Free ADR Scheduling Order - District Court of California - California

Case 3:07-cv—02564—CRB Document 2-2 Filed 05/15/2007 Page 1 of 4
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7 IN THE UNITED STATES DISTRICT COURT
8 FOR THE NORTHERN DISTRICT OF CALIFORNIA
9 No.
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E 11 ORDER SETTING CASE MANAGEMENT CONFERENCE
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E Q 13 The above matter having been assigned to Judge Charles R. Breyer,
g L; 14 IT IS HEREBY ORDERED, pursuant to Rule 16, Federal Rules of Civil Procedure, and
ᥤ g 15 Civil Local rule 16, that a case management conference will be held before Judge Charles R. Breyer
in g 16 on Friday, at 8:30 a.m., in Courtroom 8, 19th floor, 450 Golden Gate
FE E 17 Avenue, San Francisco, California.
D 18 Lead trial counsel shall meet and confer not less than thirty (30) days in advance of the
19 conference and shall file a joint case management statement in the form contained in the Civil Local
20 rules as supplemented by this order not less than ten (10) days in advance of the conference.
21 If the conference is inconveniently scheduled, it may be rescheduled by stipulation and order
22 to another date or time convenient to the Court’s calendar. ‘
23 At the conclusion of the conference, an order will be entered setting dates either for a further
24 case management conference, or for close of discovery, pre-trial conference, and trial. Other orders
25 regulating and controlling future proceedings may be entered.
26 P1aintiff(s) shall serve copies of this order at once on all parties to this action, and on any
27 parties subsequently joined, in accordance with Federal Rules of Civil Procedure 4 and 5. Following
28 service, plaintiff(s) shall file a certificate of service with the Clerk of this Court.

Case 3:07-cv—02564—CRB Document 2-2 Filed 05/15/2007 Page 2 of 4
1 SUPPLEMENTAL TO INITIAL CASE MANAGEMENT STATEMENT
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3 l. At the initial case management conference, the parties or at least one attorney of
4 record for each party must appear in person. See FRCP 26(f) ; Civil LR 16-1 0(a).
5 2. The case management statement may not exceed ten pages. It should briefly describe
6 the parties’ controversy. Any party seeking damages must set forth in the statement
7 the amount sought and the basis for its calculation.
8 3. lf the case was removed from a state court, and the applicable state law has not
9 required the parties to make an express demand for a jury trial at the time of removal,
10 any party claiming right to a jury trial must make the request therefor within ten days
{ 11 after service of the notice of removal. FRCP 81 (c). U ‘
5 12 4. NOTICE TO PRO SE LITIGANTS IN NON-PRISONER ACTIONS:
jg E 13 If you are proceeding in this lawsuit without an attorney, then the following
fg tg 14 directives apply to you in the prosecution of your case.
§ E 15 The court hereby ORDERS you to comply with the service requirements of
£ E 16 Rule 4 of the Federal Rules of Civil Procedure as set forth below. Failure to follow
E E 17 the procedures set forth in this order may result, under Rule 4 (m), in dismissal of
D 18 your case.
19 ` It is your responsibility to obtain a valid summons from the clerk and to
20 effect service of the summons and complaint on all defendants in accordance with
21 Rule 4 of the Federal Rules of Civil Procedure. If you have named the United States
22 government, a federal agency, a federal official or a federal employee as a defendant,
23 you must comply with the special requirements of Rule 4 (i).
24 Service may be effected by any person who is not a party and who is at least
25 18 years of age, which means that you, as a party, may greffect service. If service of
26 the summons and complaint is not made upon a defendant within 120 days after the
27 filing of the complaint, your action will, under Rule 4 (rn), be dismissed as to that
28 defendant.
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Case 3:07-cv-02564-CRB Document 2-2 Filed 05/15/2007 Page 3 of 4
1 Within 125 days after the tiling of the complaint, you must file proof
2 of service indicating which defendants were served within the 120 days allowed
3 under Rule 4 (m) and showing, in accordance with Rule 4 (1), how each of those
4 defendants was served (for example, by attaching appropriate certificates of
5 service). You must also show cause why a defendant not served within the 120
6 days allowed under Rule 4 (m) should not be dismissed without prejudice. Failure
7 to do these things within the designated time will result in the dismissal of your case
8 under Rule 4 (m) and Rule 41 (b).
9 5. NOTICE FOR AMERICANS WITH DISABILITIES ACT LITIGATION:
10 If this action seeks accommodation or other relief, including attorney fees,
t 11 pursuant to Title III of the Americans with Disabilities Act, 42 USC § 12191-
g 12 89, the court ORDERS, pursuant to FRCP 16, the following:
jg $5 13 a. Each plaintiff shall, pursuant to FRCP 4 (m), forthwith complete
ig ig 14 service on any unserved defendant;
3)}, g 15 b. Discovery, except for initial disclosures required by FRCP 26 (a), and
fi Ei 16 ' all other proceedings are until further order STAYED;
sg E 17 c. lf not previously done, each plaintiff shall forthwith serve upon each
D 18 defendant a demand for accormnodation and statement of attorney fees
19 incurred to date (42 USC § 12205; Hensly v Eckerhart, 461 US 424,
20 429-30, 433-37 (1983));
21 d. Each defendant shall, no later than the date for the conference of the
22 parties speciiied above, serve a response to the demand for
23 accommodation;
24 e. The joint case management statement shall contain, in addition to the
25 information called for by FRCP 26 (i), the information set forth in
26 paragraphs c and d.
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Case 3:07-cv-02564-CRB Document 2-2 Filed 05/15/2007 Page 4 of 4
1 Sanctions. FAILURE TO COMPLY WITH THIS ORDER may be deemed
2 sufficient grounds for dismissal of this cause, default or other appropriate sanctions. See Federal
3 Rules of Civil Procedure 16(D, 41 (b); Civ LR 1-4.
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5 IT IS SO ORDERED.
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9 Dated: June 22, 2004
ES R. BREYER
10 UNITED STATES DISTRICT JUDGE
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