The opinion of the court was delivered by: Sheila K. Oberto U.S. Magistrate Judge
DATE:January 10, 2012 TIME:09:45 AM
ORDER SETTING MANDATORY SCHEDULING CONFERENCE
Rule 16, Fed.R.Civ.P., requires the Court to enter a Scheduling Conference Order within 120 days of the date of the Complaint being served upon the defendant. Therefore, it is ordered that you appear for a formal Scheduling Conference before United States Magistrate Judge Sheila K. Oberto, in Courtroom 8 at the United States Courthouse, 2500 Tulare Street , Fresno, CA 93721.
The Court is unable to conduct a scheduling conference until the defendant(s) has/have been served with the summons and complaint. Accordingly, plaintiff(s) shall diligently pursue service of summons and complaint and dismiss those defendants against whom plaintiff(s) will not pursue claims. Plaintiff(s) shall promptly file proofs of
of service of the summons and complaint so the Court has a record of service. Counsel are referred to Fed.R.Civ.P., Rule 4, regarding the requirement of timely service of the complaint. Failure to timely serve summons and complaint may result in the imposition of sanctions, including dismissal of unserved defendants.
Due to the mandates of Rule 16, this Order may be served upon counsel for the plaintiff(s) before appearances of defendant(s) are due. It is the obligation of counsel for the plaintiff(s) to serve a copy of this Order on the defendant(s), or, if identified, on their counsel, promptly upon receipt of this Order, and to 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.
Attendance at the Scheduling Conference is mandatory upon each party not represented by counsel or by retained counsel. Only counsel who are thoroughly familiar with the facts and the law of the instant case, and who have full authority to bind his or her client, shall appear. Trial counsel should participate in this Scheduling Conference whenever possible. It may be necessary for counsel to spend as much as 45 minutes in this Conference.
A Joint Scheduling Report, carefully prepared and executed by all counsel/pro se parties, shall be electronically filed in CM/ECF, one (1) full week prior to the Scheduling Conference, and shall be e-mailed, in WordPerfect or Word format, to firstname.lastname@example.org.
For reference purposes, the Court requires that counsels' Joint
Scheduling Report indicate the date, time, and courtroom of
the Scheduling Conference. This information is to be placed
opposite the caption on the first page of the Report.
Among other things, counsel will be expected to discuss the possibility of settlement. Counsel are to thoroughly discuss settlement with each other before undertaking the preparation of the Joint Scheduling Report and engaging in extensive discovery. However, even if settlement negotiations are progressing, counsel are expected to comply with the requirements of this Order unless otherwise excused by the Court. If the case is settled, please promptly inform the Court, and counsels' presence, as well as the Joint Scheduling Report, will not be required.
Counsel may request that their attendance be by telephonic conference. If two or more parties wish to appear telephonically, counsel shall decide which will be responsible for making prior arrangements for the conference call and shall initiate the call at the above-designated time. After all parties are on the line, the call should then be placed to Judge Oberto's chambers at (559) 499- 5790. Additionally, counsel are directed to indicate on the face page of their Joint Scheduling Report that the conference will be telephonic.
At least twenty (20) days prior to the Mandatory Scheduling
Conference, trial counsel for all parties shall conduct and conclude a
conference at a time and place arranged by counsel for the
plaintiff(s). This conference preferably should be a personal
conference between all counsel but, due to the distances involved in
this District, a telephonic conference call involving all counsel/pro
se parties is permissible. The Joint Scheduling Report
shall respond to the following items by corresponding numbered
Form and Contents of the Joint Scheduling Report
1. Summary of the factual and legal contentions set forth in the pleadings of each party, including the relief sought by any party presently before the Court.
2. Any proposed amendment to the pleadings presently on file shall be filed by its proponent contemporaneously with the Scheduling Conference Report. If the matter cannot be resolved at the Scheduling Conference, the matter will be set as a Motion to Amend in ...