1 2 3 4 5 6 7 UNITED STATES BANKRUPTCY COURT 8 NORTHERN DISTRICT OF CALIFORNIA 9 In re Case No. 10 Chapter 11 Debtor(s). 12 13 Adversary No. 14 15 Plaintiff(s), ORDER SETTING TELEPHONIC CASE MANAGEMENT CONFERENCE vs. 16 17 Defendant(s). 18 19 20 This action having been assigned to the undersigned Judge, IT IS HEREBY ORDERED that: 21 1. Date and Time of Case Management Conference: A telephonic case management 22 conference will be held on 23 are attached and are incorporated as part of this order. 24 2. at . Instructions for telephonic appearances Participants: This order applies to counsel for all parties and those individuals 25 representing themselves. A party representing himself or herself must comply with the provisions of 26 this order. 27 3. 28 Preconference Discussion: Participants shall confer at least 21 days prior to the case management conference regarding: American LegalNet, Inc. www.FormsWorkflow.com 1 A. 2 venue; whether the initial disclosures required by FED. R. CIV. P. 26 (a)(1) are 3 appropriate in the circumstances of the action; the nature and basis of the parties’ 4 claims and defenses; identification of genuinely controverted issues; anticipated 5 motions; further proceedings, including setting of dates for discovery cut-off, pre-trial 6 and trial; prospects for settlement; and whether the case should be assigned to the 7 Bankruptcy Dispute Resolution Program; and 8 B. 9 management conference and whether a personal appearance will be made. 10 4. Those topics identified in FED R. CIV. P. 26(f), including jurisdiction and Whether the parties are in a position to proceed productively at the case Continuances: The case management conference will not be continued without 11 leave of court. However, the case management conference may be continued for good cause shown, 12 such as conflict with another court appearance, ongoing settlement discussions or representations by 13 counsel that the case management conference is premature. 14 15 To request a continuance, a participant should submit, at least 10 days prior to the case management conference: 16 A. 17 the reasons a continuance is requested, the positions of all participants with respect to 18 a continuance and proposed time frames for the continued hearing; and 19 B. 20 incorporates all other provisions of this order. THE PROPOSED ORDER SHALL 21 CONTAIN THE FOLLOWING LANGUAGE: “EACH PARTY SHALL FILE AND 22 SERVE ON ALL OTHER PARTIES AN UPDATED CASE MANAGEMENT 23 CONFERENCE STATEMENT AT LEAST 7 DAYS BEFORE THE CASE 24 MANAGEMENT CONFERENCE.” 25 26 27 28 A stipulation signed by all parties to the action or a declaration setting forth A proposed order continuing the case management conference which 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 prefers and expects that participants appear by telephone. However, parties representing themselves who are not able to arrange an appearance may American LegalNet, Inc. www.FormsWorkflow.com 1 appear personally. If a party hires counsel shortly before the conference, and the attorney has not 2 requested a continuance, an appearance is still required. 3 Counsel who have an appearance in another court at the same time, or are conducting other 4 business in the courthouse can appear personally. However, counsel should note that the case 5 management conferences will be called in the order set forth on the calendar and counsel must be 6 present when the case is called. Counsel who expect to seek compensation from the estate should 7 also note that the court may not compensate personal appearances. 8 6. Case Management Conference Statement and Proposed Discovery Plan: At least 9 7 days prior to the case management conference, all parties shall file, jointly or separately, a CASE 10 MANAGEMENT CONFERENCE STATEMENT AND PROPOSED DISCOVERY PLAN with the 11 court pursuant to FED. R. CIV. P. 16(c) and 26(f). The statement shall not exceed four pages in 12 length, addressing the following: 13 A. 14 CIV. P. 26 (f) and this order; 15 B. 16 defendant relies and a brief general statement of the facts which support this theory. 17 C. 18 7012(b); 19 D. 20 made and whether any party objects to such disclosures; 21 E. 22 disclosure, and pre-trial motions; 23 F. The estimated time for trial and desired trial date; and 24 G. Whether alternative dispute resolution is desired by the parties. 25 H. A statement by any nongovernmental corporate party to this action identifying 26 all its parent corporations and listing any publicly-held company that owns 10% or 27 more of the party’s stock. This statement shall be supplemented within a reasonable 28 time of any change in the information. A statement of the date and time that counsel conferred as required by FED. R. A concise statement summarizing each legal theory on which the plaintiff or The position of the parties with respect to Bankruptcy Rules 7008 and A statement of when the FED. R. CIV. P. 26 (a)(1) initial disclosures were The proposed discovery plan and proposed cut-off dates for discovery, American LegalNet, Inc. www.FormsWorkflow.com 1 THE CAPTION SHALL CONTAIN THE DATE AND TIME OF THE CASE MANAGEMENT 2 CONFERENCE. 3 7. Scheduling Order: At the case management conference, dates will be established, 4 such as for the close of discovery, for a trial setting conference, or for trial. Thereafter, pursuant to 5 FED. R. CIV. P. 16(b) the court will enter a scheduling order. 6 8. Judgment: Final judgment shall be entered by the Bankruptcy Court unless within 7 sixty days after the initial case management conference the court rules that this is a non-core 8 proceeding and final judgment should be entered by the District Court. 