United States of America v. State of California et al

Filing 5

CIVIL NEW CASE DOCUMENTS ISSUED (Attachments: # 1 Consent Form, # 2 Order re Filing Requirements, # 3 VDRP) (Donati, J)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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NO. 2:18−CV−00490−JAM−KJN

11 UNITED STATES OF AMERICA ,
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Plaintiff,

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vs.

ORDER REQUIRING SERVICE OF
PROCESS AND JOINT STATUS REPORT

14 STATE OF CALIFORNIA, ET AL. ,
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Defendant.
/

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This action has been assigned to District Judge John A. Mendez. Pursuant to the provisions

18 of Fed. R. Civ. P. 16 and 26, IT IS HEREBY ORDERED THAT:
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1.

Plaintiff(s) shall complete service of process on all parties within ninety (90) days

20 of the date of filing of the complaint.
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2.

Concurrently with the service of process, or as soon thereafter as possible, plaintiff(s) shall

22 serve upon each of the parties named herein, and upon all parties subsequently joined, a copy of all new
23 civil case orders issued, and shall file with the Clerk a certificate reflecting such service.
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3.

In the event this action was originally filed in a state court and was thereafter removed

25 to this court, the removing party or parties shall, immediately following such removal, serve upon each
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1 of the other parties named herein, and upon all parties subsequently joined, a copy of this Order, and
2 shall file with the Clerk a certificate reflecting such service.
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4.

Within sixty (60) days of service of the complaint on any party, or from the date of removal,

4 the parties shall confer as required by Fed. R. Civ. P. 26(f) and shall prepare and submit to the Court
5 a joint status report that includes the Rule 26(f) discovery plan. The status report shall address the
6 following matters:
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a.

The nature of the case;

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b.

Progress in the service of process;

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c.

Possible joinder of additional parties;

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d.

Any expected or desired amendment of pleadings;

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e.

Jurisdiction and venue;

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f.

Anticipated motions and the scheduling of motions;

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g.

Anticipated discovery and the scheduling of discovery, including:

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(1) what changes, if any, should be made in the timing, form,
or requirement for disclosures under Rule 26(a), including
a statement as to when disclosures under Rule 26(a)(1)
were made or will be made;

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(2) the subjects on which discovery may be needed, when
discovery should be completed, and whether discovery
should be conducted in phases or be limited to or
focused upon particular issues;

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(3) what changes, if any, should be made in the limitations
on discovery imposed under the Civil Rules and what
other limitations, if any, should be imposed; and

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(4) the timing of the disclosure of expert witnesses and
information required by Rule 26(a)(2).

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h.

Future proceedings, including setting appropriate cut−off dates for
discovery, law and motion, and the scheduling of pretrial and trial;

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i.

Appropriateness of special procedures;

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j.

Estimate of trial time;

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k.

Modification of standard pretrial procedures specified by the rules due
to the relative simplicity or complexity of the action or proceedings;

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Whether the case is related to any other case, including any
matters in bankruptcy;

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m.

Whether a settlement conference should be scheduled; and

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n.

Any other matters that may add to the just and expeditious disposition
of this matter.

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5.

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The Court, upon review of the joint status report may:
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Issue a scheduling order incorporating the suggestions of counsel
as contained in the joint status report; or

b.

By minute order, set a status conference to be held either by
telephone or in chambers.

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6.

In cases involving public traded companies, the parties shall request Judge Mendez's

13 recusal list by contacting Harry Vine at (916) 930−4091 or via Email at [e-mail].
14 In addition, any nongovernmental corporate party to an action assigned to Judge Mendez shall file
15 with the joint status report a statement identifying all its parent corporations and listing any publicly held
16 company that owns 10% or more of the party's stock. A party shall supplement the statement within a
17 reasonable time of any change in the information.
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DATE: March 6, 2018
JOHN A. MENDEZ
UNITED STATES DISTRICT JUDGE

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by: /s/ J. Donati
Deputy Clerk

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