SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA 191 N. FIRST STREET SAN JOSE, CA 95113-1090
E-FILED 9/28/2016 3:57:40 PM David H. Yamasaki Chief Executive Officer/Clerk Superior Court of CA, County of Santa Clara 16CV300420 Reviewed By:Rowena Walker
RE: CASE NUMBER:
Galdi v. Silicon Graphics International Corp., et al. 16CV300420
ORDER DEEMING CASE COMPLEX AND STAYING DISCOVERY
WHEREAS, the Complaint was filed by Plaintiff RICHARD A. GALDI (“Plaintiff”) in the Superior Court of California, County of Santa Clara, on September 27, 2016 and assigned to Department 1 (Complex Civil Litigation), the Honorable Peter H. Kirwan presiding, pending a ruling on the complexity issue; IT IS HEREBY ORDERED that: The Court determines that the above-referenced case is COMPLEX within the meaning of California Rules of Court 3.400. The matter remains assigned, for all purposes, including discovery and trial, to Department 1 (Complex Civil Litigation), the Honorable Peter H. Kirwan presiding. The parties are directed to the Electronic Filing and Service Standing Order and to the Guidelines for the Complex Civil Litigation Department, copies of which may be downloaded from http://www.scscourt.org/forms_and_filing/efiling.shtml. Electronic service under this Order shall be construed by the Court and all parties to be equivalent to personal service. The two court days extension of time for electronic service under CCP § 1010.6(a)(4) does not apply. Any document for which service has not been completed by 5:00 p.m. is deemed served the following business day. All parties are hereinafter ordered to submit to the Court’s E-Filing website digital copies of all documents that were previously manually filed prior to the entry of this Order. Pursuant to California Rules of Court, Rule 3.254, the creation and maintenance of the Master Service List shall be under the auspices of (1) Plaintiff RICHARD A. GALDI, as the first-named party in the Complaint, and (2) the first-named party in each Cross-Complaint, if any. Pursuant to Government Code section 70616(c), each party’s complex case fee is due within ten (10) calendar days of this date. Plaintiff shall serve a copy of this Order on all parties forthwith and file a proof of service within seven (7) days of service. Any party objecting to the complex designation must file an objection and proof of service within ten (10) days of service of this Order. Any response to the objection must be filed within seven (7) days of service of the objection. The Court will make its ruling on the submitted pleadings. The Case Management Conference remains set for January 20, 2017 at 10:00 a.m. in Department 1 and all counsel are ordered to attend in person.
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Counsel for all parties are ordered to meet and confer in person at least 15 days prior to the First Case Management Conference and discuss the following issues: 1. Issues related to recusal or disqualification; 2. Issues of law that, if considered by the Court, may simplify or further resolution of the case, including issues regarding choice of law; 3. Appropriate alternative dispute resolution (ADR), for example, mediation, mandatory settlement conference, arbitration, mini-trial; 4. A plan for preservation of evidence and a uniform system for identification of documents throughout the course of this litigation; 5. A plan for document disclosure/production and additional discovery; which will generally be conducted under court supervision and by court order; 6. Whether it is advisable to address discovery in phases so that information needed to conduct meaningful ADR is obtained early in the case (counsel should consider whether they will stipulated to limited merits discovery in advance of certification proceedings), allowing the option to complete discovery if ADR efforts are unsuccessful; 7. Any issues involving the protection of evidence and confidentiality; 8. The handling of any potential publicity issues; Counsel for Plaintiff is to take the lead in preparing a Joint Case Management Conference Statement to be filed fifteen calendars days prior to the First Case Management Conference, and include the following: 1. A Statement as to whether additional parties are likely to be added and a proposed date by which all parties must be served; 2. Service lists identifying all primary and secondary counsel, firm names, addresses, telephone numbers, email addresses and fax numbers for all counsel; 3. A description of all discovery completed to date and any outstanding discovery as of the date of the conference; 4. Applicability and enforceability of arbitration clauses, if any; 5. A list of all related litigation pending in other courts, including Federal Court, and a brief description of any such litigation, and a statement as to whether any additional related litigation is anticipated (CRC 3.300); 6. A description of factual and legal issues – the parties should address any specific contract provisions the interpretation of which may assist in resolution of significant issues in the case; 7. The parties’ tentative views on an ADR mechanism and how such mechanism might be integrated into the course of the litigation; 8. Whether discovery should be conducted in phases or limited; and if so, the order of phasing or types of limitations of discovery. If this is a class action lawsuit, the parties should address the issue of limited merits discovery in advance of class certification motions. To the extent the parties are unable to agree on the matters to be addressed in the Joint Case Management Conference Statement, the positions of each party or of various parties should be set forth separately and attached to this report as addenda. The parties are encouraged to propose, either jointly or separately, any approaches to case management they believe will promote the fair and efficient handling of this case. The Court is particularly interested in identifying potentially dispositive or significant threshold issues the early resolution of which may assist in moving the case toward effective ADR and/or a final disposition. If this is a class action lawsuit, a copy of the Court’s Guidelines for Motions relating to Class Certification is attached to this Order. The Court may set a briefing schedule for Plaintiff’s class certification motion at the time of the conference.
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Pending further order of this Court, the service of discovery and the obligation to respond to any outstanding discovery is stayed. However, Defendant(s) shall file a Notice of Appearance for purposes of identification of counsel and preparation of a service list. The filing of such a Notice of Appearance shall be without prejudice to the later filing of a motion to quash to contest jurisdiction. Parties shall not file or serve responsive pleadings, including answers to the complaint, motions to strike, demurrers, motions for change of venue and cross-complaints until a date is set at the First Case Management Conference for such filings and hearings. This Order is issued to assist the Court and the parties in the management of this “Complex” case through the development of an orderly schedule for briefing and hearings. This Order shall not preclude the parties from continuing to informally exchange documents that may assist in their initial evaluation of the issues presented in this Case. Plaintiff shall serve a copy of this Order on all the parties in this matter forthwith. SO ORDERED.
Date: September 28, 2016
Hon. Peter H. Kirwan Judge of the Superior Court
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