COURT COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... .. : Index No. : 1 : Plaintiff(s) 2 -against- Calendar No. JUDICIAL SUBPOENA : 3 : 4 : 5 Defendant(s) : ...................................................... 6 7 UNITED STATES BANKRUPTCY COURT THE PEOPLE OF THE STATE OF NEW YORK 8 NORTHERN DISTRICT OF CALIFORNIA TO 9 In re Case No. 10 11 Chapter GREETINGS: Debtor(s). WE COMMAND YOU, that all business and excuses being laid aside, you and each of you attend before 12 the Honorable , at the Court located at County of 13 in room , on the day of , 20 Adversary No. , at o'clock in the noon, and at any recessed or adjourned date, to testify and give evidence as a witness in this action on the part of the 14 Plaintiff(s), 15 ORDER SETTING TELEPHONIC CASE MANAGEMENT CONFERENCE vs. Your failure to comply with this subpoena is punishable as a contempt of court and will make you liable to the party on whose behalf this subpoena was issued for a maximum penalty of $50 and all damages sustained as a 17 result of your failure to comply. Defendant(s). 16 18 19 Witness, Honorable Court in County, , one of the Justices of the day of , 20 20 This action having been assigned to the undersigned Judge, IT IS HEREBY ORDERED that: 21 1. (Attorney must sign above and type name below) 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 at . Instructions for telephonic appearances Attorney(s) for 2. Participants: This order applies to counsel for all parties and those individuals 25 representing themselves. A party representing himself or Office and P.O. Address herself must comply with the provisions of 26 this order. 27 3. 28 Telephone No.: Preconference Discussion: Participants shall confer at least 21 days prior to the case Facsimile No.: management conference regarding: E-Mail Address: Mobile Tel. No.: American LegalNet, Inc. www.USCourtForms.com COURT COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... .. : : Index No. Calendar No. 1 A. 2 venue; whether the initial disclosures required by FED . R. CIV . P. 26 (a)(1) are -against: 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 Those topics identified in FED R. CIV:. P. 26(f), including jurisdiction and JUDICIAL SUBPOENA Plaintiff(s) motions; further proceedings, including setting of dates for discovery cut-off, pre-trial Defendant(s) : ...................................................... 6 and trial; prospects for settlement; and whether the case should be assigned to the 7 Bankruptcy Dispute Resolution Program; and THE PEOPLE OF THE STATE OF NEW YORK 8 B. Whether the parties are in a position to proceed productively at the case TO 9 10 11 management conference and whether a personal appearance will be made. 4. Continuances: The case management conference will not be continued without GREETINGS: leave of court. However, the case management conference may be continued for good cause shown, WE COMMAND YOU, that all business and excuses being laid aside, you and each of you attend before 12 the Honorable such as conflict with another court appearance, ongoing settlement discussions or representations by at the Court located at County of 13 counsel that the case management conference is premature. in room , on the day of , 20 , at o'clock in the noon, and at any recessed or adjourned date, to testify and give evidence as a witness in this action on the part ofprior to the case the 14 To request a continuance, a participant should submit, at least 10 days 15 management conference: Your failure to comply with this subpoenaall punishable theaaction or a declaration setting forth liable to A. A stipulation signed by is parties to as contempt of court and will make you the party on whose behalf this subpoena was issued for a maximum penalty of $50 and all damages sustained as a 17 result of your failure to comply. continuance is requested, the positions of all participants with respect to the reasons a 16 18 19 20 a continuance Witness, Honorable and proposed time frames for the continued hearing; and of the , one of the Justices Court in County, day of , 20 B. A proposed order continuing the case management conference which incorporates all other provisions of this order. THE PROPOSED ORDER SHALL (Attorney must sign above and type name below) 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 Attorney(s) for Office and P.O. Address 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. Telephone No.: 5. Appearing Personally: The court prefers Facsimile No.: participants appear by and expects that E-Mail Address: telephone. However, parties representing themselves who are not able to arrange an appearance may Mobile Tel. No.: American LegalNet, Inc. www.USCourtForms.com , COURT COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... .. : : Index No. Calendar No. 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. -against- 3 4 JUDICIAL SUBPOENA Plaintiff(s) : Counsel who have an appearance in another court at:the same time, or are conducting other 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 Defendant(s) : ...................................................... 