Eleiko Group AB v. Kadlub et al

Filing 5

Notice of Case Assignment to Magistrate Judge Stacie F. Beckerman and Discovery and Pretrial Scheduling Order. NOTICE: Counsel shall print and serve the summonses and all documents issued by the Clerk at the time of filing upon all named parties in accordance with Local Rule 3-5. Discovery is to be completed by 9/20/2021. Joint Alternate Dispute Resolution Report is due by 10/18/2021. Pretrial Order is due by 10/18/2021. Ordered by Magistrate Judge Stacie F. Beckerman. (sb)

UNITED STATES DISTRICT COURT
DISTRICT OF OREGON

ELEIKO GROUP AB
Plaintiff,

Case No.: 3:21−cv−00775−SB

v.
RUDY A KADLUB, et al.
Defendant.

Civil Case Assignment Order
1.
Presiding Judge: The above referenced case has been filed in the Portland Division of the U.S.
District Court for the District of Oregon and assigned to:

2.
Courtroom Deputy Clerk: Questions about the status or scheduling of this case should be
directed to:
Giselle Williams
Telephone: 503−326−8022
Email: [e-mail]
3.
Case Administrator/Docket Clerk: Questions about filings or docket entries in this case
should be directed to:
Telephone: 503−326−8050
4.
Place of Filing: Any paper filings must be submitted to the Clerk of Court, Mark O. Hatfield
U.S. Courthouse, 1000 S.W. Third Ave., Portland, OR, 97204. (See LR 3−1, LR 5−5.)
5.
District Court Website: Information about local rules of practice, CM/ECF electronic filing
requirements, responsibility to redact personal identifiers from filings, and other related information
can be found on the Court's website at ord.uscourts.gov.
6.
Free Legal Assistance for Pro Se Litigants: Litigants proceeding pro se (without a lawyer)
may qualify for free legal assistance from the Oregon Chapter of the Federal Bar Association's Free
Federal Law Clinic. To see if you qualify, apply at fedlawclinic.com.
6.

Jurisdictional Authority of Magistrate Judges:

a.
Pretrial Administration: Pursuant to LR 72, the assigned United States Magistrate Judge
is authorized to conduct all pretrial proceedings contemplated by 28 U.S.C. § 636(b) and Fed. R. Civ.
P. 72 without further designation of the Court.
b.
Trial by Consent and Appeal Options: Pursuant to LR 73, 28 U.S.C. § 636(c), and Fed.
R. Civ. P. 73, all United States Magistrate Judges in this district are certified to exercise civil

jurisdiction in assigned cases and, with the consent of the parties, enter final orders on dispositive
motions, conduct trial, and enter final judgment which may be appealed directly to the Ninth Circuit
Court of Appeals (instead of a district judge).
Parties are encouraged to consent to the jurisdiction of a Magistrate Judge by signing and filing
the (attached) Consent to Jurisdiction by a United States Magistrate Judge and Designation of the
Normal Appeal Route. There will be no adverse consequences if a party elects not to consent to a
Magistrate Judge. A Magistrate Judge, however, may be able to resolve a case earlier as they are
primarily assigned only to civil cases.
Additional information about United States Magistrate Judges in the District of Oregon is
available on the Court's website.
DATED: May 21, 2021

MARY L. MORAN
Clerk of Court
by: /s/ S. Behrends
S. Behrends, Deputy Clerk

UNITED STATES DISTRICT COURT
DISTRICT OF OREGON

ELEIKO GROUP AB
Plaintiff,

Case No.: 3:21−cv−00775−SB

v.
RUDY A KADLUB, et al.
Defendant.

Discovery and Pretrial Scheduling Order
To facilitate discovery and the effective management of this case, the Court orders that:
1.

Discovery and Pretrial Deadlines: Unless otherwise ordered by the Court, the parties shall,
a.

within 120 days of this Order:
i.
File all pleadings pursuant to Fed. R. Civ. P. 7(a) and 15;
ii. Join all claims, remedies, and parties pursuant to Fed. R. Civ. P. 18 and 19;
iii. File all pretrial, discovery, and dispositive motions;
iv. Complete all discovery; and
v. Confer as to Alternate Dispute Resolution pursuant to LR 16−4(c).

b.

within 150 days of this Order:
i.
File a Joint ADR Report pursuant to LR 16−4(d);
ii. File a Proposed Pretrial Order pursuant to LR 16−5.

2.
Corporate Disclosure Statement: In accordance with Fed. R. Civ. P. 7.1 and LR 7.1−1, any
non−governmental corporate party must file a corporate disclosure statement concurrently with its
first appearance (See also LR 83−9).
3.

Initial Conference of Counsel for Discovery Planning:

a.
Except in cases exempted under Fed. R. Civ. P. 26(a)(1)(B), upon learning the identity of
counsel for Defendant(s), counsel for the Plaintiff(s) must initiate communications with counsel for
Defendant(s).
b.
All counsel must then confer as required by Fed. R. Civ. P. 26(f) within thirty (30) days
after a defendant files a responsive pleading or a motion under Fed. R. Civ. P. 12. (See LR 26−1.)
c.

