Free ADR Clerks Notice - District Court of California - California

Case 4:07-cv-04408-CW

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Filed 01/24/2008

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1 2 3 4 5 6 7 8 9 10 United States District Court
Northern District of California

UNITED STATES DISTRICT COURT
Northern District of California Midwest Transport, Inc., Plaintiff(s), v. FCE Benefit Administrators, Inc., Defendant(s). 07-04408 CW NOTICE RE: NONCOMPLIANCE WITH COURT ORDER

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The parties have failed to file an ADR Certification and either a Stipulation and [Proposed] Order Selecting an ADR Process or a Notice of Need for ADR Phone Conference as required by the Initial Case Management Scheduling Order. Counsel shall Meet and Confer forthwith in an attempt to agree on an ADR process for this matter. Thereafter, counsel, on behalf of themselves and each party, promptly shall file an ADR Certification and either 1) a Stipulation and [Proposed] Order Selecting ADR Process, or 2) a Notice of Need for ADR Phone Conference (Civil L.R. 16-8(b), ADR L. R. 3-5(b) Civil L.R. 16-8(c), ADR L. R. 3-5(c), (d)). (These forms are available at www.adr.cand.uscourts.gov.)

Further, in accordance with ADR L.R. 3-5(e) counsel shall concurrently provide a copy of all documents filed pursuant to this notice directly to the ADR Unit either by fax (415-522-4112), hand delivery (ADR Program, USDC, Northern District of California, Notice Re: Noncompliance With Court Order 07-04408 CW -1-

Case 4:07-cv-04408-CW

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Filed 01/24/2008

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1 2 3 4 5 6 7 8 9 10 United States District Court
Northern District of California

450 Golden Gate Avenue, 16th Floor, San Francisco, California), or by PDF attachment to an e-mail directed to [email protected].

It is the responsibility of counsel to schedule an ADR Phone Conference, if required, to occur before the Case Management Conference.

Dated: January 24, 2008 RICHARD W. WIEKING Clerk by: Timothy J. Smagacz

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Case 4:07-cv-04408-CW

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PROOF OF SERVICE Case Name: Case Number: Midwest Transport, Inc. v. FCE Benefit Administrators, Inc. 07-04408 CW

I declare that I am an employee in the Office of the Clerk, U.S. District Court, Northern District of California. I am over the age of eighteen (18) years and not a party to the action. My business address is: ADR Program United States District Court Norther District of California 450 Golden Gate Avenue Floor 16 San Francisco, CA 94102 On January 24, 2008, I served a true and correct copy of: Notice Re: Noncompliance With Court Order [X] electronically, I caused said documents to be transmitted using ECF as specified by General Order No. 45 to the following parties: Julie Lynn Waters Carmody MacDonald P.C. 120 South Central Avenue Suite 1800 St. Louis, MO 63105 [email protected] Carter Winford Ott DLA Piper US LLP 153 Townsend Street Suite 800 San Francisco, CA 94107 [email protected] David Philipp Stoeberl Carmody MacDonald P.C. 120 South Central Avenue Suite 1800 St. Louis, MO 63105 [email protected]

Case 4:07-cv-04408-CW

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Robert D. Eassa Filice Brown Eassa & McLeod LLP 1999 Harrison Street 18th Floor Oakland, CA 94612 [email protected] Paul R. Johnson Filice Brown Eassa & McLeod LLP 1999 Harrison Street 18th Floor Oakland, CA 94612 [email protected] John Hamilton Stephens 945 Fourth Avenue San Diego, CA 92101 [email protected]

[ ] by Facsimile, I caused said documents to be transmitted to the following parties by fax machine: [ ] by U. S. Mail, I placed a true copy in a sealed envelope with postage fully prepaid in the United States Post Office Mail Box in San Francisco, California, addressed as follows:

I declare under penalty of perjury that the foregoing is true and correct and that this declaration was executed on January 24, 2008 in San Francisco, California. RICHARD W. WIEKING Clerk by: Timothy J. Smagacz ADR Administrative Assistant 415-522-4205 [email protected]