Free Order - District Court of California - California

Case 3:08-cv-00510-JM-WMC

Document 19

Filed 05/12/2008

Page 1 of 4

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 IT IS HEREBY ORDERED that a TELEPHONIC Early Neutral Evaluation of your case will be held on June 4, 2008 at 2:00 p.m. in the chambers of the Honorable William McCurine, Jr., United States Magistrate Judge, COUNSEL ARE REQUIRED TO PARTICIPATE. PARTIES ARE NOT REQUIRED TO PARTICIPATE. COUNSEL FOR PLAINTIFF IS ORDERED TO INITIATE THE CALL BY FIRST TELEPHONING OPPOSING COUNSEL AND THEN TELEPHONING THE COURT AT 619-557-6624. Absent extraordinary circumstances, requests for continuances will not be considered unless submitted in writing no less than fourteen (14) days prior to the scheduled conference. v. IMMUNOSYN CORP., et al., Defendants. DEBORAH DONOGHUE, Plaintiff, ) ) ) ) ) ) ) ) ) ) ) Case No. 08cv510-JM (WMc) NOTICE AND ORDER FOR TELEPHONIC EARLY NEUTRAL EVALUATION CONFERENCE UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA

08cv510-JM (WMc)

Case 3:08-cv-00510-JM-WMC

Document 19

Filed 05/12/2008

Page 2 of 4

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

Requests to be excused from participation for extraordinary circumstances must be in writing and received by the Court at least fourteen (14) days prior to the conference. The parties are required to submit a short Early Neutral Evaluation Conference Statement about the case on a confidential basis no later than seven (7) days before the conference. Rule 26 of the Federal Rules of Civil Procedure shall apply to this case. All discovery shall be stayed until after the Rule

26(f) conference, unless otherwise permitted by Rule 26(f) or court order. In the event the case does not settle at the Early Neutral Evaluation Conference, the parties shall also be prepared to discuss the following matters at the conclusion of the conference: 1. Any anticipated objections under Federal Rule of Civil

Procedure 26(a)(1)(E) to the initial disclosure provisions of Federal Rule of Civil Procedure 26(a)(1)(A-D); 2. The scheduling of the Federal Rule of Civil Procedure

26(f) conference; 3. The date of initial disclosure and the date for lodging

the discovery plan following the Rule 26(f) conference; and 4. The scheduling of a Case Management Conference pursuant

to Federal Rule of Civil Procedure 16(b). Plaintiff's counsel shall give written notice of the Early Neutral Evaluation Conference to parties responding to the complaint after May 12, 2008. ///

2

08cv510-JM (WMc)

Case 3:08-cv-00510-JM-WMC

Document 19

Filed 05/12/2008

Page 3 of 4

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

Questions regarding this case may be directed to the Magistrate Judge's law clerk at (619) 557-6624. IT IS SO ORDERED. DATED: May 12, 2008

Hon. William McCurine, Jr. U.S. Magistrate Judge United States District Court

3

08cv510-JM (WMc)

Case 3:08-cv-00510-JM-WMC

Document 19

Filed 05/12/2008

Page 4 of 4

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

NOTICE OF RIGHT TO CONSENT TO TRIAL BEFORE A UNITED STATES MAGISTRATE JUDGE IN ACCORDANCE WITH THE PROVISIONS OF 28 U.S.C. § 636(c), YOU ARE HEREBY NOTIFIED THAT A U.S. MAGISTRATE JUDGE OF THIS DISTRICT MAY, UPON THE CONSENT OF ALL PARTIES, ON FORM 1A AVAILABLE IN THE CLERK'S OFFICE, CONDUCT ANY OR ALL PROCEEDINGS, INCLUDING A JURY OR NON-JURY TRIAL, AND ORDER THE ENTRY OF A FINAL JUDGMENT. COUNSEL FOR THE PLAINTIFF SHALL BE RESPONSIBLE

FOR OBTAINING THE CONSENT OF ALL PARTIES, SHOULD THEY DESIRE TO CONSENT. YOU SHOULD BE AWARE THAT YOUR DECISION TO CONSENT OR NOT TO CONSENT IS ENTIRELY VOLUNTARY AND SHOULD BE COMMUNICATED SOLELY TO THE CLERK OF COURT. ONLY IF ALL PARTIES CONSENT WILL

THE JUDGE OR MAGISTRATE JUDGE TO WHOM THE CASE HAS BEEN ASSIGNED BE INFORMED OF YOUR DECISION. JUDGMENTS OF THE U.S. MAGISTRATE JUDGES ARE APPEALABLE TO THE U.S. COURT OF APPEALS IN ACCORDANCE WITH THIS STATUTE AND THE FEDERAL RULES OF APPELLATE PROCEDURE.

4

08cv510-JM (WMc)