Knadler v. Santander Consumer USA Inc.

Filing 8

ORDER for parties to conduct a conference within fourteen days of the date of this Order, and to file a joint 26(f) Report within seven days of the date of the conference. Signed by Magistrate Judge Brian K. Epps on 12/01/2017. (Attachments: # 1 Rule 26(f) Order, # 2 Blank Forms.) (jlh)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF GEORGIA
Select a Division

vs.

CASE NO.

DISCLOSURE STATEMENT
S.D. Ga. LR 7.1.1

The undersigned, counsel of record for

certifies that the following is a full

and complete list of the parties in this action:
Name

Identification & Relationship

The undersigned further certifies that the following is a full and complete list of officers, directors,
or trustees of the above-identified parties:

Name

Identification & Relationship

The undersigned further certifies that the following is a full and complete list of other persons,

firms, partnerships, corporations, or organizations that have a financial interest in, or another interest
which could be substantially affected by,the outcome of this case (including a relationship as a parent or
holding company or any publicly-held corporation that holds 10% or more of a party's stock):
Name

Signature

Identification & Relationship

Date

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF GEORGIA
AUGUSTA DIVISION

Plaintiff,
Case No.

vs.

Defendant.

CERTIFICATE OF COUNSEL
REFILED OR RELATED CASES

Pursuant to the Local Rules of this Court, I hereby certify that this is a refiled case which
involves substantially the same issues or parties as in the case of

, plaintiff vs.

,defendant, Civil Action No.

,or that this case relates to property included in, involves the same issues
appearing in, or grows out of the same transaction involved in a case already pending in

Court, captioned

, plaintiff, vs.

defendant. Civil Action No.
This

day of

, 2015.

Attomey ofparty

.

UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF GEORGIA
AUGUSTA DIVISION

Plaintiff,
Case No.

Defendant.

NOTICE OF ALTERNATIVE DISPUTE RESOLUTION
and

CASE MANAGEMENT PROCEDURES

(LITIGANTS'BILL OF RIGHTS)
S.D. Ga.LR 16.7

Litigants in this Court may wish to utilize procedures that are available to assist the

speedy and efficient resolution of civil cases. This notice must be furnished by plaintiffs
counsel to his client and served with the complaint upon all defendants. Counsel for each party

represented shall ensure that the notice is filled out, signed by the party, and returned to the
Clerk's office(1)by counsel for the plaintiff within 15 days offiling the complaint, and (2)by
counsel for the defendant with the answer or other responsive pleading.

Page 1 of5

Notice to Parties and Counsel

1.

If all parties in a case elect to do so, a civil case in this Court can be referred to

non-binding mediation. The purpose of such is to assist the parties in understanding the
strengths and weaknesses of their respective positions and to facilitate settlement.
Do you wish to use such a procedure and for your lawyer to meet with opposing
counsel and a Judge of this Court to establish a mediation plan for this case?

(answer yes or no)

2.

If the parties in a case elect to do so, a civil case in this Court can be referred to

binding or non-binding arbitration. In some instances, arbitration may be quicker, cheaper, and
less formal than litigation. Its outcome can be binding or purely advisory, depending on the
parties' agreement. The parties can also agree to tailor the rules of procedure.
Do you wish to consider such a procedure and for your lawyer to meet with

opposing counsel and a Judge of this Court to establish an arbitration plan for this case?

(answer yes or no)

3.

If all parties in a case consent and the Court concurs, the right to proceed before

a United States District Judge may be waived, and the case can be presided over by a United
States Magistrate Judge.

Page 2 of5

Would you like to consider use of a Magistrate Judge and receive more
information on this alternative?

(answer yes or no)

4.

After the complaint and answer are filed in a case,the rules ofthis Court normally

allow four(4)months for the completion ofdiscovery. Ifdiscovery continues for a longer period
oftime, it will be because the attomeys have requested an extension of time fix)m the Court.

5.

Ifjustified by the complexity or difficulty of a case, the Court will consider the

entry of a special case management order. After hearing from the parties, this order would
supersede the Local Rules and provide new dates for the different aspects of discovery,
amendments to the pleadings,the filing ofmotions,conferences with the Court,and preparation
for the ultimate pretrial order and trial ofthe case.

The lawyers for all ofthe parties are encouraged to consult concerning the need for such
a case management order.

6.

At the completion of discovery and before trial, each party will be required to

participate in the filing of a pretrial order. In most cases,there will also be a pretrial conference
with the presiding Judge. At the conference, the Court will inquire about the prospects for

Page 3 of 5

settlement ofthe case. Noraially the Court will require the client to be present in person or by
telephone.
By Order of the Court.

Clerk of Court

I have reviewed with my attorney the above notice and have indicated my desired
responses to paragraphs 1, 2, and 3.
This

day of

,20_.

Name and signature of party or Representative

Certificate of Counsel

I have furnished a copy of this notice to the party represented by me (including any

insurance company assisting with the cost of defense) and discussed with my client responses

to paragraphs 1, 2, and 3 which have been noted. I have also served opposing counsel with a
copy of this completed notice.
This

day of

, 20_.

Attorney for.

Page 4 of5

NOTE: If there is unanimity among the parties that the case should be referred to
mediation, arbitration, or a Magistrate Judge,counsel for the plaintiff shall so notify the
Clerk, who will then inform the presiding District Judge of the parties' interest in one or
more of these procedures.

Page 5 of5

AO 85(Rev. 01/09) Notice, Consent, and Reference of a Civil Action to a Magistrate Judge

United States District Court
for the

Southern District of Georgia

Plaintiff
V.
Defendant

)
)
)
)
)

Civil Action No.

NOTICE,CONSENT,AND REFERENCE OF A CIVIL ACTION TO A MAGISTRATE JUDGE

Notice ofa magistratejudge's availability. A United States magistrate judge of this court is available to conduct all
proceedings in this civil action (including ajury or nonjury trial) and to order the entry of a finaljudgment. The judgment may
then be appealed directly to the United States court of appeals like any otherjudgment ofthis court. A magistrate judge may
exercise this authority only if all parties voluntarily consent.

You may consentto have your case referred to a magistratejudge,or you may withhold your consent without adverse
substantive consequences. The name ofany party withholding consent will not be revealed to anyjudge who may otherwise
be involved with your case.

Consent to a magistratejudge's authority. The following parties consent to have a United States magistrate judge
conduct all proceedings in this case including trial, the entry of final judgment, and all post-trial proceedings.
Parties'printed names

Signatures ofparties or attorneys

Dates

Reference Order

IT IS ORDERED: This case is referred to a United States magistrate judge to conduct all proceedings and
order the entry of a final judgment in accordance with 28 U.S.C. § 636(c) and Fed. R. Civ. P. 73.

Date:

District Judge's signature

Printed name and title

Note: Return this form to the clerk of court only if you are consenting to the exercise ofjurisdiction by a United States
magistrate judge. Do not return this form to ajudge.