Free Case Assignment Package - conventional filing - North Carolina


File Size: 188.2 kB
Pages: 7
Date: January 16, 2008
File Format: PDF
State: North Carolina
Category: Court Forms - Federal
Word Count: 1,047 Words, 8,605 Characters
Page Size: Letter (8 1/2" x 11")
URL

http://www.ncwd.uscourts.gov/Documents/Forms/CONVENTIONAL_caseassignmentnotice.upd011608.pdf

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CASE ASSIGNMENT NOTICE

All civil cases filed in the Western District of North Carolina are assigned to an Article III U.S. District Court Judge upon initial filing. This case has been assigned to the following judge: Honorable Richard L. Voorhees Honorable Lacy H. Thornburg Honorable Robert J. Conrad, Jr. Honorable Frank D. Whitney Honorable Martin K. Reidinger Honorable Graham C. Mullen, Senior Judge

Attached to this notice you will find the following forms: Joint Stipulation of Consent to the Exercise of Jurisdiction by a U.S. Magistrate Judge Disclosure of Corporate Affiliations and Other Entities with a Direct Financial Interest in Litigation Certification and Report of F.R.C.P. 26(f) Conference and Discovery Plan

Counsel may consent to the jurisdiction of a U.S. Magistrate Judge by filing a Joint Consent to the Exercise of Jurisdiction by a United States Magistrate Judge. Counsel may consent to magistrate judge jurisdiction any time after service of the contents of this packet on the parties and are now REQUIRED to discuss the issue of consent to the jurisdiction of a magistrate judge at the Rule 26 (Initial Attorney's Conference) and if consent of ALL parties is granted, file a JOINT STIPULATION OF CONSENT. These forms are included in this packet. The Plaintiff is required to serve this Notice and the attached forms on all defendants with service of the complaint. In removal actions, the removing party shall be responsible for the service of this Notice and the attached forms.

The Local Rules and Court Forms are available on the Court's website at www.ncwd.uscourts.gov

UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF NORTH CAROLINA
) ) Plaintiff(s), ) ) vs. ) ) ) Defendant(s). ) __________________________________________)

Case No.

DISCLOSURE OF CORPORATE AFFILIATIONS AND OTHER ENTITIES WITH A DIRECT FINANCIAL INTEREST IN LITIGATION
ONLY ONE FORM NEED BE COMPLETED FOR EACH NONGOVERNMENTAL PARTY EVEN IF THE PARTY IS REPRESENTED BY MORE THAN ONE ATTORNEY. DISCLOSURES MUST BE FILED ON BEHALF OF INDIVIDUAL NONGOVERNMENTAL PARTIES AS WELL AS NONGOVERNMENTAL CORPORATE PARTIES. COUNSEL HAVE A CONTINUING DUTY TO UPDATE THIS INFORMATION. PLEASE FILE AN ORIGINAL AND ONE COPY OF THIS FORM. PLAINTIFF OR MOVING PARTY MUST SERVE THIS ON THE DEFENDANT(S) OR RESPONDENT(S) WHEN INITIAL SERVICE IS MADE. ________________________________________ who is ______________________________________, (Name of party.) (Plaintiff/moving party or defendant) makes the following disclosure: 1. 2. Is party a publicly held corporation or other publicly held entity ? ( ) Yes ( ) No Does party have any parent corporations ? ( ) Yes ( ) No If yes, identify all parent corporations, including grandparent and great-grandparent corporations:

3.

Is 10% or more of the stock of a party owned by a publicly held corporation or other publicly held entity ? ( ) Yes ( ) No If yes, identify all such owners: Is there any other publicly held corporation or other publicly held entity that has a direct financial interest in the outcome of the litigation ? ( ) Yes ( ) No If yes, identify entity and nature of interest:

4.

