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scheduling_conference [2016/03/06 09:54] – [Scheduling Conference] added link to PDF of the order Carlos Pedraza | scheduling_conference [Unknown date] (current) – external edit (Unknown date) 127.0.0.1 | ||
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====== Scheduling Conference ====== | ====== Scheduling Conference ====== | ||
+ | {{TOC}} | ||
{{page> | {{page> | ||
- | On March 4, 2016, federal [[Judge R. Gary Klausner]] issued a standard pre-trial order setting a **scheduling conference** on May 9, at which the two sides must agree on a plan for discovery, and agree on one of several | + | On March 4, 2016, federal [[Judge R. Gary Klausner]] issued a [[discovery# |
+ | {{page> | ||
- | Discovery | + | Both sides submitted initial [[discovery# |
+ | |||
+ | According to attorney Janet Gershen-Siegel, | ||
+ | * Filing a [[joint statement]] to the court including "a brief factual summary of the case, including the claims being asserted." | ||
+ | * Plaintiffs "to give notice of the scheduling conference immediately to each party that makes an initial appearance in the action after this date." While that includes, potentially, | ||
+ | * While the notice to appear might also have included additional plaintiffs if they have an ownership interest in the alleged copyrights, | ||
+ | ===== What Happens at the Conference ===== | ||
+ | |||
+ | Gershen-Siegel says the schedule conference serves two purposes: "to schedule and hammer out discovery," | ||
+ | |||
+ | According to Cornell University' | ||
+ | |||
+ | [{{ :: | ||
+ | |||
+ | * Simplifying the issues, and eliminating frivolous claims or defenses. | ||
+ | * Amending the pleadings. | ||
+ | * Obtaining admissions and stipulations about facts and documents, and ruling | ||
+ | * Avoiding unnecessary proof and cumulative evidence, and limiting | ||
+ | * Determining the appropriateness and timing of summary adjudication. | ||
+ | * Controlling and scheduling | ||
+ | * Identifying witnesses and documents, scheduling filing and exchange of pretrial briefs, and setting dates for further conferences and for trial. | ||
+ | * Referring matters to a magistrate judge or a master (an authority appointed by the judge to make sure his orders are actually followed. They are often employed in complex civil actions where their expertise | ||
+ | * Settling | ||
+ | * Determining the form and content of a pretrial order. | ||
+ | * Disposing of [[motion to dismiss|pending motions]]. | ||
+ | * Adopting special procedures for managing potentially difficult or protracted actions that may involve complex issues, multiple parties, difficult legal questions, or unusual proof problems. | ||
+ | * Ordering a separate trial of a claim, counterclaim, | ||
+ | * Ordering presentation of evidence early in the trial on a manageable issue that might, on the evidence, be the basis for a judgment as a matter of law or a judgment on partial findings. | ||
+ | * Establishing a reasonable limit on the time allowed to present evidence. | ||
+ | * Facilitating other ways to bring just, speedy, and inexpensive resolution of the suit. | ||
- | According to attorney Janet Gershen-Siegel, | ||
- | * Filing a joint statement to the court no later than April 25 that includes "a brief factual summary of the case, including the claims being asserted." | ||
- | * Plaintiffs "to give notice of the scheduling conference immediately to each party that makes an initial appearance in the action after this date." That includes, potentially, | ||
- | * The notice to appear may also include additional plaintiffs if they have an ownership interest in the alleged copyrights. | ||
===== Alternative Dispute Resolution ===== | ===== Alternative Dispute Resolution ===== | ||
+ | <wrap lo>//See also: [[wp> | ||
The judge' | The judge' | ||
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- Private mediation.(([[http:// | - Private mediation.(([[http:// | ||
- | Gershen-Siegel | + | Gershen-Siegel |
> The advantages to mediation are: it's cheaper and faster. The disadvantages are: no jury trial, and it really doesn' | > The advantages to mediation are: it's cheaper and faster. The disadvantages are: no jury trial, and it really doesn' |