Electronic Frontier Foundation v. Department of Justice
Filing
17
ADR Clerks Notice Setting ADR Phone Conference on 9/20/13 at 2:00 p.m. Please note that you must be logged into an ECF account of counsel of record in order to view this document. (tjs, COURT STAFF) (Filed on 9/11/2013)
ALTERNATIVE DISPUTE RESOLUTION PROGRAM
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
HOWARD A. HERMAN
Writer’s Direct Contact:
(415) 522-4205
tim_smagacz@cand.uscourts.gov
DIRECTOR
G. DANIEL BOWLING
ADR PROGRAM STAFF ATTORNEY
ADR Phone Conference Scheduling Notice
DATE:
September 11, 2013
TO:
Counsel of Record
FROM:
Tim Smagacz
ADR Program Administrator
RE:
Case No. 13-2946 PJH
Electronic Frontier Foundation v. Department of Justice
I have received the Notice of Need for ADR Phone Conference filed in this case and I
have scheduled the conference call for the date and time listed below. The conference will
be conducted by one of the ADR Program’s legal staff, whose biographies appear on the
following page.
Date of Phone Conference:
September 20, 2013
Time of Phone Conference
2:00 PM PDT
Call-in Number:
641-715-3200
Passcode:
1007836
Please contact me with any scheduling concerns at (415) 522-4205, or email
tim_smagacz@cand.uscourts.gov. Thank you for your attention to this matter.
450 GOLDEN GATE AVENUE P SAN FRANCISCO, CA 94102 P Tel: (415) 522-2199 P Fax: (415) 522-4112
www.adr.cand.uscourts.gov
ADR PHONE CONFERENCE
A phone conference has been scheduled under ADR L. R. 3-5 because you indicated on
your Notice of Need for ADR Phone Conference either (1) you have not reached an agreement
to an ADR process or (2) you have tentatively agreed to a settlement conference before a
magistrate judge.
Purpose
The purpose of the conference is to help the parties select or design an ADR process
most likely to benefit the particular case. The court offers the following ADR options:
<
<
<
Arbitration (non-binding or binding)
Early Neutral Evaluation (ENE)
Mediation
In only a limited number of cases that would most benefit from the option, the court also
offers an Early Settlement Conference with a Magistrate Judge. If this is the option you
prefer, during the ADR phone conference you will discuss your reasons for this preference and
consider whether a different ADR process may be better suited for this case. If, after the ADR
phone conference, you still prefer the option of an Early Settlement Conference with a Magistrate
Judge, the ADR legal staff may make a recommendation to the judge regarding the case’s
suitability for this option. The assigned judge will then decide whether to refer the case to an
Early Settlement Conference with a Magistrate Judge.
Additionally, with the court's approval, you may substitute a private ADR procedure for
a court program.
Participants (See ADR L.R. 3-5(d)(1))
Counsel who will be primarily responsible for handling the trial of the matter shall
participate in the conference. Clients and their insurance carriers are encouraged to participate
as well.
Logistics (See ADR L.R. 3-5(d)(2))
For the convenience of the parties and in lieu of ADR L.R. 3-5(d)(2), the court has a
arranged for a dial-in conference line for this call. The call-in service that the court uses does
require a long-distance telephone call. If the cost of calling the number presents a problem,
please contact the ADR Office and other arrangements will be made. In the event, that the
conferencing service experiences technical problems, plaintiff’s counsel shall assume
responsibility for the call in keeping with ADR L.R. 3-5(d)(2).
It is the responsibility of the attorney for the first-listed plaintiff to make sure all parties
receive a copy of these instructions.
.
Attorney and Client Preparation (See ADR L.R. 3-5(d)(3))
The phone conference will be conducted by one of the court’s ADR Program legal staff.
(Their biographies are below.) You will be asked your views as to which ADR process you favor
and will be encouraged to ask questions about the available ADR options. To prepare for the
conference, please review with your clients the ADR Local Rules and the booklet entitled Dispute
Resolution Procedures in the Northern District of California or the designated portions of the
ADR Internet Site (www.adr.cand.uscourts.gov). The court has reserved one-half hour for the
conference call.
450 GOLDEN GATE AVENUE P SAN FRANCISCO, CA 94102 P Tel: (415) 522-2199 P Fax: (415) 522-4112
www.adr.cand.uscourts.gov
Exemption from the ADR Phone Conference Requirement
1)
Stipulation to an ADR Process (See ADR L.R. 3-5(c))
You will be exempted from participating in the phone conference if, before the date of the
conference, you file a stipulation and proposed order selecting an ADR process other than an
Early Settlement Conference with a Magistrate Judge and send, fax or email a copy to the ADR
Unit, at the address, fax number or email address listed below. If you intend to stipulate to an
Early Settlement Conference with a Magistrate Judge, you must participate in an ADR phone
conference.
2)
Termination of Case
Please call the ADR Unit to remove the case from the phone conference calendar if your
case is dismissed or otherwise terminated before the date set for the phone conference.
BIOGRAPHIES OF ADR PROGRAM LEGAL STAFF
Director, ADR Program
Howard A. Herman
Howard A. Herman has been with the Northern District since February 1997. Mr. Herman
previously served as Director of ADR Programs for Contra Costa County Superior Court. He
also spent four years as a settlement conference attorney for the United States Court of Appeals
for the Ninth Circuit, ultimately serving as the co-director of that court's settlement conference
program. Mr. Herman has practiced as a civil litigator with the firms of Graham & James and
Kindel & Anderson in San Francisco. He is a 1983 graduate of Hastings College of the Law and
a 1979 graduate, with high honors, of the University of California at Berkeley. Mr. Herman
currently teaches negotiation and mediation at Hastings College of the Law. He has experience
as a mediator, mediation trainer, and early neutral evaluator.
ADR Program Staff Attorney
G. Daniel Bowling
Daniel Bowling joined the ADR Program as Staff Attorney in March 2006 and has been
mediating since 1986. He teaches advanced mediation in the LL.M. Program at Osgoode Hall
School of Law, York University, Toronto and has taught basic and advanced negotiation at
Hastings College of Law and at Howard Law School. He is a co-editor and co-author of Bringing
Peace into the Room: The Personal Qualities of the Mediator and their Impact on Conflict
Resolution (Jossey-Bass, 2003), and co-author of Chapter 6, “The Mediation Process” in A
Litigator's Guide to Effective Use of ADR in California (Cal CEB, 2005). He co-founded the first
mediation organization in South Carolina, the Low Country Mediation Network. As Executive
Director of SPIDR, he managed the merger among SPIDR, AFM, and the Conflict Resolution
Education Network, and served as the first CEO of ACR. He practiced law and was Public
Defender in Charleston, SC and was on the founding faculty of Antioch School of Law. He
graduated from Harvard Law School and has practiced yoga and meditation for almost thirty
years.
450 GOLDEN GATE AVENUE P SAN FRANCISCO, CA 94102 P Tel: (415) 522-2199 P Fax: (415) 522-4112
www.adr.cand.uscourts.gov
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?