Counsel should also discuss their client's positions regarding:

i.
Consent to a Magistrate Judge; and
ii. Alternate Dispute Resolution options. ADR options include judicial settlement
conferences or Court−sponsored mediation with highly qualified lawyer−mediators. Court−sponsored
mediators agree to conduct mediation without cost to the Court or parties for four (4) hours, exclusive
of preparation and travel time to and from the agreed location for mediation. Parties are encouraged to
visit the Court's website for additional ADR information, including mediator biographies,
subject−matter expertise, and contact information.

d.
If counsel for all of the parties agree to forgo the initial disclosures required by Fed. R.
Civ. P. 26(a)(1), they shall file with the Court the Fed. R. Civ. P. 26(a) Discovery Agreement form
issued with this order (See LR 26−2). Whether or not the parties agree to forgo the initial disclosures,
they may seek discovery once the initial conference of counsel for discovery planning contemplated
by Fed. R. Civ. P. 26(f) has occurred. (See LR 26−1.)
4.
Rule 16 Court Conference for Scheduling and Planning: Counsel for Plaintiff(s) and for
Defendant(s) must, during or promptly after the conference of counsel referred to in section 3 above,
contact the assigned judge's courtroom deputy clerk to schedule a Rule 16 Conference for scheduling
and planning. (See LR 16−2.)
At the Rule 16 Conference, the parties must be prepared to discuss discovery, whether there is consent
to a Magistrate Judge, and any scheduling or other issues, including any requested modifications to
the initial scheduling order set forth in section 1 above, and possible submission of trial exhibits
electronically (See LR 5−7(b)).
5.
Service of this Order: Counsel for the Plaintiff (the "filing party") must serve this order and all
attachments upon all other parties to the action. (In cases removed to this Court, the removing
defendant is considered the "filing party.") (See LR 3−5.) A pro se filing party is required to serve this
order and all attachments upon all other parties to the action.
DATED: May 21, 2021

MARY L. MORAN
Clerk of Court
by: /s/ S. Behrends
S. Behrends, Deputy Clerk

UNITED STATES DISTRICT COURT
DISTRICT OF OREGON

ELEIKO GROUP AB
Plaintiff,

Case No.: 3:21−cv−00775−SB

v.
RUDY A KADLUB, et al.
Defendant.

Fed. R. Civ. P. 26(a)(1) Discovery Agreement
Pursuant to LR 26−2, I state that the parties who have been served and who are not in default
have agreed to forgo the disclosures required by Fed. R. Civ. P. 26(a)(1).
DATED:
Signature:
Name and OSB ID:
E−mail Address:
Firm Name:
Mailing Address:
City, State, Zip:
Parties Represented:

UNITED STATES DISTRICT COURT
DISTRICT OF OREGON

ELEIKO GROUP AB
Plaintiff,

Case No.: 3:21−cv−00775−SB

v.
RUDY A KADLUB, et al.
Defendant.

Consent to Jurisdiction by a Magistrate Judge
and Designation of the Normal Appeal Route
Pursuant to Fed. R. Civ. P 73(b), as counsel for the party (parties) identified below, I consent to
have a United States Magistrate Judge conduct any and all proceedings in this case, including entry of
orders on dispositive motions, trial, and entry of final judgment. I understand that withholding consent
will not result in any adverse consequences. Pursuant to Fed. R. Civ. P. 73(c), I agree that an appeal
from a judgment entered at a Magistrate Judge's direction may be taken to the court of appeals as
would any other appeal from a district court judgment.
DATED:
Signature:
Name and OSB ID:
E−mail Address:
Firm Name:
Mailing Address:
City, State, Zip:
Parties Represented:

U.S. District Court − Oregon
Civil Case Management Time Schedules
Local Rule

Event or Requirement

Time Frame

Comment

LR 16−1(d)

Discovery and Pretrial
Scheduling Order (with
attachments)

Issued by the Clerk's Office at
new civil case initiation, along
with the summonses

Required to be served on all
parties by the filing party (See
LR 3−5)

LR 26−1

Initial Conference for
Discovery Planning

Within 30 days of a defendant
filing a responsive pleading or a Held between the parties
motion under Fed. R. Civ. P. 12

LR 16−2

Rule 16 Conference

Scheduled by the assigned
judge after the required LR
26−1 initial discovery planning
conference

Affirmative duty on all
counsel to contact the
assigned judge's courtroom
deputy (See LR 16−2(a))

LR 16−4(c)

ADR Conference
Requirements

Within 120 days from the date
the Discovery and Pretrial
Scheduling Order is issued

Parties must confer with other
attorneys and unrepresented
parties to discuss ADR
options

Joint Status Report

Within 120 days from the date
the Discovery and Pretrial
Scheduling Order is issued

Required in cases assigned to
Judge Jones

LR 16−2(e)

Completion of Discovery

Unless otherwise ordered by the Discovery deadlines are set
Court, within 120 days from the forth in the Discovery and
date the Discovery and Pretrial Pretrial Scheduling Order
Scheduling Order is issued

LR 16−4(d)

Joint ADR Report

Within 150 days from the date
the Discovery and Pretrial
Scheduling Order is issued

The parties must file a Joint
ADR Report

LR 16−5

Joint Proposed Pretrial Order

Unless otherwise modified
pursuant to LR 16−5(a), within
150 days from the date the
Discovery and Pretrial
Scheduling Order is issued

The Joint Proposed Pretrial
Order filing deadline is
established in the Discovery
and Pretrial Scheduling Order

LR
16−4(f)(2)(B)

Notice to the Court that the
Parties Are Unable to Select a
Court−sponsored Mediator
from the Court's list of
mediators

Within fourteen (14) days after
entry of a court order referring a
case for Court−sponsored
mediation

Plaintiff's attorney (or the pro
se plaintiff) is responsible for
notifying the assigned judge
who will then designate a
mediator

LR 16−4(h)(1) Notification of Private ADR
Results

Not later than seven (7) days
after the conclusion of private
ADR proceedings

Plaintiff's attorney (or the pro
se plaintiff) is responsible for
notifying the court

LR 16−4(h)(2) Report of Court−sponsored
Mediator

Not later than seven (7) days
following the conclusion of the
mediation if no settlement is
achieved

Court−sponsored mediator is
responsible for notifying the
court