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Thomas L. Davis v. United Postal Services

June 1, 2011

THOMAS L. DAVIS,
PLAINTIFF,
v.
UNITED POSTAL SERVICES DEFENDANTS.



The opinion of the court was delivered by: Michael J. Seng U.S. Magistrate Judge

ORDER SETTING MANDATORY SCHEDULING CONFERENCE

DATE: 9/8/2011

TIME: 9:30 AM

Courtroom 6 (7th Floor)

Rule 16 of the Federal Rules of Civil Procedure requires the Court to enter a Scheduling Order within 120 days of service of the Complaint upon the defendant. Pursuant thereto, you are ORDERED to appear for a formal Scheduling Conference before United States Magistrate Judge Michael J. Seng, in Courtroom 6 at the United States Courthouse, 2500 Tulare Street, Fresno CA 93721, at the time and date specified above.

I. Service to be Complete

The Court is unable to conduct a Scheduling Conference until Defendant*fn1 has been served with the summons and complaint. Accordingly, Plaintiff shall diligently pursue service of the summons and complaint and dismiss those Defendants against whom Plaintiff will not pursue claims. Counsel are referred to Federal Rule of Civil Procedure 4 regarding the requirement of timely service of the complaint. Failure to timely serve the summons and complaint may result in the imposition of sanctions, including the dismissal of unserved Defendants. When service is effectuated, Plaintiff shall promptly file proofs of service.

II. Service of this Order

If this Order is served on counsel for Plaintiff before Defendant has appeared, counsel for the Plaintiff shall serve a copy of this Order on the Defendant, or, if identified, on Defendant's counsel, promptly upon receipt of this Order. Plaintiff's counsel also shall file an appropriate proof of such service with the Court in compliance with Rule 135 (a) of the Local Rules of Practice for the Eastern District of California.

III. Attendance at Conference

Attendance at the Scheduling Conference is mandatory for counsel and each party not represented by counsel. Though usually quite brief, some Conferences last forty-five minutes to an hour.

Only counsel who are thoroughly familiar with the facts and the law of the case and who have full authority to bind the client shall appear. Trial counsel should participate in this Scheduling Conference whenever possible.

Personal appearances are encouraged, but unless the Court orders otherwise, counsel may appear telephonically by making reservations through Court Call at 866-582-6878. Counsel are directed to send confirmation of Court Call reservations to MJSorders@caed.uscourts.gov and lyu@caed.uscourts.gov. Additionally, counsel are to indicate on the face page of their Joint Scheduling that the conference will be telephonic.

IV. Pre-Conference Meet and Confer

At least twenty (20) days prior to the Mandatory Scheduling Conference, the expected trial counsel for all parties shall conduct a conference at a time and place arranged by counsel for the Plaintiff. The parties are encouraged to hold a conference with all counsel personally present but, because of the size of the District and concern for client costs, a telephonic conference call among all counsel is permissible.

V. Settlement to be Discussed

Among other things, counsel will be expected to discuss the possibility of settlement with the Court at the Scheduling Conference. Accordingly, counsel are to throughly discuss settlement with each other before preparing the Joint Scheduling Report (discussed below) and engaging in extensive discovery. However, even if settlement negotiations are underway, the ...


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