9 9. Failure of Defendant(s) to Appear: In the event the defendant(s) has not appeared 10 in the action, the plaintiff should nonetheless go forward with the case management conference 11 unless a default judgment, as distinguished from the clerk’s entry of default, has been entered more 12 than ten days prior to the date of the case management conference. If a default judgment has not 13 been entered and no appearance is made, the court will either close the case or issue an order to 14 show cause why the adversary proceeding should not be dismissed for lack of prosecution. The 15 order to show cause generally will be heard within sixty days of the scheduled case management 16 conference. 17 10. Contact with the Court: The case management conference will proceed unless it has 18 been continued by order of the court or the adversary proceeding has been disposed of by final order 19 (for example, by a judgment or order of dismissal). If counsel has filed timely a request for a 20 continuance, a default judgment, or a stipulation for a judgment or a dismissal, but has not yet 21 received the order back from the court, counsel should not contact the judge’s chambers less than 7 22 days prior to the case management conference but should presume that the case management 23 conference will proceed if counsel has been contacted by Court Conference to confirm participation in 24 the conference call. 25 11. Pro Bono Services Available: Santa Clara University’s Alexander Community Law 26 Center has established a project designed to provide representation for Chapter 7 debtors who have 27 been sued in the San Jose Division of the United States Bankruptcy Court for the Northern District 28 of California, by companies claiming that credit card debts should be held to be non-dischargeable in American LegalNet, Inc. www.FormsWorkflow.com 1 bankruptcy. 2 3 The Program is designed to assist persons who do not have a Bankruptcy attorney - or 4 whose bankruptcy attorney who filed their Chapter 7 petition will not agree to represent them in 5 such an action. The Law Center provides free legal advice and, in some instances, representation. 6 The Law Center cannot represent all such debtors due to income guidelines and other limitations. 7 Persons who would like a free consultation, or who otherwise would like information about this 8 Program, should contact the Law Center at (408) 288-7030 and ask to speak with Mr. Reuben 9 Castillo. Disponibilidad De Servicious Gratuitos: El Centro Comunitario Legal Alexander, 10 11 cual es parte de la Universidad de Santa Clara, ha establecido un programa para representar a 12 aquellos deudores que se han declarado en bancarrota (Chapter 7) y que han sido demandados ante 13 un tribunal del Distrito del Norte de California, en la División de San José, del Tribunal de 14 Bancarrota de los Estados Unidos. Este programa defendería a los deudores contra compañías que 15 mantienen que las deudas establecidas con tarjetas de crédito no pueden ser disueltas a través de una 16 auto- declaración de bancarrota. 17 Este programa es para ayudar a aquellas personas que no tienen un Abogado de 18 Bancarrota o a aquellas personas cuyos abogado se rehúsan a representarlos en estas demandas 19 después de haberles ayudado a declararse en bancarrota. 20 gratuitos y en algunos casos provee representación legal. El Centro Legal no puede representar a 21 todos los deudores que acuden en busca de ayuda debido a que algunas personas sobrepasan un 22 cierto límite de ingresos o por otras razones. Las personas que deseen una consulta gratuita o que 23 deseen saber más sobre este programa pueden llamar al Centro Legal al (408) 288-7030 y preguntar 24 por el Sr. Rueben Castillo. 25 12. El Centro Legal provee consejos legales Bankruptcy Dispute Resolution Program (BDRP): The Bankruptcy Dispute 26 Resolution Program (BDRP) offers a means to resolve disputes quickly, at less cost and often 27 without the stress and pressure of litigation. Methods include mediation, negotiation, early neutral 28 evaluation and settlement facilitation. Parties wishing assignment to the BDRP or to a judicially American LegalNet, Inc. www.FormsWorkflow.com 1 supervised Settlement Conference should contact Carol Barnhill at (408) 535-5002. The BDRP 2 procedures are explained in Bankruptcy Local Rule 9040-1 et seq. These procedures and a list of 3 available resolution advocates and their resumes are available in the Clerk’s Office. 4 13. Service of Order: The plaintiff shall serve this telephonic case management 5 conference order on all parties and file proof of service with the court. Plaintiff shall also promptly 6 serve a copy of the Bankruptcy Dispute Resolution Program Information Sheet on all parties. A 7 copy of the Bankruptcy Dispute Resolution Information Sheet is available on the court’s website at 8 www.canb.uscourts.gov and at the Clerk’s Office. 9 10 14. Sanctions: The failure of a party to comply timely with the provisions of this order may result in the imposition of sanctions pursuant to Bankruptcy Rule 7016. 