Free Order - District Court of California - California

Case 3:08-cv-01023-JLS-BLM

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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 (5) IT IS HEREBY ORDERED that a telephonic, attorneys-only Early Neutral Evaluation ("ENE") of your case will be held on October 1, 2008 at 1:30 p.m. The following The Court will initiate the conference call. are mandatory guidelines for the parties v. M/Y JUST A NOTION, et al., Defendants. WACHOVIA BANK, N.A., Plaintiff, ) ) ) ) ) ) ) ) ) ) Case No. 08cv1023-JLS (BLM) NOTICE AND ORDER TELEPHONIC EARLY EVALUATION CONFERENCE SETTING NEUTRAL UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA

preparing for the Early Neutral Evaluation Conference. 1. permit an Purpose of Conference: informal discussion The purpose of the ENE is to between the attorneys and the

settlement judge of every aspect of the lawsuit in an effort to achieve an early resolution of the case. All conference discussions will be informal, off the record, privileged, and confidential. 2. court Confidential ENE Statements Required: No later than five days prior to the ENE, the parties shall submit

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confidential statements no more than ten (10) pages1 in length directly to the chambers of the Honorable Barbara L. Major. These

confidential statements shall not be filed or served on opposing counsel. following: a. A brief description of the case, the claims and/or Each party's confidential statement must include the

counterclaims asserted, and the applicable defenses or position regarding the asserted claims; b. A specific and current demand or offer for settlement If a specific demand or

addressing all relief or remedies sought.

offer for settlement cannot be made at the time the brief is submitted, then the reasons therefore must be stated along with a statement as to when the party will be in a position to state a demand or make an offer; and c. A brief description of any previous settlement

negotiations, mediation sessions, or mediation efforts. General statements that a party will "negotiate in good faith" is not a specific demand or offer contemplated by this Order. is assumed that all parties will negotiate in good faith. 3. New Parties Must be Notified by Plaintiffs' Counsel: counsel shall give notice of the ENE to parties It

Plaintiffs'

responding to the complaint after the date of this notice. 4. Requests to Continue an ENE Conference: Local Rule

16.1(c) requires that an ENE take place within forty-five (45) days of the filing of the first answer. rarely granted.
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Requests to continue ENEs are

However, the Court will consider formal, written,

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The parties shall not append attachments or exhibits to the ENE

statement.

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ex parte

requests to continue an ENE conference when extraordinary Absent

circumstances exist that make a continuance appropriate.

extraordinary circumstances, requests for continuances will not be considered unless submitted in writing no fewer than seven (7) days prior to the scheduled conference.

DATED:

September 3, 2008

BARBARA L. MAJOR United States Magistrate Judge

COPY TO: HONORABLE JANIS L. SAMMARTINO U.S. DISTRICT JUDGE ALL COUNSEL

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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 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.

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