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Marc Opperman, et al v. Path


May 17, 2013


The opinion of the court was delivered by: Jon S. Tigar United States District Judge


United States District Court District of California Northern

On May 6, 2013, this Court ordered the above-captioned cases related pursuant to Civil Local Rule 3-12. Pursuant to Federal Rule of Civil Procedure 16 and Civil Local Rule 16-10(c), 24 the Court hereby orders the parties to appear for a case management conference on June 21, 2013, 25 at 2:00 p.m., in Courtroom 9, 19th Floor, 450 Golden Gate Ave., San Francisco, CA 94102. 26

1. Applicability of Order

The court anticipates that the June 21 Case Management Conference will be followed by 28 one or more Case Management Orders. Prior to the entry of such an order, the provisions of this Order shall govern the practice and procedure in each of the above-captioned related actions as 2 well as any other actions subsequently related. 3

2. Filings

Any filings concerning all cases shall recite, below the title of the document, "This Document Relates to All Cases." All such filings shall be filed solely in the Opperman v. Path 6 docket, Case No. 13-cv-00453. Pursuant to General Order 45, Counsel for all parties shall ensure 7 that they are registered to receive notices of electronic filings in the Opperman case via the 8 Electronic Case Filing system. 9

Any filings concerning only one of the above-captioned cases shall recite, below the title 10 of the document, "This Document Relates to [case number] Only" and shall be filed solely in the 11 docket for that case. 12

3. Response Extension and Stay

Prior to the entry of a Case Management Order, Defendants in each action are granted an 14 extension of time, if applicable, for responding to the complaint(s). In addition, all outstanding 15 motions shall be held in abeyance until further order of this Court, and counsel shall recommend a 16 schedule for their resolution, as set forth further below. Discovery proceedings that had been 17 commenced prior to relation may continue; however, no further discovery shall be initiated until 18 further order of the Court. 19

4. Appearances at Case Management Conference

Each party represented by counsel shall appear at the case management conference 21 scheduled for June 21, 2013, at 2:00 p.m. through the party's attorney who will have primary 22 responsibility for the party's interest in the litigation. To minimize costs and facilitate a 23 manageable conference, parties with similar interests may agree to have an attending attorney 24 represent the party at the conference. No party shall be precluded from other representation by 25 designating an attorney to represent the party at the conference, nor will attendance at the 26 conference waive objections to jurisdiction, venue, or service. However, any agreements reached, 27 or representations made, at the hearing by the attending attorney will be binding on any party on 28 whose behalf that attorney appears.

Counsel are expected to familiarize themselves with the Manual for Complex Litigation, Fourth (2004) ("MCL 4th"), including in particular, §§ 22.6--22.63, and be prepared at the 3 conference to suggest procedures that will facilitate the resolution of this litigation as discussed 4 further below. 5

5. Other Related Cases

Any party that becomes aware of any other action pending in this district potentially 7 subject to relation shall promptly file an administrative motion to consider whether the case should 8 be related. Any party that becomes aware of any similar actions pending in any other federal 9 district court shall promptly file a notice alerting the Court to the action's pendency and attaching, 10 when feasible, the complaint in that action. 11

6. Joint Case Management Statements and Agenda for Case Management Conference

The parties in each action shall meet and confer forthwith, and shall file a joint case management statement and plan by no later than June 7, 2013. The contents of that statement 14 shall comply with the Standing Order for All Judges of the Northern District of California, 15 available at, and shall address the following additional topics:*fn1

a. A summary of the claims and defenses of each party;

b. A summary of any disputes currently existing between the parties;

c. Whether the related cases may be consolidated for purposes of avoiding 19 duplicative discovery and/or discovery disputes; 20

d. Whether the related cases may be consolidated for the determination of any 21 common legal or factual questions, including, but not limited to: motions to dismiss, Article III 22 standing, class certification, admission of expert testimony, and summary judgment; 23

e. Whether the related cases may be consolidated for trial;

f. To what extent the class definitions asserted in each action overlap, and 25 how the parties intend to coordinate class certification proceedings; 26

g. To what extent the asserted causes of action in each action overlap, and whether it would be expedient to consolidate some or all of the causes of action in a single 2 complaint; 3

h. To what extent Plaintiffs in the Opperman action intend to assert both Texas 4 and California statutory violations of law, and whether any choice of law issues must be resolved; 5

i. To what extent it would be appropriate to phase discovery, pretrial, and/or 6 trial proceedings with respect to particular defendants; 7

j. Whether there are any questions of law the early resolution of which would 8 aid the parties in evaluating these cases for settlement; 9

k. Whether it would be appropriate to establish a formal structure coordinating 10 the prosecution and defense of these actions, e.g., the establishment of lead and/or liaison counsel, 11 steering committees, etc.; 12

l. With respect to all actions, and the Opperman action in particular, the parties' proposed alterations to the page limits and briefing timetables provided by the local rules 14 that will eliminate the potential for duplicative or unnecessarily burdensome motion practice; 15

m. The parties' proposed coordinated discovery plan and timetable;

n. The parties' proposed coordinated pretrial schedule, including case 17 management; 18

o. The parties' proposed coordinated trial schedule; and

p. Any other procedures, issues, or concerns relating to the expedient and fair 20 resolution of the related actions. 21

The Court encourages the parties to seek consensus on all of the above topics and to 22 propose a coordinated case management plan for these cases going forward. In the event the 23 parties cannot agree, they are to present their competing proposals. 24


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