11 12 DATED: ____________________________________ UNITED STATES BANKRUPTCY JUDGE 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 American LegalNet, Inc. www.FormsWorkflow.com 1 Adversary No. 2 3 UNITED STATES BANKRUPTCY COURT 4 FOR THE NORTHERN DISTRICT OF CALIFORNIA 5 CERTIFICATE OF SERVICE 6 7 I, the undersigned, a regularly appointed and qualified Clerk in the office of the Bankruptcy Judges of the United States Bankruptcy Court for the Northern District of California, San Jose, California hereby certify: 8 9 10 That I am familiar with the method by which items to be dispatched in official mail from the Clerk's Office of the United States Bankruptcy Court in San Jose, California processed on a daily basis: all such items are placed in a designated bin in the Clerk's office in a sealed envelope bearing the address of the addressee, from which they are collected at least daily, franked, and deposited in the United States Mail, postage pre-paid, by the staff of the Clerk's Office of the Court; 11 12 13 That, in the performance of my duties, on the date set forth below, I served the ORDER SETTING TELEPHONIC CASE MANAGEMENT CONFERENCE in the above case on each party listed below by depositing a copy of that document in a sealed envelope, addressed as set forth, in the designated collection bin for franking, and mailing: 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 In addition, I am familiar with the Court's agreed procedure for service on the United States Trustee, by which a copy of any document to be served on that agency is left in a designated bin in the Office of the Clerk, which bin is collected on a daily basis by the United States Trustee's representative. In addition to placing the above envelopes in the distribution bin for mailing, I placed a copy of the ORDER SETTING TELEPHONIC CASE MANAGEMENT CONFERENCE in the United States Trustee's collection bin on the below date. I declare under penalty of perjury under the laws of the United States of America that the foregoing is true and correct. Executed on: __________________________________ Clerk American LegalNet, Inc. www.FormsWorkflow.com INSTRUCTIONS FOR TELEPHONIC CASE MANAGEMENT CONFERENCES 1. Telephone Procedures To Be Followed Telephonic appearances for case management conferences will be arranged through Court Conference. Court Conference is an independent conference call company that arranges conference calls on a national and international basis for business. Participants will be contacted at the telephone number set forth at the top of the pleading with the participant's identification. All participants shown on the court's calendar 7 days prior to the case management conference will be contacted by Court Conference at least two days prior to the case management conference to confirm participation in the conference call and payment arrangements. Attorneys who are unavailable when called by Court Conference MUST return the call within 24 hours. The decision whether or not to appear by telephone MUST be made at this time and, if non-responsive, you will not be added to the call at the last minute. Do not argue with Court Conference or request special treatment. Court Conference's function is no more than to offer you the opportunity to appear by telephone. Your election to appear by telephone constitutes your agreement for telephonic appearances. The cost of appearing telephonically is $40.00. Court Conference will arrange payment by the participant either through the use of a major credit card or, in the case of attorneys, may offer to bill for its service. If Court Conference agrees to bill its services, all bills MUST be timely paid. If you have not been contacted by the second day prior to the case management conference, participants may contact Court Conference at 1-866-582-6878 to discuss procedures, confirm dates and times, etc. Participants must reference this Court, and the case name and number when calling Court Conference. At the time of the scheduled telephonic case management conference, Court Conference will contact the participant as prearranged. Court Conference may initiate calls to some participants on a delayed basis to minimize waiting time. All participants MUST be available when called. If the participant is not available when called, you will be billed for the call and the case management conference will proceed in the participant's absence. The court may impose sanctions as set forth below. At the time of the case management conference you will initially be in the listening mode and able to hear the case before yours just as if you were in the courtroom. After your call is connected to the courtroom, the Courtroom Deputy will call the case. The Judge will ask for appearances and direct the manner in which the case management conference proceeds. Each time a participant speaks, he or she must identify himself or herself for the record. When the Judge informs the participants that the hearing is completed, the participants may disconnect and the next case will be called. Telephonic appearances are connected directly with the courtroom's public address system and electronic recording equipment so that a normal record is produced. To ensure a quality record, the use of car phones, public telephone booths, or phones in other public places is prohibited except in the most extreme emergencies. Participants should be able to hear all parties without difficulty or echo. The system also allows more than one speaker to be heard so that the Judge can interrupt a speaker to ask a question or redirect the discussion. 2. Sanctions Telephonic appearances by multiple participants are only possible where there is compliance with every procedural requirement. Sanctions may be imposed when there is any deviation. Sanctions may include dropping the matter from the calendar, continuing the hearing, proceeding in the absence of an unavailable participant, or a monetary sanction of $100 or more. Where Court Conference agrees to bill for its services and the billings are not timely paid attorneys should expect a sanction of $250 to be imposed. American LegalNet, Inc. www.FormsWorkflow.com