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In re Air Crash at San Francisco

United States District Court, N.D. California

February 19, 2014

IN RE: AIR CRASH AT SAN FRANCISCO, CALIFORNIA, ON JULY 6, 2013

ORDER SETTING INITIAL CONFERENCE, DENYING MOTION TO STAY, SETTING BRIEFING ON MOTION TO REMAND THIS DOCUMENT RELATES TO: ALL CASES

YVONNE GONZALEZ ROGERS, District Judge.

Preamble. The Court wishes to express clearly its expectation that professionalism, courtesy, and civility will endure throughout these proceedings. The Manual for Complex Litigation, Fourth at section 10.21 captures the spirit in these terms:

The added demands and burdens of complex litigation place a premium on attorney professionalism, and the judge should encourage counsel to act responsibly. The certification requirements of Federal Rules of Civil Procedure 11 and 26(g) reflect some of the attorneys' obligations as officers of the court.

Because of the high level of competence and experience that attorneys ordinarily bring to this type of litigation, the Court is confident that this objective will be achieved without judicial intervention.

The Court HEREBY ORDERS:

1. Initial Conference. All parties shall appear for a conference with the undersigned on April 11, 2014 at 10:00 a.m. in Courtroom 1, United States Courthouse, Ronald V. Dellums Federal Building, 1301 Clay Street, Oakland, California.

a. Attendance. To minimize costs and facilitate a manageable conference, parties are not required to attend the conference, and parties with similar interests are expected to agree to the extent practicable on a single attorney to act on their joint behalf at the conference. A party will not, by designating an attorney to represent its interests at the conference, be precluded from other representation during the litigation; and attendance at the conference will not waive objections to jurisdiction, venue, or service.
b. Other Participants. Persons who are not named as parties in this litigation but may later be joined as parties or are parties in related litigation pending in other federal and state courts are invited to attend in person or by counsel.
c. List of Counsel Intending to Appear: To assist the Court with managing attorney appearances, counsel for all parties should confer and file a joint list of counsel who will appear at the case management conference no later than Monday, April 7, 2014. See In re Lithium Ion Batteries Antitrust Litigation, MDL No. 2420, Dkt. No. 130 (Joint List of Counsel Appearing at the April 3, 2013 Case Management Conference).

2. Purposes and Agenda. The conference will be held for the purposes specified in

Fed. R. Civ. P. 16(a), 16(b), 16(c), and 26(f) and subject to the sanctions prescribed in Rule 16(f). More particularly, for this initial conference, a tentative agenda is appended as Attachment A. The Court anticipates additional conferences will be required to address additional issues such as those appended as Attachment B. However, the Court will entertain counsel's requests to address other items not specifically on Attachment A. Any such requests must be filed by April 1, 2014.

3. Preparations for Conference.

a. Procedures for Complex Litigation. Counsel are expected to familiarize themselves with the Manual for Complex Litigation, Fourth and be prepared at the conference to suggest procedures that will facilitate the just, speedy, and inexpensive resolution of this litigation.
b. Initial Conference of Counsel. Before the conference, counsel shall confer and seek consensus to the extent possible with respect to the items on the agenda, including a proposed discovery plan under Rule 26(f) and a suggested schedule under Rule 16(b) for joinder of parties, amendment of pleadings, consideration of any class action allegations, motions, and trial.
c. Joint Preliminary Statement. Counsel shall submit to the Court by April 1, 2014, a preliminary statement. Plaintiffs and Defendants shall each be limited to one such submission per side. The statement shall include:
i. Each group's preliminary understanding of the facts involved in the litigation and the critical ...

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