1 2 3 4 5 6 7 8 UNITED STATES BANKRUPTCY COURT 9 NORTHERN DISTRICT OF CALIFORNIA 10 11 In re Case No. 12 13 Debtor(s),/ 14 Adversary No. 15 16 17 Plaintiff(s) vs. ORDER SETTING CASE MANAGEMENT CONFERENCE IN SALINAS 18 19 20 21 22 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 23 conference will be held on [insert date] at [insert time], at Room 214, The Quadrangle, 1000 24 S. Main Street, Salinas, California. 25 2. Participants: This order applies to counsel for all parties and those individuals 26 representing themselves. A party representing himself or herself must comply with the 27 provisions of this order. 28 1 2002 © American LegalNet, Inc. 1 2 3. Preconference Discussion: Participants shall confer at least 14 days prior to the case management conference regarding: 3 A. Jurisdiction and venue; the substance of the parties’ claims and defenses and 4 the definition of genuinely controverted issues; anticipated motions; further 5 proceedings, including setting of dates for discovery cut-off, pre-trial and 6 trial; prospects for settlement; and whether the case should be assigned to 7 the Bankruptcy Dispute Resolution Program; and 8 B. 9 telephonic case management conference and whether a personal appearance 10 11 Whether the parties are in a position to proceed productively at the will be made. 4. Continuances: The case management conference will not be continued without 12 leave of court. However, the case management conference may be continued for good cause 13 shown, such as conflict with another court appearance, ongoing settlement discussions or 14 representations by counsel that the case management conference is premature. 15 To request a continuance, a participant should submit, at least 10 days prior to the 16 case management conference: 17 A. A stipulation signed by all parties to the action or a declaration setting forth 18 the reasons a continuance is requested, the positions of all participants with 19 respect to a continuance and proposed time frames for the continued 20 hearing; and 21 B. 22 incorporates all other provisions of this order. 23 24 25 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’s experience has been that most participants 26 appear by telephone. However, some parties representing themselves choose to appear in 27 person. Accordingly, the Court will have ConferenceCallService contact all participants and 28 2 2002 © American LegalNet, Inc. 1 offer them the option to appear telephonically. If a participant wants to appear in person, he/she 2 should simply advise ConferenceCallService of that fact. The participant shall then appear in 3 person at the case management conference in Salinas on [insert date] at [insert time]. If a party 4 hires counsel shortly before the conference, and the attorney has not requested a continuance, an 5 appearance is still required. 6 7 8 9 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 10 CONFERENCE STATEMENT with the court, not to exceed four pages in length, addressing the 11 following: 12 A. 13 A statement of the date and time that counsel conferred as required by this order; 14 B. A concise statement summarizing each legal theory on which the plaintiff or 15 defendant relies and a brief general statement of the facts which support this 16 theory; 17 C. 18 The position of the parties with respect to Bankruptcy Rules 7008 and 7012(b); 19 D. 20 Proposed discovery and proposed cut-off dates for discovery and pre-trial motions; 21 E. The estimated time for trial and desired trial date; and 22 F. Whether alternative dispute resolution is desired by the parties. 23 THE CAPTION SHALL CONTAIN THE DATE AND TIME OF THE CASE MANAGEMENT 24 CONFERENCE. 25 7. Scheduling Order: At the case management conference, dates will be established, 26 such as for the close of discovery, for a trial setting conference, or for trial. Thereafter, the court 27 will enter a scheduling order. 28 3 2002 © American LegalNet, Inc. 1 8. Judgment: Final judgment shall be entered by the Bankruptcy Court unless within 2 60 days after the initial case management conference the court rules that this is a non-core 3 proceeding and final judgment should be entered by the District Court. 4 9. Failure of Defendant(s) to Appear: In the event the defendant(s) has 5 not appeared in the action, the plaintiff should nonetheless go forward with the case management 6 conference unless a default judgment, as distinguished from the clerk’s entry of default, has been 7 entered more than 10 days prior to the date of the case management conference. If a default 8 judgment has not been entered and no appearance is made, the court will either close the case or 9 issue an order to show cause why the adversary proceeding should not be dismissed for lack of 10 prosecution. The order to show cause generally will be heard within sixty days of the scheduled 11 case management conference. 12 10. Contact with the Court: The case management conference will proceed 13 unless it has been continued by order of the court or the adversary proceeding has been disposed 14 of by final order. Any questions as to whether a matter has been disposed of by final order 15 should be addressed to Tanya Bracegirdle who can be reached by calling 408.535.5001. Please 16 note that merely advising the Court orally or in writing that a matter has been settled or a Court 17 order authorizing the Trustee or the Debtor to enter into a settlement agreement or even a Court 18 order approving a settlement agreement are usually insufficient to remove a matter from the 19 Court’s Case Management Calendar. There typically needs to be a judgment, an order 20 dismissing the case, or an order stating that the case shall be closed (because the parties require 21 no further action by the Court). The judgment (s) or order(s) (or combination thereof) should 22 deal with all parties to the case. 23 If counsel has filed timely a request for a continuance, a default judgment, or a stipulation 24 for a judgment or dismissal, but has not yet received the order back from the court, counsel 25 should not contact the judge’s chambers less than 7 days prior to the case management 26 conference but should presume that the case management conference will proceed if counsel has 27 been contacted by Court Conference to confirm participation in the conference call. 28 4 2002 © American LegalNet, Inc. 1 11. Bankruptcy Dispute Resolution Program: The Bankruptcy Dispute Resolution 2 Program (BDRP) offers a means to resolve disputes quickly, at less cost and often without the 3 stress and pressure of litigation. Methods include mediation, negotiation, early neutral evaluation 4 and settlement facilitation. Parties wishing assignment to the BDRP or to a judicially supervised 5 Settlement Conference should contact Tanya Bracegirdle at (408) 535-5001. The BDRP 6 procedures are explained in B.L.R. 9040-1 et seq. A list of available Resolution Advocates and 7 their resumes are available at the Clerk’s Office. 8 9 10 11 11. Service of Order: The plaintiff shall serve this case management conference order on all parties and file proof of service with the court. 12. 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. 12 13 DATED: 14 UNITED STATES BANKRUPTCY JUDGE 15 16 17 18 19 20 21 22 23 24 25 26 27 28 rev. 12/20/01 5 2002 © American LegalNet, Inc.