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Order Setting Telephonic Case Management Conference (Judge Morgan) - California
| Order Setting Telephonic Case Management Conference (Judge Morgan) Form. This is a California form and can be used in USBC Northern Federal . |
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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 This action having been assigned to the undersigned Judge, IT IS HEREBY ORDERED that: 1. Date and Time of Case Management Conference: A telephonic case management at . Instructions for telephonic appearances Defendant(s). vs. Plaintiff(s), Adversary No. ORDER SETTING TELEPHONIC CASE MANAGEMENT CONFERENCE Debtor(s). In re UNITED STATES BANKRUPTCY COURT NORTHERN DISTRICT OF CALIFORNIA Case No. Chapter conference will be held on are attached and are incorporated as part of this order. 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. 3. Preconference Discussion: Participants shall confer at least 21 days prior to the case management conference regarding: 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 4. A. Those topics identified in FED R. CIV. P. 26(f), including jurisdiction and venue; whether the initial disclosures required by FED. R. CIV. P. 26 (a)(1) are appropriate in the circumstances of the action; the nature and basis of the parties' claims and defenses; identification 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 case management conference and whether a personal appearance will be made. 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. THE PROPOSED ORDER SHALL CONTAIN THE FOLLOWING LANGUAGE: "EACH PARTY SHALL FILE AND SERVE ON ALL OTHER PARTIES AN UPDATED CASE MANAGEMENT CONFERENCE STATEMENT AT LEAST 7 DAYS BEFORE THE CASE MANAGEMENT CONFERENCE." 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.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 appear personally. If a party hires counsel shortly before the conference, and the attorney has not requested a continuance, an appearance is still required. 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 management conferences will be called in the order set forth on the calendar and counsel must be present when the case is called. Counsel who expect to seek compensation from the estate should also note that the court may not compensate personal appearances. 6. Case Management Conference Statement and Proposed Discovery Plan: At least 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 court pursuant to FED. R. CIV. P. 16(c) and 26(f). The statement shall not exceed four pages in length, addressing the following: A. A statement of the date and time that counsel conferred as required by FED. R. CIV. P. 26 (f) and 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. A statement of when the FED. R. CIV. P. 26 (a)(1) initial disclosures were made and whether any party objects to such disclosures; E. The proposed discovery plan and proposed cut-off dates for discovery, disclosure, and pre-trial motions; F. G. H. The estimated time for trial and desired trial date; and Whether alternative dispute resolution is desired by the parties. A statement by any nongovernmental corporate party to this action identifying all its parent corporations and listing any publicly-held company that owns 10% or more of the party's stock. This statement shall be supplemented within a reasonable time of any change in the information. 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 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, pursuant to FED. R. CIV. P. 16(b) the court will enter a scheduling order. 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 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 ten 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 d
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