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UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

LARRY SPRIETZER,

Plaintiff(s), No. C 14-1092 PJH

v. ORDER SETTING CASE

MANAGEMENT CONFERENCE

 BIOMET INC., et al.,

[Reassigned Case]

Defendant(s).

___________________________________/

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 June 5, 2014, 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.
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STANDING ORDER FOR ALL JUDGES

OF THE NORTHERN DISTRICT OF CALIFORNIA

CONTENTS OF JOINT CASE MANAGEMENT STATEMENT

Commencing July 1, 2011, all judges of the Northern District of California will 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.

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.
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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.

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
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to the proceeding; or (ii) any other kind of interest that could be substantially

affected by the outcome of the proceeding.

20. Such other matters as may facilitate the just, speedy and inexpensive disposition of 

 this matter.

IT IS SO ORDERED.

Dated: April 23, 2014

______________________________

PHYLLIS J. HAMILTON

United States District Judge