Nukala v. Santa Clara County Offie of Education

Filing 10

CASE MANAGEMENT SCHEDULING ORDER: Jury Trial set for 2/25/2013 09:00 AM in Courtroom 2, 5th Floor, San Jose before Magistrate Judge Howard R. Lloyd. Pretrial Conference set for 2/19/2013 01:30 PM in Courtroom 2, 5th Floor, San Jose before Magistrate Judge Howard R. Lloyd. Signed by Magistrate Judge Howard R. Lloyd on 1/6/12. (Attachments: # 1 Declaration Limited Scope Representation)(hrllc1, COURT STAFF) (Filed on 1/6/2012)

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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 NORTHERN DISTRICT OF CALIFORNIA 9 SAN JOSE DIVISION 11 For the Northern District of California United States District Court 10 PADMAVATHI NUKALA, 12 Plaintiff, 13 14 15 Case No. 11-04521 HRL v. SANTA CLARA COUNTY OFFICE OF EDUCATION, DECLARATION IN SUPPORT OF APPLICATION FOR APPOINTMENT OF AN ATTORNEY FOR LIMITED SCOPE REPRESENTATION Defendant. 16 17 18 19 20 I, ____________________, am the plaintiff in this case and apply for appointment of an 21 attorney for the limited purpose of a Settlement Conference. In support of this application, I declare 22 as follows: 23 24 25 26 1. REPRESENTATION. I am not represented by an attorney and no attorney has made an appearance for me in this case. 2. SETTLEMENT CONFERENCE. I understand that a settlement conference will be scheduled in this case to explore if a mutually satisfactory agreement resolving all or part of this 27 28 Case No. DECLARATION IN SUPPORT OF APPLICATION FOR ASSIGNMENT TO THE ASSISTED SETTLEMENT CONFERENCE PROGRAM 1 case can be reached. I believe my participation in a settlement conference would be facilitated if I 2 received assistance in participating in such a settlement conference. 3 3. ASSISTED SETTLEMENT CONFERENCE. I understand that if the court agrees 4 and if a suitable volunteer attorney is willing to be appointed, I will be offered the assistance of an 5 attorney who will be designated as Settlement Counsel to help me prepare for, participate in, and 6 pursue follow up to a settlement conference. I also understand that the role of Settlement Counsel is 7 only to educate and assist my preparation for, participation in, and follow up to the settlement 8 conference. 9 12 LIMITED ASSISTANCE. I understand that the help provided by Settlement Counsel is limited to assisting me in connection with the settlement conference. Accordingly, I: 11 For the Northern District of California United States District Court 10 4. (a) Understand that Settlement Counsel will provide no other service of any kind in this (b) Agree that the scope of Settlement Counsel’s duties to me will extend no further than case. 13 14 is necessary to educate me and assist me to prepare for, participate in, and follow up on the 15 settlement conference. 16 17 (c) process will not involve any control of the case or the settlement conference. 18 19 (d) Acknowledge and agree that Settlement Counsel will not analyze my overall legal needs, conduct independent investigation of my case, or represent me in such matter. 20 21 Acknowledge that Settlement Counsel’s responsibility to help educate me about the (e) Understand that Settlement Counsel will not advise me about the need to contact other counsel for purposes of obtaining legal advice. 22 5. PRO SE STATUS. I acknowledge that I continue to provide my own representation 23 in this case and in the settlement conference and that Settlement Counsel will only assist and educate 24 me in this endeavor. I further acknowledge that I have made reasonable efforts to find an attorney 25 willing to represent me in this case, but have been unable to retain an attorney on terms that I can 26 afford. 27 28 Case No. DECLARATION IN SUPPORT OF APPLICATION FOR ASSIGNMENT TO THE ASSISTED SETTLEMENT CONFERENCE PROGRAM 2 1 6. NO CONTRACT. I understand and agree that I have no contractual relationship with 2 Settlement Counsel for legal or other services, and that I will enter into no contract with Settlement 3 Counsel, absent a written order by the court permitting such a contract. 4 7. UNDERSTANDING AND AFFIRMATION. I have assessed the prospect of 5 participating in a settlement conference and acknowledge that there is no foreseeable harm that I will 6 suffer in the event that the settlement conference does not lead to resolution of the case. I confirm 7 that I have carefully considered the limited assistance to be given by a Settlement Counsel and 8 confirm that my decision to apply is made knowing that the limited role to be played by Settlement 9 Counsel is to provide only education and assistance in the settlement conference. 11 For the Northern District of California United States District Court 10 I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. 12 Dated: 13 Signature 14 _____________________________ Name (Printed) 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Case No. DECLARATION IN SUPPORT OF APPLICATION FOR ASSIGNMENT TO THE ASSISTED SETTLEMENT CONFERENCE PROGRAM 3

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