Rupa Marya v. Warner Chappell Music Inc
Filing
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ORDER RE: CASE MANAGEMENT (See document for further details) by Judge George H. King. (ir)
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Filed: 07-03-13
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UNITED STATES DISTRICT COURT
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CENTRAL DISTRICT OF CALIFORNIA
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RUPA MARYA On Behalf Of Herself And )
No. CV 13-04460-GHK(MRWx)
All Others Similarly Situated,
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Plaintiff[s], )
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ORDER RE: CASE MANAGEMENT
vs.
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WARNER/CHAPPELL MUSIC, INC.,
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READ IMMEDIATELY
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Defendant[s]. )
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____________________________________)
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This case has been assigned to the calendar of Chief Judge George H. King. The
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court fully adheres to Rule 1 of the Federal Rules of Civil Procedure, which requires that
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the Rules be “construed and administered to secure the just, speedy and inexpensive
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determination of every action and proceeding.”
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Counsel shall also be guided by the following special requirements, some of
which are more specific than those set out in the Local Rules:
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1.
SERVICE: Plaintiff shall promptly serve the Complaint in accordance
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with Federal Rule of Civil Procedure 4, and file proofs of service pursuant to Local Rule
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5-3.1.
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2.
ATTENDANCE AT PROCEEDINGS: The attorney attending any
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proceeding before this court must be the attorney who is primarily responsible for the
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conduct of the case.
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3.
MANDATORY CHAMBERS COPIES: A copy of all papers filed with
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the court SHALL be delivered to chambers at Room 660, Roybal Federal Building,
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no later than 12:00 noon the following business day. ALL Chambers copies
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SHALL comply fully with the document formatting requirements of Local Rule 11-
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3, including the “backing” requirements of Local Rule 11-3.5. The filing party and
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its counsel MAY BE SUBJECT TO SANCTIONS for failure to deliver a
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Mandatory Chambers copy in full compliance with this Order and Local Rule 11-3.
4.
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FILING OF MOTIONS:
a.
Motions shall be filed and set for hearing in accordance with
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Local Rules 6-1 through 7-20. Motions shall be set on Mondays at 9:30
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a.m., unless otherwise ordered by the Court. If a Monday is a court holiday,
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no motions shall be set on the succeeding Tuesday. Any motions noticed
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for a holiday shall automatically be continued to the next motion calendar
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date.
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b.
Counsel should take note that Local Rule 11-6 limits all
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memoranda of points and authorities to “25 pages in length, excluding
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indices and exhibits, unless permitted by order of the judge.” The Court is
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of the view that the 25-page limitation is more than adequate for counsel to
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set forth his/her points and authorities, especially if counsel carefully
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reviews and edits the memorandum to ensure a concise and focused
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presentation. Accordingly, routine requests to exceed the page limitation
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will be denied. Leave to exceed the page limitation will be granted only in
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extraordinary circumstances where counsel makes an adequate showing of
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specific facts in support of an application to exceed the page limitation.
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c.
Generally, the court will rule on motions on the papers
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submitted, and without oral argument. Accordingly, counsel are advised to
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place all authorities and arguments in their moving or opposing papers.
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Counsel are reminded that a reply shall be limited to argument and/or
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authorities responsive to the opposition papers. Any improper introduction
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of new matter in the reply will be ignored by the court.
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5.
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MOTIONS TO DISMISS:
a.
Unless clearly justified under the circumstances of the case,
“motions to dismiss or in the alternative for summary adjudication” are
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discouraged. These composite motions tend to blur the legitimate
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distinctions between the two motions, which have different purposes.
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Frequently, the composite motions introduce evidence that is extrinsic to
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the pleadings. On the one hand, such evidence is improper for
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consideration on a Fed. R. Civ. P. 12(b)(6) motion, while on the other hand,
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treatment of the motion as a Rule 56 motion frequently results in reasonable
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invocation of Rule 56(d) by the non-moving party.
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b.
Moreover, Rule 12(b)(6) motions are discouraged unless
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counsel has a good faith belief that such motions will likely result in
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dismissal, without leave to amend, of all or at least some of the claims
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under applicable law.
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6.
DISPOSITIVE MOTIONS: No party shall file a motion pursuant to Fed.
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R. Civ. P. 56 until a dispositive motion deadline has been set. Moreover, no party may
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file more than one motion pursuant to Fed. R. Civ. P. 56, regardless of whether such
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motion is denominated as a motion for summary judgment or summary adjudication,
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without leave of Court.
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7.
LOCAL RULE 7-3: Local Rule 7-3 requires counsel to engage in a pre-
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filing conference “to discuss thoroughly, preferably in person, the substance of the
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contemplated motion and any potential resolution.” The Court takes this rule seriously,
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and counsel shall discharge their obligations under Loca1 Rule 7-3 in good faith. The
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purposes of a 7-3 conference are twofold: first, it facilitates possible informal resolution
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of an issue without court intervention; second, it enables the parties to brief the
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remaining disputes in a thoughtful, concise, and useful manner. Even if a motion is still
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necessary after a good faith pre-filing conference, counsel should have sufficiently
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discussed the issues so that the briefing will be directed to those substantive issues which
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require resolution by the court. Minor procedural or other non-substantive matters
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should be resolved by counsel during the course of the conference.
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a.
All 7-3 conferences shall take place via a communication
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method that, at a minimum, allows all parties to be in realtime
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communication (letters and e-mail, for example, do not constitute a proper
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7-3 conference).
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b.
