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Certificate Of Compliance With Early Conference Of Counsel CSD 3018 - California
| Certificate Of Compliance With Early Conference Of Counsel Form. This is a California form and can be used in General USBC Southern Federal . |
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CSD 3018 [12/01/09] Name, Address, Telephone No. & I.D. No. UNITED STATES BANKRUPTCY COURT SOUTHERN DISTRICT OF CALIFORNIA 325 West F Street, San Diego, California 92101-6991 In Re BANKRUPTCY NO. Debtor. ADVERSARY NO. Plaintiff(s) v. Date & Time of Pre-Trial Status Conference: Defendants(s) Name of Judge: CERTIFICATE OF COMPLIANCE WITH EARLY CONFERENCE OF COUNSEL [LOCAL BANKRUPTCY RULE 7016-2] TO THE HONORABLE UNITED STATES BANKRUPTCY JUDGE: The parties submit the following CERTIFICATE OF COMPLIANCE WITH EARLY CONFERENCE OF COUNSEL requirements in accordance with Local Bankruptcy Rule 7016-2(c): A. PLEADINGS/SERVICE: 1. 2. Have all parties been served? Have all parties filed and served answers to the complaint, counter-complaints, etc.? Yes Yes No No B. DISCOVERY PLAN: 1. Fed. R. Bankr. P. 7026 and Local Bankruptcy Rule 7016-2 require the parties to meet within thirty (30) days after all defendants have appeared or, in cases having multiple defendants, within forty-five (45) days after the first defendant appears. The parties to this case met on . The parties have agreed to make the disclosures required by Fed. R. Bankr. P. 7026(a)(1) by (Check one) A. The parties have agreed on the discovery plan attached as Exhibit A. or B. The parties cannot agree on a discovery plan and scheduling order. The attached Exhibit A sets forth the parties' disagreements and reasons for each party's position. . 2. 3. CSD 3018 American LegalNet, Inc. www.FormsWorkFlow.com CSD 3018 (Page 2) C. [12/01/09] SETTLEMENT OR MEDIATION: 1. What is the status of settlement efforts? 2. Has this dispute been formally mediated? If so, when? 3. Has mediation been discussed with your client? (See Local Bankruptcy Rule 7016-4.) Plaintiff Defendant Yes No Yes No 4. The parties desire to go to voluntary, non-binding mediation. (See Local Bankruptcy Rule 7016-6.) They have reviewed the list of mediators on the court's website (www.casb.uscourts.gov) or obtained the list from the court and have selected the following persons subject to availability as first, second, and third choices for mediator: First Choice: Second Choice: Third Choice: Parties are requested to notify the courtroom deputy of their preferences at the time a pre-trial status conference date is obtained. D. READINESS FOR TRIAL: 1. When will you be ready for trial in this case? Plaintiff Defendant 2. If your answer to the above is more than five (5) months after the summons issued in this case, give reasons for further delay. Plaintiff Defendant 3. When do you expect to complete your discovery efforts? Plaintiff Defendant 4. What additional discovery do you require to prepare for trial? Plaintiff Defendant E. TRIAL TIME: 1. What is your estimate of the time required to present your side of the case at trial (including rebuttal stage, if applicable)? Plaintiff Defendant 2. How many witnesses do you intend to call at trial (including opposing parties)? Plaintiff Defendant 3. Are any of the witnesses considered expert witnesses (Fed. R. Evid. 702)? If so, the parties agree to identify their expert witnesses by . (See Fed. R. Bankr. P. 7026(a)(2)(C)) CSD 3018 American LegalNet, Inc. www.FormsWorkFlow.com CSD 3018 (Page 3) 4. [12/01/09] How many exhibits do you anticipate using at trial? Defendant Plaintiff 5. Are any special accommodations required for witnesses (e.g., assisted listening devices, etc.)? Check one: No Yes - Please specify: 6. Is any special equipment required for presentation of evidence? Check one: No Yes - Please specify: F. ADDITIONAL COMMENTS/RECOMMENDATIONS RE TRIAL: (Use additional page if necessary.) Dated: Dated: Firm Name Firm Name By: Name: Attorney for: By: Name: Attorney for: Local Bankruptcy Rule 7016-2(c) requires this form to be filed no later than seven (7) days after early conference of counsel together with the NOTICE OF PRE-TRIAL STATUS CONFERENCE (Local Form CSD 3019). CSD 3018 American LegalNet, Inc. www.FormsWorkFlow.com CSD 3018 (Page 4) [12/01/09] EXHIBIT A 1. DISCOVERY PLAN. The parties jointly propose to the court the following discovery plan: [Use separate paragraphs or subparagraphs as necessary if parties disagree.] Discovery will be needed on the following subjects: (brief description of subjects on which discovery will be needed) All discovery commenced in time to be completed by .] to be completed by . [Discovery on (issue for early discovery) Maximum of service.] Maximum of days after service.] Maximum of interrogatories by each party to any other part. [Responses due days after requests for admission by each party to any other party. [Responses due depositions by plaintiff(s) and by defendant(s). ] Each deposition [other than of limited to maximum of hours unless extended by agreement of parties. Reports from retained experts under Fed. R. Bank. P. 7026(a)(2) due: a) b) from plaintiff(s) by from defendant(s) by Supplementations under Fed. R. Bank. P. 7026(e) due (time(s) or interval(s) 2. OTHER ITEMS. [Use separate paragraphs or subparagraphs as necessary if parties disagree.] to join additional parties and until ). Plaintiff(s) should be allowed until to amend the pleadings. Defendant(s) should be allowed until to amend the pleadings. to join additional parties and until All potentially dispositive motions should be filed by . Final lists of witnesses and exhibits under Fed. R. Bank. P. 7026(a)(3) should be due a) b) from plaintiff(s) by from defendant(s) by days after service of final lists of witnesses and exhibits to list objections under Fed. Parties should have R. Bank. P. 7026(a)(3). [Other matters.] CSD 3018 American LegalNet, Inc. www.FormsWorkFlow.com
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