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. THE PEOPLE OF THE STATE OF NEW YORK 8 6. Case Management Conference Statement and Proposed Discovery Plan: At least TO 9 10 11 7 days prior to the case management conference, all parties shall file, jointly or separately, a CASE MANAGEMENT CONFERENCE STATEMENT AND PROPOSED DISCOVERY PLAN with the GREETINGS: court pursuant to FED . R. CIV . P. 16(c) and 26(f). The statement shall not exceed four pages in WE COMMAND YOU, that all business and excuses being laid aside, you and each of you attend before , at the Court located at County of 13 A. A statement of the date and time that counsel conferred as required by FED . R. in room , on the day of , 20 , at o'clock in the noon, and at any recessed or adjourned date,CIV . P. 26 (f) give this order; a witness in this action on the part of the to testify and and evidence as 14 12 the Honorable length, addressing the following: 15 B. A concise statement summarizing each legal theory on which the plaintiff or Your failure to comply with this brief general statement of the facts which support this theory.liable to defendant relies and a subpoena is punishable as a contempt of court and will make you the party on whose behalf this subpoena was issued for a maximum penalty of $50 and all damages sustained as a 17 result of your failure to comply. C. The position of the parties with respect to Bankruptcy Rules 7008 and 16 18 19 20 7012(b); Witness, Honorable Court in County, D. , one of the Justices of the day of , 20 A statement of when the FED . R. CIV . P. 26 (a)(1) initial disclosures were made and whether any party objects to such disclosures; (Attorney must sign above and type name below) 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 28 The proposed discovery plan and proposed cut-off dates for discovery, Attorney(s) for Office and P.O. Address Telephone No.: Facsimile No.: more of the party’s stock. This statement shall be supplemented within a reasonable E-Mail Address: time of any change in the information. Mobile Tel. No.: American LegalNet, Inc. www.USCourtForms.com COURT COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... .. : : Index No. Calendar No. 1 THE CAPTION SHALL CONTAIN THE DATE AND TIME OF THE CASE MANAGEMENT : 2 CONFERENCE. 3 7. 4 5 -against- : 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, pursuant to : FED . R. CIV . P. 16(b) the court will enterDefendant(s) order. a scheduling : ...................................................... 6 7 JUDICIAL SUBPOENA Plaintiff(s) 8. Judgment: Final judgment shall be entered by the Bankruptcy Court unless within sixty days after the initial case management conference the court rules that this is a non-core THE PEOPLE OF THE STATE OF NEW YORK 8 proceeding and final judgment should be entered by the District Court. TO 9 10 11 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 GREETINGS: default judgment, as distinguished from the clerk’s entry of default, has been entered more than ten WE COMMAND YOU, that all business and excuses being laid aside, you and each of you attend before 12 the Honorable the date of the case management at the days prior to conference. If a default judgment has not been entered Court located at County of 13 and no appearance is made, the court will either close the case or issue an order to show cause why in room , on the day of , 20 , at o'clock in the noon, and at any recessed orthe adversary proceeding should evidence as a witness in this action on the part of the adjourned date, to testify and give not be dismissed for lack of prosecution. The order to show cause 14 15 generally will be heard within sixty days of the scheduled case management conference. Your failure to comply with Court: The case management contempt of courtproceed unless it has to 10. Contact with the this subpoena is punishable as a conference will and will make you liable the party on whose behalf this subpoena was issued for a maximum penalty of $50 and all damages sustained as a 17 result of your failure to comply.the court or the adversary proceeding has been disposed of by final order been continued by order of 16 18 19 20 (for example, byHonorable or order of dismissal). If counsel has filed timely a Justices of the Witness, a judgment , one of the request for a Court in County, day of , 20 continuance, a default judgment, or a stipulation for a judgment or a dismissal, but has not yet received the order back from the court, counsel should not contact the judge’s chambers less than 7 (Attorney must sign above and type name below) 21 days prior to the case management conference but should presume that the case management 22 conference will proceed if counsel has been contacted by Court Conference to confirm participation in 23 the conference call. 24 11. Attorney(s) for Pro Bono Services Available: Santa Clara University’s Alexander Community Law Office and P.O. Address 25 Center has established a project designed to provide representation for Chapter 7 debtors who have 26 been sued in the San Jose Division of the United States Bankruptcy Court for the Northern District 27 28 Telephone No.: Facsimile No.: of California, by companies claiming that credit card debts should be held to be non-dischargeable in E-Mail Address: bankruptcy. Mobile Tel. No.: American LegalNet, Inc. www.USCourtForms.com , COURT COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... .. : Index No. : 1 