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Robert S . Green (State Bar No . 136183) GREEN WELLING LLP 235 Pine Street, 15th Floor San Francisco, CA 94104 Telephone : [phone] Facsimile : [phone] E-mail : rsg@classcounsel .co m Marc A . Topaz (mtopaz@sbclasslaw .com) Richard A. Maniskas (rmaniskas@sbclasslaw .com) SCHIFFRIN & BARROWAY, LLP 280 King of Prussia Rd . Radnor, PA 19087 Telephone : [phone] Facsimile : (610) 667-705 6 Attorneys for Plaintiff
UNITED STATES DISTRICT COURT 12 NORTHERN DISTRICT OF CALIFORNI A 13 14 15 16 Plaintiff, 17 vs. 18 19 20 21 22 23 24 25 26 27 28
Notice_Reassignment .wpd
VICTOR HEFNER, Individually and On Behalf of All Others Similarly Situated,
Case No . 05-cv-01692-MHP
NOTICE OF REASSIGNMEN T BLUE COAT SYSTEMS, INC ., BRIAN M . NeSMITH, and ROBERT VERHEECKE , Defendants .
NOTICE OF REASSIGNMENT Case No . 05-cv-01692-MJJ
1
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Notice_Reassignment .wpd
TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD : PLEASE TAKE NOTICE that on May 24, 2005, the Court entered into its record the attached clerk's notice notifying parties that the case is reassigned to the Honorable Marilyn Hall Patel . A true and correct copy of the Clerk's Notice is attached hereto as Exhibit A . In addition, as required by the Clerk's Notice, attached hereto as Exhibit B is a copy of the form for the Joint Case Management Statement .
DATED : May 25, 2005 GREEN WELLING LLP
By : Rob S . Green 595 Market Street, Suite 2750 San Francisco, California 94105 Telephone : [phone] Facsimile : [phone] Marc A . Topaz Richard A . Maniska s SCHIFFRIN & BARROWAY, LLP 280 King of Prussia Rd . Radnor, PA 19087 Telephone : [phone] Facsimile : [phone] Attorneys for Plaintif f
NOTICE OF REASSIGNMENT Case No . 05-cv-01692-MJJ
21
E XHIBIT A
Case 3 :05-cv-01692-MHP Document 7 Filed 05/24/2005 Page 1 of 1
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V.
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNI A
VICTOR HEFNER, Plaintiff(s) ,
No. C 05-01692 MHP CLERK'S NOTICE (Scheduling Case Management Conference in Reassigned Case)
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11 12 13
BLUE COAT SYSTEMS, Defendant(s) .
A a
e~ o
VI 0
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This case, having been reassigned to the Honorable Marilyn Hall Patel and all pending hearing dates thus vacated, is hereby scheduled for a case management conference on Monday , August 15, 2005, at 4:00 p .m. A Joint Case Management Statement is due ten days prior to the conference . Plaintiff is responsible for forwarding a copy of the form for the Joint Case Management Statement on all defendants, and shall also serve a copy of this notice on all defendants .
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as
Richard W . Wieking Clerk, U .S . District Court
/s/
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Dated : May 24, 2005
Anthony Bowser, Deputy Clerk to the Honorable Marilyn Hall Patel [phone]
EX HIBIT B
APPENDIX A - JOINT CASE MANAGEMENT STATEMENT AND PROPOSED ORDE R
UNITED STATES DISTRICT COUR T NORTHERN DISTRICT OF CALIFORNI A
CASE NO . Plaintiff(s) , V. Defendant(s) . JOINT CASE MANAGEMENT STATEMENT AND PROPOSED ORDE R
The parties to the above-entitled action jointly submit this Case Management Statement and Proposed Order and request the Court to adopt it as its Case Management Order in this case . DESCRIPTION OF THE CAS E 1 . A brief description of the events underlying the action : 2 . The principal factual issues which the parties dispute : 3 . The principal legal issues which the parties dispute : 4 . The other factual issues [e .g . service ofprocess, personal jurisdiction, subject matter jurisdiction or venue] which remain unresolved for the reason stated below and how the parties propose to resolve those issues : 5 . The parties which have not been served and the reasons : 6 . The additional parties which the below-specified parties intend to join and the intended time frame for such joinder : 7 . The following parties consent to assignment of this case to a United States Magistrate Judge for [court or jury] trial : ALTERNATIVE DISPUTE RESOLUTIO N 8 . [Please indicate the appropriate response(s) .] u The case was automatically assigned to Nonbinding Arbitration at fili ng and will be ready for the hearing by (date) u The parties have filed a Stipulation Proposed and Order Selecting an ADR process (specify process) : u The parties filed a Notice of Need for ADR Phone Conference and the phone conference was held on or is scheduled fo r u The parties have not filed a Stipulation and Proposed Order Selecting an ADR process and the ADR process that the parties jointly request [or a party separately requests] i s
Published March 2000
APPENDIX PG . 2
9 . Please indicate any other information regarding ADR process or deadline .
DISCLOSURE S
10 . The parties certify that they have made the following disclosures [list disclosures of persons, docume nts, damage computations and insura nce agreements] : DISCOVER Y 11 . The parties agree to the following discovery plan [Describe the plan e .g., any limitation on the number, duration or subject matter for various kinds of discovery ; discovery from experts; deadlinesfor completing discovery] : TRIAL SCHEDUL E 12 . The parties request a trial date as follows : 13 . The parties expect that the trial will last for the following number of days :
Dated : [Typed name and signature of counsel . ]
Dated : [Typed name and signature of counsel .]
CASE MANAGEM ENT ORDE R The Case Management Statement and Proposed Order is hereby adopted by the Court a s the Case Management Order for the case and the parties are ordered to comply with this Order . In addition the Court orders : [The Court may wish to make additional orders, such as : a . Referral of the parties to court or private ADR process ; b . Schedule a further Case Management Conference ; c . Schedule the time and con tent of supplemental disclosures ; d . Specially set motions ; e . Impose limitations on disclosure or discovery ; f Set time for disclosure of identity, background and opinions of experts ; g . Set deadlines for completing fact and expert discovery; h . Set time .for parties tome et and confer regarding pretrial submissions ; I. Set deadline for hearing motions directed to the merits of the case ; j. Set deadline for subm ission of pre trial material ; k . Set date and time for pretrial conference ; 1. Set a date and timefo r trial .]
Dated : UNITED STATES DISTRICT/MAGISTRATE JUDG E
Published March 2000 AP PEND IX PG . 3
CERTIFICATE OF SERVIC E 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Kim 26 27 28 . Tri by transmitting via facsimile the above listed document(s) to the fax number(s) set forth below on this date . SEE ATTACHED SERVICE LIS T In compliance with Civil LR 23-2, service is also made via electronic mail to a Designated Internet S...