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Cryer v. Franklin Resources, Inc.

United States District Court, N.D. California

August 1, 2016

MARLON H. CRYER, Plaintiff,
v.
FRANKLIN RESOURCES, INC., Defendant.

          CASE MANAGEMENT SCHEDULING ORDER FOR REASSIGNED CIVIL CASE

          CLAUDIA WILKEN United States District Judge

         This action having been reassigned to the undersigned judge, IT IS HEREBY ORDERED that a Case Management Conference will be held on November 8, 2016, at 2:30 P.M. in Courtroom 2, 4th Floor, 1301 Clay Street, Oakland, CA 94612. Pursuant to Civil L.R. 16-9(a), a joint Case Management Statement will be due seven (7) days prior to the conference (see attached Standing Order for All Judges of the Northern District of California).

         Plaintiff is directed to serve a copy of this Order at once on all parties to this action in accordance with the provisions of Rule 5 of the Federal Rules of Civil Procedure. Following service, the party causing the service shall file a certificate of service with the Clerk of Court.

         IT IS SO ORDERED

         SCHEDULING NOTES AND STANDING ORDER

         Criminal Law and Motion calendar is conducted on Tuesdays at 2:00 p.m. Case Management Conferences and Pretrial Conferences are conducted on Tuesdays at 2:30 p.m. Civil Motion calendar is conducted on Tuesdays at 2:30 p.m. Order of call is determined by the Court. Parties need not reserve a hearing date for civil motions; however, parties must check the legal newspapers or the Court’s website at www.cand.uscourts.gov for unavailable dates.

         Discovery disputes will be referred to a Magistrate Judge. After the parties have met and conferred, the parties shall prepare a joint letter of not more than 8 pages explaining the dispute. Up to 12 pages of attachments may be added. The joint letter must be electronically filed under the Civil Events category of "Motions and Related Filings >Motions-- General > Discovery Letter Brief." The Magistrate Judge to whom the matter is assigned will advise the parties of how that Judge intends to proceed. The Magistrate Judge may issue a ruling, order more formal briefing, or set a telephone conference or a hearing. After a Magistrate Judge has been assigned, all further discovery matters shall be filed pursuant to that Judge's procedures.

         Motions for Summary Judgment: Absent permission from the Court, all case-dispositive motions in a case will be briefed and heard together, on the case-dispositive motion hearing cut-off date, or on an earlier available date agreed to by the parties. Multiple parties should file joint briefs if possible. If Plaintiffs wish to file a motion for summary judgment, they shall do so 6 weeks before the cut-off date. If Defendants wish to file a cross-motion as well as an opposition to the motion, any cross-motion shall be contained within the opposition to the motion, which may contain up to 25 pages in total, and shall be filed 14 days after the filing of the motion. The reply to the motion shall include the opposition to any cross-motion, may contain up to 15 pages in total, and shall be filed 7 days after the filing of the opposition. A reply to any cross-motion may contain up to 15 pages, and shall be filed 7 days after the filing of the opposition. If Plaintiffs do not file a motion for summary judgment, Defendants may file one 5 weeks before the case-dispositive motion hearing cut-off date and the schedule in Local Rule 7-3 shall apply. Courtesy copies of multi-page exhibits for chambers should be clearly marked with tabbed dividers.

         STANDING ORDER FOR ALL JUDGES OF THE NORTHERN DISTRICT OF CALIFORNIA

         CONTENTS OF JOINT CASE MANAGEMENT STATEMENT

         All judges of the Northern District of California 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 ...


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