Plaintiff(s) Calendar No. : JUDICIAL SUBPOENA 2 The Program is designed to assist persons who do not have a Bankruptcy attorney - or -against: 3 whose bankruptcy attorney who filed their Chapter 7 petition will not agree to represent them in such : 4 an action. The Law Center provides free legal advice and, in some instances, representation. The : 5 6 7 Law Center cannot represent all such debtors due to income: guidelines and other limitations. Defendant(s) ...................................................... Persons who would like a free consultation, or who otherwise would like information about this Program, should contact the Law Center at (408) 288-7030 and ask to speak with Mr. Reuben THE PEOPLE OF THE STATE OF NEW YORK 8 Castillo. TO 9 10 11 Disponibilidad De Servicious Gratuitos: El Centro Comunitario Legal Alexander, cual es parte de la Universidad de Santa Clara, ha establecido un programa para representar a GREETINGS: aquellos deudores que se han declarado en bancarrota (Chapter 7) y que han sido demandados ante WE COMMAND YOU, that all business and excuses being laid aside, you and each of you attend before 12 the Honorabledel Distrito del Norte de California, en la División de San José, del Tribunal de un tribunal at the Court located at County of 13 Bancarrota de los Estados Unidos. Este programa defendería a los deudores contra compañías que in room , on the day of , 20 , at o'clock in the noon, and at any recessed ormantienen date, lastestify and give evidence as a witness in this action on the part disueltas a través de una adjourned que to deudas establecidas con tarjetas de crédito no pueden ser of the 14 15 auto- declaración de bancarrota. Your failure to comply withpara subpoena aquellas personas que no tienen un Abogado de you liable to Este programa es this ayudar a is punishable as a contempt of court and will make the party on whose behalf this subpoena was issued for a maximum penalty of $50 and all damages sustained as a 17 result of your failure to comply. Bancarrota o a aquellas personas cuyos abogado se rehúsan a representarlos en estas demandas 16 18 19 20 despuésWitness, Honorable a declararse en bancarrota. de haberles ayudado Court in County, day of El Centro Legalof the Justices of the , one provee consejos legales , 20 gratuitos y en algunos casos provee representación legal. El Centro Legal no puede representar a todos los deudores que acuden en busca de ayuda debido a que algunas personas sobrepasan un (Attorney must sign above and type name below) 21 cierto límite de ingresos o por otras razones. Las personas que deseen una consulta gratuita o que 22 deseen saber más sobre este programa pueden llamar al Centro Legal al (408) 288-7030 y preguntar 23 por el Sr. Rueben Castillo. 24 Attorney(s) for 12. Bankruptcy Dispute Resolution Program (BDRP): The Bankruptcy Dispute Office and P.O. Address 25 Resolution Program (BDRP) offers a means to resolve disputes quickly, at less cost and often 26 without the stress and pressure of litigation. Methods include mediation, negotiation, early neutral 27 28 Telephone No.: Facsimile No.: evaluation and settlement facilitation. Parties wishing assignment to the BDRP or to a judicially E-Mail Address: supervised Settlement Conference should contact Tanya Bracegirdle No.: Mobile Tel. at (408) 535-5001. The BDRP American LegalNet, Inc. www.USCourtForms.com , COURT COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... .. : : Index No. Calendar No. 1 procedures are explained in Bankruptcy Local Rule 9040-1 : seq. These procedures and a list of et 2 available resolution advocates and their resumes are available in the Clerk’s Office. -against: Plaintiff(s) 3 4 5 6 7 13. JUDICIAL SUBPOENA Service of Order: The plaintiff shall serve this telephonic case management : conference order on all parties and file proof of service with: the court. Plaintiff shall also promptly serve a copy of the Bankruptcy Dispute Resolution Program: Information Sheet on all parties. A Defendant(s) ...................................................... copy of the Bankruptcy Dispute Resolution Information Sheet is available on the court’s website at www.canb.uscourts.gov and at the Clerk’s Office. THE PEOPLE OF THE STATE OF NEW YORK 8 14. Sanctions: The failure of a party to comply timely with the provisions of this order TO 9 may result in the imposition of sanctions pursuant to Bankruptcy Rule 7016. 10 11 GREETINGS: DATED: ____________________________________ UNITED laid aside, you and each of you attend WE COMMAND YOU, that all business and excuses beingSTATES BANKRUPTCY JUDGE before 12 the Honorable , at the Court located at County of 13 in room , on the day of , 20 , at o'clock in the noon, and at any recessed or adjourned date, to testify and give evidence as a witness in this action on the part of the 14 15 Your failure to comply with this subpoena is punishable as a contempt of court and will make you liable to the party on whose behalf this subpoena was issued for a maximum penalty of $50 and all damages sustained as a 17 result of your failure to comply. 