__________________________ (Signature)

______________________ (Date)

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF NORTH CAROLINA __________ DIVISION CIVIL NO. ____________

_______________________ _______________________ _______________________ _______________________ _______________________ _______________________ Plaintiff[s],

) ) ) ) ) ) ) ) vs. ) ) _______________________ ) _______________________ ) _______________________ ) _______________________ ) _______________________ ) _______________________ ) _______________________ ) _______________________ ) Defendant[s]. ) ______________________________)

CERTIFICATION AND REPORT OF F.R.C.P. 26(f) CONFERENCE AND DISCOVERY PLAN

Please fill in or check the appropriate blanks (print legibly) to certify completion of the Rule 26(f) Attorney's Conference and provide the required information to the Court. Where the parties were unable to agree on a specific provision or item, please so note and attach any necessary explanation. Please note that this information will be used as a guideline by the judge conducting the Initial Pretrial Conference or issuing the Initial Pretrial Order. 1. Certification of Conference. Pursuant to Fed. R. Civ. P. 26(f), a meeting was held on _____________ (date) [ ] at __________________________________ (place) or [ ] by telephone and was conducted by the undersigned counsel for the designated parties in the abovecaptioned case.

2. Pre-Discovery Disclosures. The information required by Fed. R. Civ. P. 26(a)(1) (check one) [ ] has been exchanged [ ] will be exchanged by______________(date).

3. Discovery Plan. The parties jointly propose to the court the following discovery plan: [Use separate paragraphs or subparagraphs as necessary if parties disagree.] a) All discovery shall be commenced in time to be completed by __________________________(date). [if needed] Discovery on __________________________________________ ____________________________________________________________ (identify any issues requiring early discovery) will be completed by ______________________ (date). b) Discovery Limits: 1) Maximum of _____ (ordinarily 20) interrogatories by each party to any other party . 2) Maximum of _____ (ordinarily 20) requests for admission by each party to any other party. 3) Maximum of _____ depositions by plaintiff(s) and ______ by defendant(s) (ordinarily 6 each) [or ____ by each plaintiff and _____ by each defendant]. Reports from retained experts under Rule 26(a)(2) will be due: -from plaintiff(s) by _______________________(date) -from defendant(s) by _______________________(date) Supplementations under Rule 26(e) due _______________ (list time(s) or interval(s))

c)

4.

Other Items. [Attach separate paragraphs as necessary if parties disagree.] a) The parties [ ] request [ ] do not request a conference with the court before entry of the scheduling order. b) All potentially dispositive motions should be filed by ______________ (date, ordinarily one month after the close of discovery) Settlement: [ ] is likely [ ] is unlikely [ ] cannot be evaluated prior to ____________________(date) [ ] may be enhanced by use of the following ADR procedure: [ ] Mediated Settlement Conference [ ] binding arbitration [ ] judicial settlement conference [ ] other _____________________

c)

The parties agree that the above selected ADR procedure would be most useful if conducted: [] [] [] [] [] after resolution of any outstanding dispositive motions, but prior to further discovery; after an initial round of preliminary discovery to be completed by _______________ (date); after the completion of discovery; after resolution of summary judgment motions, if any not applicable.

d)

Final lists of witnesses and exhibits under Rule 26(a)(3) are due: from plaintiff(s) by ____________(date) from defendant(s) by __________(date) If the case is ultimately tried, trial is expected to take approximately ________ days. [] The parties have discussed the issue of consent to the jurisdiction of a U.S. magistrate judge.

e)

f)

5.

Please identify any other matters regarding discovery or case management which may require the Court's attention (e.g., concerns re: confidentiality, protective orders, etc., unmovable scheduling conflicts) __________________________________________________________________ __________________________________________________________________ __________________________________________________________________ __________________________________________________________________ __________________________________________________________________ __________________________________________________________________ __________________________________________________________________

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Plaintiff's Counsel Party Date

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Defendant's Counsel PartyDate

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Plaintiff's Counsel Party Date

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Plaintiff's Counsel Party Date

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(attach additional sheets if necessary)