Notwithstanding Local Rule 16-12©, the parties in cases in
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which the plaintiff is appearing pro se are required to meet and confer in
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compliance with Local Rule 7-3 unless the pro se plaintiff is incarcerated.
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c.
Notwithstanding the exception for preliminary injunction
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motions in Local Rule 7-3, counsel contemplating a preliminary injunction
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motion are required to meet and confer, in substantive compliance with
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Local Rule 7-3, at least five days prior to the filing of such a motion.
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8.
DISCOVERY: ALL DISCOVERY MATTERS ARE REFERRED TO
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THE ASSIGNED UNITED STATES MAGISTRATE JUDGE (see initials in
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parentheses following the case number). Discovery disputes of a significant nature
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should be brought promptly before the Magistrate Judge. The court does not look
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favorably upon delay resulting from unresolved discovery disputes. Counsel are
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directed to contact the clerk for the assigned Magistrate Judge to schedule matters for
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hearing. The words “DISCOVERY MATTER” shall appear in the caption of all
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documents relating to discovery to ensure proper routing.
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The decision of the Magistrate Judge shall be final and binding, subject to
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modification by the District Judge only where it has been shown that the Magistrate
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Judge’s order is clearly erroneous, contrary to law, or an abuse of discretion.
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9.
EX PARTE APPLICATIONS: Ex parte applications are considered on the
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papers and are not normally set for hearing. Counsel are advised to file and serve their
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ex parte applications as soon as they realize that extraordinary relief is necessary. This
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court entertains ex parte applications only in extraordinary circumstances; sanctions may
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be imposed for misuse of the ex parte process. McVay v. Fedex Ground, et al., 2003 WL
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22769080, at *2 (C.D. Cal. July 21, 2003); see also In re Intermagnetics Am., Inc., 101
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B.R. 191 (C.D. Cal. 1989). The requesting party shall serve the motion by personal
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delivery, fax, or other electronic means, at or before the time the application is filed, and
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notify the responding party that opposing papers must be filed within 24 hours of such
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service. Moreover, at the time of the application, the applicant shall comply with Local
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Rule 7-19.1, which, inter alia, requires the applicant to advise the court in writing of the
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efforts to contact opposing counsel and of that counsel’s intention to oppose the
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application. The moving party’s memorandum and declaration in support of an ex parte
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application shall affirmatively show compliance with Local Rules 7-19 through 7-19.2
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and this Order, failing which the application will be denied. See Mission Power Eng’g
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Co. v. Cont’l Cas. Co., 883 F. Supp. 488, 492 (C.D. Cal. 1995).
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10.
CLASS ACTIONS: Notwithstanding Local Rule 23-3, the deadline for the
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filing of a motion for class certification will be set during the Scheduling Conference
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and/or in a Scheduling Order. No request for relief from Local Rule 23-3 is necessary.
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11.
CONTINUANCES: Continuances are granted only upon a showing of
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good cause. Counsel requesting a continuance MUST submit a DETAILED declaration
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setting forth the reason therefor. Any continuances requested but not accompanied by
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said declaration will be rejected. The court sets FIRM trial dates and will not change
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them without a showing of good cause. “FIRM trial dates” are defined as dates on
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which counsel must be ready to proceed; however, the court may trail the action on 48
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hours call when necessary (e.g., in the event that a criminal case, an older civil case, or a
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case otherwise entitled to precedence by law, proceeds to trial on said date, or the court
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is otherwise occupied with other matters).
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12.
STIPULATIONS: NO stipulations extending scheduling dates set by this
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court are effective unless approved by the court. All stipulations must be accompanied
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by a declaration explaining the specific reasons for the stipulation. Any stipulation not
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in compliance with this Order or the Local Rules of the Central District will be rejected.
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Stipulations shall be submitted well in advance of the relief requested.
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13.
NOTICE OF REMOVAL: All documents filed in state court, including
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answers and documents appended to a complaint, MUST be re-filed in this court as a
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supplement or exhibit to the Notice of Removal. If an answer has not as yet been filed,
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said answer or responsive pleading shall be filed in accordance with the Federal Rules of
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Civil Procedure and the Local Rules. See, e.g., Fed. R. Civ. P. 81©. Any pending
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motions must be re-noticed in accordance with the Local Rules and this Order.
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14.
BANKRUPTCY APPEALS: Counsel shall comply with the Order re:
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Procedure to Be Followed in Appeal from Bankruptcy Court issued at the time the
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appeal is filed in the District Court. The matter is considered submitted upon the filing
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of the appellant’s reply brief. No oral argument is held unless otherwise ordered by this
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court.
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15.
ACTIONS TRANSFERRED FROM ANOTHER DISTRICT: All
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documents filed in the transferor court MUST be re-filed with this Court, within twenty
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days of transfer, by the party that sought transfer. Such filing SHALL be submitted as a
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“Notice of Filing,” with a compilation of all documents, individually tabbed, attached as
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an appendix. The notice shall bear a title page containing the information required by
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Local Rule 11-3.8 and shall otherwise conform with Local Rule 11-3.5 and all other
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relevant Local Rules. The notice shall also contain a table of contents.
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NOTICE: Counsel for plaintiff or plaintiff if appearing pro se in an action
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commenced in this court, and counsel for defendant or defendant pro se in a removed
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action, shall serve a copy of this Order on all other parties or their counsel at the earliest
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possible time. Counsel, or any party required to give notice of this Order, shall file
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proof of service of such notice within 48 hours of the service of such notice.
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IT IS SO ORDERED.
DATED: July 2, 2013
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_________________________________________
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GEORGE H. KING
CHIEF U.S. DISTRICT JUDGE
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