Hopson v. Carpenters Pension Trust Fund for Northern California

Filing 35

ORDER VACATING ORDER TO SHOW CAUSE; ORDERING PLAINTIFF PATTY HOPSON TO COMPLY WITH THE COURT'S ORDERS re 30 Order to Show Cause. Case Management Statement due by 6/18/2014. Further Case Management Conference set for 6/25/2014 at 2:00 PM in Courtroom 9, 19th Floor, San Francisco. Signed by Judge Jon S. Tigar on June 4, 2014. (Attachments: # 1 Civil Local Rule 16-8, # 2 Standing Order for All Judges of the Northern District, # 3 Standing Order, # 4 Certificate/Proof of Service)(wsn, COURT STAFF) (Filed on 6/5/2014)

16-3. Lead Trial Counsel Required to Confer
Unless otherwise ordered, the conferring and planning that is mandated by Fed. R. Civ. P.
26(f) and by ADR Local Rule 3-5 must be done by lead trial counsel for each party.

16-4. Procedure in Bankruptcy Appeals
Appeals from the United States Bankruptcy Court to the United States District Court are
governed by the Federal Rules of Bankruptcy Procedure and the Bankruptcy Local Rules of
this district.
Cross Reference
See Fed. R. Bankr. P. 8001 through 8020 and B.L.R. 8001-1 through 8011-1.

16-5. Procedure in Actions for Review on an Administrative Record
In actions for District Court review on an administrative record, the defendant must serve and
file an answer, together with a certified copy of the transcript of the administrative record,
within 90 days of receipt of service of the summons and complaint. Within 28 days of receipt
of defendant’s answer, plaintiff must file a motion for summary judgment pursuant to Civil
L.R. 7-2 and Fed. R. Civ. P. 56. Defendant must serve and file any opposition or countermotion within 28 days of service of plaintiff’s motion. Plaintiff may serve and file a reply
within 14 days after service of defendant’s opposition or counter-motion. Unless the Court
orders otherwise, upon the conclusion of this briefing schedule, the matter will be deemed
submitted for decision by the District Court without oral argument.

16-6. Procedure in U.S. Debt Collection Cases
These cases shall proceed as follows:
(a)

Identification. The first page of the complaint must identify the action by using the
words “Debt Collection Case;”

(b)

Assignment. Upon filing the complaint, the matter will be assigned to a Magistrate
Judge for all pre-trial proceedings; and

(c)

Collection Proceedings. If the United States files an application under the Federal
Debt Collection Procedures Act, either pre-judgment or post-judgment, such matter
will be assigned to a Magistrate Judge.

16-7. Procedure in Other Exempt Cases
Unless otherwise provided in these local rules, in categories of cases that are exempted by
Fed. R. Civ. P. 26(a)(1)(B) from the initial disclosure requirements of Fed. R. Civ. P.
26(a)(1), promptly after the commencement of the action the assigned judge will schedule a
Case Management Conference or issue a case management order without such conference.
Discovery shall proceed in such cases only at the time, and to the extent, authorized by the
Judge in the case management order.

16-8. Alternative Dispute Resolution (ADR) in the Northern District
(a)

District Policy Regarding ADR. It is the policy of this Court to assist parties involved
in civil litigation to resolve their disputes in a just, timely and cost-effective manner.
The Court has created and makes available its own Alternative Dispute Resolution
(ADR) programs for which it has promulgated local rules. The Court also encourages
civil litigants to consider use of ADR programs operated by private entities. At any
time after an action has been filed, the Court on its own initiative or at the request of
one or more parties may refer the case to one of the Court’s ADR programs, or to a
judicially hosted settlement conference.

USDC Local Civil Rules – Effective February 3, 2014

CIV-41

Cross Reference
See ADR L.R. 1-2 “Purpose and Scope;” ADR L.R. 2-3 “Referral to ADR Program.”
The Court’s ADR processes and procedures are described on the Court’s ADR Internet
site: cand.uscourts.gov/adr.

(b)

ADR Certification. In cases assigned to the ADR Multi-Option Program, unless
otherwise ordered, no later than the date specified in the Order Setting Initial Case
Management Conference and ADR Deadlines, counsel and client must sign, serve and
file an ADR Certification. The certification must be made on a form established for this
purpose by the Court and in conformity with the instructions approved by the Court.
Separate Certifications may be filed by each party. If the client is a government or
governmental agency, the certificate must be signed by a person who meets the
requirements of Civil L.R. 3-9(c). Counsel and client must certify that both have:
(1)

Read the handbook entitled “Dispute Resolution Procedures in the Northern
District of California” on the ADR Internet site, cand.uscourts.gov/adr;

(2)

Discussed the available dispute resolution options provided by the Court and
private entities; and

(3)

Considered whether their case might benefit from any of the available dispute
resolution options.
Cross Reference
See ADR L.R. 3-5 “Selecting an ADR Process.”

Commentary
Certification forms are available on the Court’s ADR Internet site cand.uscourts.gov/adr.
Limited printed copies of the handbook entitled “Dispute Resolution Procedures in the
Northern District of California” are available from the Clerk’s Office for parties in cases
not subject to the Court’s Electronic Case Filing program (ECF) under Civil L.R. 5-1(b).

(c)

Stipulation to ADR Process or Notice of Need for ADR Telephone Conference. In
cases assigned to the ADR Multi-Option Program, unless otherwise ordered, no later
than the date specified in the Order Setting Initial Case Management Conference and
ADR Deadlines, counsel must file, in addition to the ADR Certification, either a
“Stipulation and (Proposed) Order Selecting ADR Process” or a “Notice of Need for
ADR Phone Conference” on a form established by the Court.
(1)

Stipulation. If the parties agree to participate in a Court-sponsored non-binding
arbitration, ENE or mediation, or in private ADR, they must file a form
Stipulation and Proposed Order selecting an ADR process.

(2)

Notice of Need for ADR Phone Conference. If the parties are unable to agree on
an ADR process, or if the parties believe that an early settlement conference with
a Magistrate Judge is appreciably more likely to meet their needs than any other
form of ADR, they must file a Notice of Need for ADR Phone Conference.

Cross Reference
See ADR L.R. 3-5 “Selecting an ADR Process” and ADR L.R. 3-5(d) “Selection
Through ADR Phone Conference.”
Commentary
Because of the many other duties assigned to Magistrate Judges, the Court refers only a
limited number of cases to Magistrate Judges for early settlement conferences. Forms for
“Stipulation to an ADR Process” and “Notice of Need for ADR Telephone Conference”
are available on the Court’s ADR Internet site cand.uscourts.gov/adr. Limited printed
copies are available from the Clerk’s Office for parties in cases not subject to the Court’s
USDC Local Civil Rules – Effective February 3, 2014

CIV-42