Free Order - District Court of California - California

Case 3:08-cv-00435-LAB-NLS

Document 11

Filed 04/07/2008

Page 1 of 4

1 2 3 4 5 6 7 8 9 10 11 12 13 Plaintiffs, 14 15 16 17 18 This case was reassigned from Magistrate Judge Bencivengo to Magistrate Judge Stormes 19 pursuant to the low-number rule. Therefore, this Court VACATES the Early Neutral Evaluation set for 20 before May 5, 2008 Judge Bencivengo. Further, this Court SETS a telephonic Early Neutral Evaluation 21 of this case for May 13, 2008 at 2:00 p.m. before Judge Stormes. Only counsel or parties representing 22 themselves shall appear. Plaintiffs' counsel is responsible to arrange the conference call. 23 The following are mandatory guidelines for the parties preparing for the Early Neutral 24 Evaluation Conference. 25 1. 26 ("ENE") is to permit an informal discussion between the attorneys, parties, and the settlement judge of 27 every aspect of the lawsuit in an effort to achieve an early resolution of the case. All conference 28 discussions will be informal, off the record, privileged and confidential. Counsel for any non-English 1
08cv435 LAB (NLS)

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA AMERICAN TOWER CORPORATION, a Delaware corporation; TMO CA/NV, LLC, a Nevada limited liability company; and OMNIPOINT COMMUNICATIONS, INC., a Delaware corporation, v. THE CITY OF SAN DIEGO, California, a political subdivision of the State of California, Defendant. ) ) ) ) ) ) ) ) ) ) ) ) ) ) Civil No.08cv435 LAB (NLS) NOTICE AND ORDER SETTING TELEPHONIC EARLY NEUTRAL EVALUATION CONFERENCE WITH COUNSEL ONLY

Purpose of Conference: The purpose of the Early Neutral Evaluation Conference

Case 3:08-cv-00435-LAB-NLS

Document 11

Filed 04/07/2008

Page 2 of 4

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

speaking parties is responsible for arranging for the appearance of an interpreter at the conference. 2. Confidential ENE Statements Required: No later than three (3) court days prior to the

ENE, the parties shall submit confidential statements of five pages or less directly to the chambers of Magistrate Judge Stormes outlining the nature of the case, the claims, and the defenses. These statements shall not be filed or served on opposing counsel. 3. New Parties Must Be Notified by Plaintiff's Counsel: Plaintiff's counsel shall give

notice of the ENE to parties responding to the complaint after the date of this notice. 4. Case Management Under the Amended Federal Rules: In the event the case does not

settle at the ENE, the parties can expect to leave the ENE with Rule 26 compliance dates or deadlines. Parties shall therefore be prepared to discuss the following matters at the conclusion of the ENE conference: a. Any anticipated objections under Federal Rule of Civil Procedure 26(a)(1)(E) to the initial disclosure provisions of Federal Rule of Civil Procedure 26(a)(1)(A-D); b. The scheduling of the Federal Rule of Civil Procedure 26(f) conference within 24 days following the ENE: c. The date of initial disclosure and the date for lodging the discovery plan within 14 days following the Rule 26(f) conference; and, d. The scheduling of a Case Management Conference pursuant to Federal Rule of Civil Procedure 16(b) within 21 days following the Rule 26(f) conference. The Court will issue an order following the ENE addressing these issues and setting dates as appropriate. 5. Requests to Continue an ENE Conference: Local Rule 16.1(c) requires that an ENE

take place within 45 days of the filing of the first answer. Requests to continue ENEs are rarely granted. However, the Court will consider formal, written ex parte requests to continue an ENE conference when extraordinary circumstances exist that make a continuance appropriate. In and of itself, having to travel a long distance to appear in person is not "extraordinary." Absent extraordinary circumstances, requests for continuances will not be considered unless submitted in writing no less than seven (7) days prior to the scheduled conference. 2

08cv435 LAB (NLS)

Case 3:08-cv-00435-LAB-NLS

Document 11

Filed 04/07/2008

Page 3 of 4

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

Questions regarding this case or the mandatory guidelines set forth herein may be directed to the Magistrate Judge's law clerks at (619) 557-5391. A Notice of Right to Consent to Trial Before a United States Magistrate Judge is attached for your information. DATED: April 7, 2008

Hon. Nita L. Stormes U.S. Magistrate Judge

3

08cv435 LAB (NLS)

Case 3:08-cv-00435-LAB-NLS

Document 11

Filed 04/07/2008

Page 4 of 4

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

NOTICE OF RIGHT TO CONSENT TO TRIAL BEFORE A UNITED STATES MAGISTRATE JUDGE

IN ACCORDANCE WITH THE PROVISIONS OF 28 U.S.C. § 636(c), YOU ARE HEREBY NOTIFIED THAT A U.S. MAGISTRATE JUDGE OF THIS DISTRICT MAY, UPON THE CONSENT OF ALL PARTIES, ON FORM 1A AVAILABLE IN THE CLERK'S OFFICE, CONDUCT ANY OR ALL PROCEEDINGS, INCLUDING A JURY OR NON-JURY TRIAL, AND ORDER THE ENTRY OF A FINAL JUDGMENT. COUNSEL FOR THE PLAINTIFF SHALL BE RESPONSIBLE FOR OBTAINING THE CONSENT OF ALL PARTIES, SHOULD THEY DESIRE TO CONSENT.

YOU SHOULD BE AWARE THAT YOUR DECISION TO CONSENT OR NOT TO CONSENT IS ENTIRELY VOLUNTARY. ONLY IF ALL PARTIES CONSENT WILL THE JUDGE OR MAGISTRATE JUDGE TO WHOM THE CASE HAS BEEN ASSIGNED BE INFORMED OF YOUR DECISION.

JUDGMENTS OF THE U.S. MAGISTRATE JUDGES ARE APPEALABLE TO THE U.S. COURT OF APPEALS IN ACCORDANCE WITH THIS STATUTE AND THE FEDERAL RULES OF APPELLATE PROCEDURE.

4

08cv435 LAB (NLS)