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Clifton v. Byrd

December 17, 2008

OSCAR A. CLIFTON, PLAINTIFF,
v.
BOB EDWARD BYRD, TULARE COUNTY SHERIFF'S OFFICER, ET AL., DEFENDANTS.



The opinion of the court was delivered by: Hon. Sandra M. Snyder United States Magistrate Judge

ORDER SETTING MANDATORY SCHEDULING CONFERENCE REQUIRING THE PARTIES TO CONFER PURSUANT TO F.R.CIV.P. 26(f) DATE: 4/27/09 TIME: 9:30 AM CTRM: 7 ~ 6th Floor

Pursuant to the telephone inquires of Attorney Gavin Masuda, and in light of the pending Motion to Dismiss (Doc. 31) set for hearing on December 22, 2008 at 1:30p.m. in Courtroom No. 2 on the Eighth Floor before the Honorable Anthony W. Ishii, United States District Judge, a Mandatory Scheduling Conference is hereby set for April 27, 2009 at 9:30 a.m. before Judge Snyder.

Fed.R.Civ.P. 26(f) requires that, no later than 21 days before the Scheduling Conference, the parties must "...confer to consider the nature and basis of their claims and defenses and the possibilities for a prompt settlement or resolution of the case, to make or arrange for the disclosures required by Rule 26(a)(1), and to develop a proposed discovery plan."

Fed.R.Civ.P. 26(d) provides that, unless authorized by F.R.Civ.P. or by order or agreement of the parties, no party may seek discovery from any source before the parties have conferred as required by Rule 26(f).

Fed.R.Civ.P. 26(a)(1) requires that, without waiting for a discovery request, a party must provide to other parties:

(1) the name, address, and telephone number of each individual likely to have discoverable information that the disclosing party may use to support its claims or defenses identifying the subjects of the information;

(2) a copy of, or a description by category and location of, all documents, data compilations, and tangible things that are in the possession, custody, or control of the party, and that the disclosing party may use to support its claims or defenses;

(3) a computation of any category of damages claimed by the disclosing party, making available for inspection and copying as under Rule 34 the documents or other evidentiary material on which such computation is based, including materials bearing on the nature and extent of injuries suffered; and,

(4) for inspection and copying as under Rule 34 any insurance agreement under which any person carrying on an insurance business can be liable to satisfy part or all of a judgment which may be entered in the action or to indemnify or reimburse for payments made to satisfy the judgment.

Attendance at the Scheduling Conference is mandatory upon each party not represented by counsel or, alternatively, by retained counsel. Only counsel who are thoroughly familiar with the facts and law of the instant case, and who have full authority to bind the client, shall appear. Trial counsel should participate in this Scheduling Conference whenever possible. It may be necessary for counsel to spend as much as 30-45 minutes in this Conference.

A Joint Scheduling Report, carefully and completely prepared and executed by all counsel, shall be electronically filed in CM/ECF, in full compliance with the requirements set forth in Exhibit "A" below, one (1) full week prior to the Scheduling Conference, and shall be e!mailed, in WordPerfect or Word format, to smsorders@caed.uscourts.gov.

EXHIBIT "A"

At least twenty (20) days prior to the Scheduling Conference, actual trial counsel for all parties shall conduct and conclude a conference at a time and place arranged by counsel for plaintiff(s). This conference shall preferably be a personal conference between counsel but, due to the distance involved in this District, a telephonic conference involving all counsel is permissible. The Joint Scheduling Report shall respond to the following items by corresponding number paragraphs:

1. Summary of the factual and legal contentions set forth in the pleadings of each party, including the relief sought by any ...


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