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 Defendant(s),/ This action having been assigned to the undersigned Judge, IT IS HEREBY ORDERED: 1. Date and Time of Case Management Conference: A case management at , at Room 214, The Quadrangle, 1000 vs. Plaintiff(s) ORDER SETTING CASE MANAGEMENT CONFERENCE IN SALINAS Debtor(s),/ Adversary No. In re Case No. UNITED STATES BANKRUPTCY COURT NORTHERN DISTRICT OF CALIFORNIA conference will be held on S. Main Street, Salinas, California. 2. Participants: This order applies to counsel for all parties and those individuals representing themselves. A party representing himself or herself must comply with the provisions of this order. 1 American LegalNet, Inc. www.USCourtForms.com 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 3. Preconference Discussion: Participants shall confer at least 14 days prior to the case management conference regarding: A. Jurisdiction and venue; the substance of the parties' claims and defenses and the definition of genuinely controverted issues; anticipated motions; further proceedings, including setting of dates for discovery cut-off, pre-trial and trial; prospects for settlement; and whether the case should be assigned to the Bankruptcy Dispute Resolution Program; and B. Whether the parties are in a position to proceed productively at the telephonic case management conference and whether a personal appearance will be made. 4. Continuances: The case management conference will not be continued without leave of court. However, the case management conference may be continued for good cause shown, such as conflict with another court appearance, ongoing settlement discussions or representations by counsel that the case management conference is premature. To request a continuance, a participant should submit, at least 10 days prior to the case management conference: A. A stipulation signed by all parties to the action or a declaration setting forth the reasons a continuance is requested, the positions of all participants with respect to a continuance and proposed time frames for the continued hearing; and B. A proposed order continuing the case management conference which incorporates all other provisions of this order. If a request for a continuance has not been filed at least 10 days prior to the case management conference, the case management conference will go forward. 5. Appearing Personally: The court's experience has been that most participants appear by telephone. However, some parties representing themselves choose to appear in person. Accordingly, the Court will have ConferenceCallService contact all participants and 2 American LegalNet, Inc. www.USCourtForms.com 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 offer them the option to appear telephonically. If a participant wants to appear in person, he/she should simply advise ConferenceCallService of that fact. The participant shall then appear in person at the case management conference in Salinas on [insert date] at [insert time]. If a party hires counsel shortly before the conference, and the attorney has not requested a continuance, an appearance is still required. Counsel should note that the case management conferences will be called in the order set forth on the calendar and counsel must be present when the case is called. 6. Case Management Conference Statements: At least 7 days prior to the case management conference, all parties shall file, jointly or separately, a CASE MANAGEMENT CONFERENCE STATEMENT with the court, not to exceed four pages in length, addressing the following: A. A statement of the date and time that counsel conferred as required by this order; B. A concise statement summarizing each legal theory on which the plaintiff or defendant relies and a brief general statement of the facts which support this theory; C. The position of the parties with respect to Bankruptcy Rules 7008 and 7012(b); D. Proposed discovery and proposed cut-off dates for discovery and pre-trial motions; E. F. The estimated time for trial and desired trial date; and Whether alternative dispute resolution is desired by the parties. THE CAPTION SHALL CONTAIN THE DATE AND TIME OF THE CASE MANAGEMENT CONFERENCE. 7. Scheduling Order: At the case management conference, dates will be established, such as for the close of discovery, for a trial setting conference, or for trial. Thereafter, the court will enter a scheduling order. 3 American LegalNet, Inc. www.USCourtForms.com 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 8. Judgment: Final judgment shall be entered by the Bankruptcy Court unless within 60 days after the initial case management conference the court rules that this is a non-core proceeding and final judgment should be entered by the District Court. 9. Failure of Defendant(s) to Appear: In the event the defendant(s) has not appeared in the action, the plaintiff should nonetheless go forward with the case management conference unless a default judgment, as distinguished from the clerk's entry of default, has been entered more than 10 days prior to the date of the case management conference. If a default judgment has not been entered and no appearance is made, the court will either close the case or issue an order to show cause why the adversary proceeding should not be dismissed for lack of prosecution. The order to show cause generally will be heard within sixty days of the scheduled case management conference. 10. Contact with the Court: The case management conference will proceed unless it has been continued by order of the court or the adversary proceeding has been disposed of by final order. Any questions as to whether a matter has been disposed of by final order should be addressed to Tanya Bracegirdle who can be reached by calling 408.535.5001. Please note that merely advising the Court orally or in writing that a matter has been settled or a Court order authorizing the Trustee or the Debtor to enter into a settlement agreement or even a Court order approving a settlement agreement are usually insufficient to remove a matter from the Court's Case Management Calendar. There typically needs to be a judgment, an order dismissing the case, or an order stating that the case shall be closed (because the parties require no further action by the Court). The judgment (s) or order(s) (or combination thereof) should deal with all parties to the