Order: PENINSULA OPEN SPACE TRUST vs. ERNEST J. MCNABB, et al

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                                SUPERIOR COURT OF THE                STATE OF CALIFORNIA
                                                               COUNTY OF         SAN MATEO
                                                          UNLIMITED CIVIL JURISDICTION


                                                                                      Civil No. 20 CIV 02349
                                    Plaintiffs,
                                                                                     ORDER CONTINUING CASE
                           Peninsula Open Space Trust                                MANAGEMENT CONFERENCE,
                                                                                     AS THE ACTION IS NOT YET
                           vs.                                                        “AT ISSUE”
                           Ernest J.  Mcabb,      et a1.,

                                    Defendants.
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                           To ALL PARTIES AND THEIR COUNSEL 0F RECORD:                                   new
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                                    THE COURT FINDS            as follows:


                                    An initial Case Management Conference was previously ordered and scheduled
                           for October 7, 2020, in this action.
                                    Pursuant to Rule 3.722(d) of the California Rules of Court, based upon the
                           Court’s review of the led        Case Management Statement(s)          and the docket of this     action,
                           the Court determines that appearances at the Conference are not necessary at this time,                  as
                           this action is not yet “at issue”;    and determines that the Case Management Conference
                           should be continued.
                                    Pursuant to   CRC Rule 3.1 10(b),      a plaintiff is required to serve the Summons and
                           Complaint upon      all named    defendants   and  le   proofs of service of process upon all of
                           those defendants within 60 days        after the ling    of the Complaint.
                                    +        Cross-Defendant has failed to le         proofs of service of the
                                    Summons and Complaint upon all Defendants.
                                    _        Plaintiff has led    proofs of service of the Summons and Complaint
                                    upon all Defendants, yet not all Defendants have led             an appearance in
                                    this action and/or had a Default entered against them.
                                    _        Plaintiffhas led     proofs of service of the Summons and Complaint
                                    upon   allDefendants,    but  not  all Defendants have led        an Answer and/or
                                    had a Default entered against them.

                                    IT IS  HEREBY ORDERED as follows:                                                  ~




                                    1.       As this action is not yet “at issue”, the initial Case Management
                           Conference is CONTINUED to December 4, 2020 at 9:00 a.m. in Department                         11 of this
                           Court, located at Courtroom 2D, 400 County Center, Redwood City, California.
                                    2.       No later than 30 days prior to the date of this initial Case Management
                           Conference, the parties must meet and confer, in person or by telephone, to                consider each
                           of the issues identied      in CRC Rule 3.721      and Rule 3.727.
                                    3.       Pursuant to CRC Rule 3.725, no later than              15 days prior to the date of
                           this initial Case Management Conference, each party must le                     and serve    a new   Case
                           Management Statement, individually or jointly, using the Judicial Council
                           mandatory form CM—110.            However, it would facilitate the issuance of a case
                           management order Without an appearance at the Case Management Conference if you
                           would le     and serve   your Case Management twenty-ve              (25) days before the Case
                           Management      Conference.
                                    4.       After all parties have made a formal appearance in this action, the parties
                           may directly proceed to      an Appropriate Dispute Resolution (“ADR”) process by ling                  a
                           Stipulation to ADR and Proposed Order (Local Form ADR-CV-l).                      If all parties le   a
                           completed Stipulation      to ADR    and  Proposed    Order   at least ten (10)  calendar   days prior to
                           the date of this initial Case Management Conference, the Case Management Conference
                           will be vacated (i.e., taken off the Court’s calendar), and this action will be referred to the
                           ADR Director.
                                    5.       Pursuant to Local Rule 0.2, Local Rule 2.3(m),           and CRC Rule 2.30, the
                           Court is empowered to impose monetary sanctions of a minimum of $150.00 upon any
                           party or their counsel for failure to follow the requirements of this Order, or of the
                         .
                          California Rules of Court,       or of the Code of Civil Procedure.        If you fail to  follow the
                           requirements    of this  Order, you   will be  subj ect to an  order  to show   cause   as to why
                           monetary sanctions of $150.00, or some other amount, should not be imposed against
                           you.
                                    6.       PLAINTIFF(S) must serve this Order on all parties not listed on the
                           Court’s proof of service within ve         (5) days of the date of this Order.

                           DATED:            September 22, 2020
                                                                                 MARIE S. WEINER
                                                                                 JUDGE OF THE SUPERIOR COURT