Topete v. Ramos Furniture

          ORDER SETTING MANDATORY SCHEDULING CONFERENCE

          ERICA P. GROSJEAN U.S. MAGISTRATE JUDGE

         Rule 16 of the Federal Rules of Civil Procedure (“Fed. R. Civ. P.”) requires the Court to enter a Scheduling Conference Order within 120 days of the date the complaint is served upon the defendant.^[1] Therefore, it is ordered that all parties attend a formal Scheduling Conference before United States Magistrate Judge Erica P. Grosjean, in Courtroom 10 at the United States Courthouse, 2500 Tulare Street, Fresno, CA 93721.

         Service of Summons and Complaint

         The Court is unable to conduct the Scheduling Conference until the defendant has been served with the summons and complaint. Accordingly, the plaintiff shall diligently pursue service of the summons and complaint and dismiss any defendant the plaintiff no longer intends to name in this action. The plaintiff shall promptly file proofs of service of the summons and complaint so the Court has a record of service. Counsel are referred to Fed.R.Civ.P. 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 dismissal of unserved defendants.

         Plaintiff’s counsel shall also serve a copy of this Order on the defendant, or, if identified, on their counsel, promptly upon receipt of this Order. Thereafter, Plaintiff shall file an appropriate proof of such service with the Court, in compliance with Rule 135(a) of the Local Rules for the Eastern District of California.

         Appearance at Scheduling Conference

         Attendance at the Scheduling Conference is mandatory for all parties. Parties may appear by their counsel, if represented. If a party is not represented by counsel, they must appear personally at the Scheduling Conference. Telephonic appearances are not available for pro se parties, i.e., those not represented by counsel. Trial counsel should participate in this Scheduling Conference whenever possible.

         If one or more parties are represented by counsel and wish to appear telephonically, counsel shall contact Michelle Means Rooney, Courtroom Deputy Clerk, at (559) 499-5962 sufficiently in advance of the conference so that a notation can be placed on the court calendar. If more than one party is appearing telephonically, counsel shall decide who will be responsible for arranging a one-line conference call and shall initiate the call at the designated time. After all parties are on the line, the call should then be placed to Judge Grosjean’s chambers at (559) 499-5960. Additionally, counsel are directed to indicate on the face page of their Joint Scheduling Report that the conference will be telephonic.

         Joint Scheduling Report

         A Joint Scheduling Report, carefully prepared and executed by all counsel shall be electronically filed in CM/ECF, one (1) full week prior to the Scheduling Conference and shall be emailed in Word format to epgorders@caed.uscourts.gov. The Joint Scheduling Report shall 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.

         At least twenty (20) days prior to the Mandatory Scheduling Conference, trial counsel for all parties shall conduct a conference at a mutually agreed upon time and place. This should preferably be a personal conference between all counsel but a telephonic conference call involving all counsel/pro se parties is permissible. The Joint Scheduling Report shall contain the following items by corresponding numbered paragraphs:

         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. Summary of major disputed facts and contentions of law.

         3. A proposed deadline for amendments to pleadings. Any proposed amendment to the pleadings shall be referenced in the Scheduling Conference Report. If the matter cannot be resolved at the Scheduling Conference, the moving party shall file a motion to amend in accordance with the Local Rules of the Eastern District of California.

         4. The status of all matters which are presently set before the Court, ...