines"), and confirming that the parties have met and conferred pursuant to 2 Fed. R. Civ. P. 26(f) regarding reasonable and proportionate steps taken to preserve 3 evidence relevant to the issues reasonably evident in this action. See ESI Guidelines 4 2.01 and 2.02, and Checklist for ESI Meet and Confer. 5 7. Disclosures: Whether there has been full and timely compliance with the 6 initial disclosure requirements of Fed. R. Civ. P. 26, and a description of the disclosures 7 made. 8 8. Discovery: Discovery taken to date, if any, the scope of anticipated 9 discovery, any proposed limitations or modifications of the discovery rules, a brief report 10 on whether the parties have considered entering into a stipulated e-discovery order, a 11 proposed discovery plan pursuant to Fed. R. Civ. P. 26(f), and any identified discovery 12 disputes. Northern District of California United States District Court 13 9. Class Actions: If a class action, a proposal for how and when the class will 14 be certified. 15 10. Related Cases: Any related cases or proceedings pending before another 16 judge of this court, or before another court or administrative body. 17 11. Relief: All relief sought through complaint or counterclaim, including the 18 amount of any damages sought and a description of the bases on which damages are 19 calculated. In addition, any party from whom damages are sought must describe the 20 bases on which it contends damages should be calculated if liability is established. 21 12. Settlement and ADR: Prospects for settlement, ADR efforts to date, and a 22 specific ADR plan for the case, including compliance with ADR L.R. 3-5 and a description 23 of key discovery or motions necessary to position the parties to negotiate a resolution. 24 13. Consent to Magistrate Judge For All Purposes: Whether all parties will 25 consent to have a magistrate judge conduct all further proceedings including trial and 26 entry of judgment. ___ Yes ___ No 27 14. Other References: Whether the case is suitable for reference to binding 28 arbitration, a special master, or the Judicial Panel on Multidistrict Litigation. 3 1 15. Narrowing of Issues: Issues thatt can be narrowed by a agreement or by 2 mo otion, sugge estions to expedite e the e presentat ion of evide ence at trial (e.g., through 3 summaries orr stipulated facts), and d any reque est to bifurca ate issues, claims, or defenses. 4 16. Expedited Trial Proce edure: Whetther this is the type off case that ccan be 5 handled unde er the Exped dited Trial Procedure P of General Order No. 64 Attachm ment A. If alll 6 parties agree, they shall instead of this Statem ment, file an n executed Agreementt for 7 Ex xpedited Trial and a Jo oint Expedited Case M Managemen nt Statemen nt, in accord dance with 8 Ge eneral Orde er No. 64 Atttachments B and D. 9 17. Scheduling g: Proposed d dates for designation n of expertss, discoveryy cutoff, 10 hearing of dis spositive mo otions, pretrial confere ence and triial. 11 18. se will be trried to a jurry or to the court and the Trial: Whetther the cas 12 exp pected leng gth of the trrial. Northern District of California United States District Court 13 19. ed Entities or Personss: Whether each party Disclosure of Non-parrty Intereste 14 has filed the "Certificatio " on of Interes sted Entitiess or Person ns" required d by Civil Lo ocal Rule 15 3-1 16. In addition, each party p must restate r in th he case management statement tthe 16 contents of its s certificatio on by identifying any p persons, firm ms, partnerrships, corp porations 17 (including parrent corpora ations) or other o entitie s known byy the party tto have eith her: (i) a 18 ancial interrest in the subject fina s mattter in contro oversy or in n a party to the procee eding; or (ii)) 19 any other kind d of interest that could d be substantially affeccted by the outcome o of the 20 pro oceeding. 21 20. Such other ma atters as may m facilitate e the just, sspeedy and d inexpensivve 22 dis sposition of this matterr. 23 IT IS SO S ORDER RED. 24 Da ated: July 22, 2 2014 25 __ __________ __________ __________ _________ PH HYLLIS J. HHAMILTON 26 Un nited Statess District Ju udge 27 28 4