16 18 19 Witness, Honorable Court in County, , one of the Justices of the day of , 20 20 (Attorney must sign above and type name below) 21 22 Attorney(s) for 23 24 25 26 27 28 Office and P.O. Address Telephone No.: Facsimile No.: E-Mail Address: Mobile Tel. No.: American LegalNet, Inc. www.USCourtForms.com COURT COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... .. : Index No. : 1 Adversary No. 2 Plaintiff(s) -against- Calendar No. : JUDICIAL SUBPOENA : 3 : UNITED STATES BANKRUPTCY COURT 4 : FOR THE NORTHERN DISTRICT OF CALIFORNIA 5 Defendant(s) : . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 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, THE PEOPLE OF THE hereby certify: YORK San Jose, California STATE OF NEW 8 That I am familiar with the method by which items to be dispatched in official mail from the 9 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 10 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; GREETINGS: 11 That, in the performance of my duties, on excuses set forth aside, you and each ORDER WE COMMAND YOU, that all business and the datebeing laid below, I served theof you attend before 12 the Honorable TELEPHONIC CASE MANAGEMENT CONFERENCE in the above case on each SETTING , at the Court party listed below by depositing a copy of that document in a sealed envelope, addressed as set forth, located at County of 13 in the designated collection bin for franking, and mailing: TO in room , on the day of , 20 , at o'clock in the noon, and at any recessed or adjourned date, to testify and give evidence as a witness in this action on the part of the 14 15 Your failure to comply with this subpoena is punishable as a contempt of court and will make you liable to the party on whose behalf this subpoena was issued for a maximum penalty of $50 and all damages sustained as a 17 result of your failure to comply. 16 18 19 Witness, Honorable Court in County, , one of the Justices of the day of , 20 20 (Attorney must sign above and type name below) 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 Attorney(s) for 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. Office and P.O. Address I declare under penalty of perjury under the laws of the United States of America that the foregoing is true and correct. Executed on: Telephone No.: Facsimile No.: __________________________________ E-Mail Address: Clerk Mobile Tel. No.: American LegalNet, Inc. www.USCourtForms.com COURT COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... .. : : Index No. Calendar No. INSTRUCTIONS FOR TELEPHONIC CASE MANAGEMENT CONFERENCES : JUDICIAL SUBPOENA Plaintiff(s) 1. Telephone Procedures To Be Followed -against: 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 Defendant(s) . .participant's.identification. . All. participants.shown . . .the.court's .calendar 7 days prior to the case management . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . on . . . . . . . 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. THE PEOPLE OF THE STATE OF NEW YORK by Court Conference MUST return the call within 24 hours. Attorneys who are unavailable when called The decision whether or not to appear by telephone MUST be made at this time and, if non-responsive, you will not TO 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 GREETINGS: 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. WE COMMAND YOU, thatto bill its services, all bills MUST be timely paid. each of you attend before If Court Conference agrees all business and excuses being laid aside, you and , the Honorable at the Court If you have not been contacted by the second day prior to the case management conference, participants located at County of may contact Court Conference at 1-866-582-6878 to discuss procedures, confirm dates and times, etc. inParticipants must, reference thisday of and the case20 room on the , name and number when calling Court Conference. recessed , at o'clock in the noon, and at any Court, or adjourned date, to testify and give evidence as a witness in this action on the part of the 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 Your failure be billed with this subpoena is punishable as conference of court and will make you liable when called, you willto complyfor the call and the case management a contempt will proceed in the participant's to the party on whose behalf impose sanctions asissued forbelow. absence. The court may this subpoena was set forth a maximum penalty of $50 and all damages sustained as a result of your failure to comply. At the time of the case management conference you will initially be in the listening mode and able to hear the case Witness, Honorable if you were in the courtroom. After your call ,is connected to the courtroom, the before yours just as one of the Justices of the Courtroom Deputy will call the case. The Judge will ask 20 appearances and direct the manner in which the case for Court in County, day of , 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. (Attorney must sign above and type name below) 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. Attorney(s) for 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 Office and P.O. Address 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 ConferenceTelephonebill for its services and the billings are agrees to No.: Facsimile No.: not timely paid attorneys should expect a sanction of $250 to be imposed. E-Mail Address: Mobile Tel. No.: American LegalNet, Inc. www.USCourtForms.com