On June 30, 2004 a
Order
was filed
involving a dispute between
John E. Hill,
Law Offices Of John E. Hill,
Michael Guta,
Michael Smith,
and
John E. Hill,
Law Offices Of John E. Hill,
Michael Guta,
for Unlimited Civil
in the District Court of Alameda County.
Preview
TT
FILED
ALAMEDA COUNTY
JAN 0 6 2008
CLERK OF ve jiraal COURT
By j
SUPERIOR COURT OF CALIFORNIA, ] | Depury
COUNTY OF ALAMEDA
Casenumber
SMITH
Plaintiff RG04-163436
vs.
HILL
Defendant
ORDER re: CASE MANAGEMENT
MM & TRIAL SETTING ORDER WITH NOTICE OF TRIAL
|] & ORDER TO SHOW CAUSE
THE COURT HAS ORDERED THE FOLLOWING:
We At the conclusion of a judicially supervised Case Management Conference.
[] After review of the case, including timely filed Case Management Statements, without a
conference.
Compliance with the paragraphs (1) through (16) below is required ifsuch paragraph is marked
with an “X” in the space provided.
FURTHER CASE MANAGEMENT CONFERENCE
s/
M1. A further Case Management Conference is scheduled for fs1, gat Vey Dept. // 3 .
[] 2. The Case Management Conference currently scheduled for isVACATED and
[ jadvanced [_] continued to at in Dept.
[4 3. Updated Case Management Statements in compliance with CRC 212 and Alameda County Local
Rules, Chapter 4,on Judicial Council Form CM-110, must be filed no later than 5 days before
next Case Management Conference. If the foregoing date isa court holiday or a weekend, the
time isextended to the next business day.
All unserved parties must be served with summons/complaint/cross-complaint, acopy of this
order, and proof of service filed with the court.
Parties must timely file:
[_] a. any demurrers, or similar motions challenging thepleadings,
[_]b. Other:
so that adjudication of motions shall occur before
[| Updated Case Management Statements are due.
[_] Mandatory Settlement Conference Statements are due.
The following discovery must be completed before updated Case Management Statements are
due:
[_] Medical examination(s) of parties [] and deposition of doctor
[_] All non-expert depositions
(_| All interrogatory and/or document production discovery
[_] Disclosure of identities of experts and expert witness depositions (without prejudice to
additional disclosures pursuant to CCP §2034 prior totrial).
ALTERNATIVE DISPUTE RESOLUTION (ADR)
The case is referred to [_] Judicial Arbitration [4 Private Mediation [_] Private Arbitration
i] said process to be completed by poet Crk haha
L_] before the updated CMC Statements are due and the results thereof to be included in said
Statements, except tothe extent precluded by Evidence Code §§ 1115-1128 or by a
confidentiality agreement.
[4 All counsel and self-represented parties who are proceeding to mediation or other form of
ADR requiring the selection of a neutral shall advise the Case Management Judge in
writing no later than Wy § of the identity of the neutral and the date selected . Ifthe
parties have failed to so notify the court, counsel and self-represented parties shall appear
in Dept. 73 on ly, Pa oRM
MANDATORY SETTLEMENT CONFERENCE
A Mandatory Settlement Conference pursuant to CRC 222 is setfor in Dept. at
. Trial counsel, the parties, claims representatives and all other persons with fullauthority
to settlethe case must personally attend unless the Court has, before the Conference, authorized
telephonic participation upon written application with notice to all other parties and good cause
shown. A Settlement Conference Statement complying with CRC 222 (c)must be filedwith the
court no laterthan and served on all other parties. If the foregoing date isa court holiday
or a weekend, the time isextended to the next business day.
4
TRIAL SETTING ORDERS
The Court makes the following trialsetting orders:
Trial dates Vs. at 8:45 AM in Dept. Onee
Estimated length of trial: 10 court days.
The parties are ordered to comply with the Pretrial Orders set forth in Appendix A.
[_| Trial by jury is waived by allparties, the action shallproceed as a court trial.
[4- Jury isdemanded by [\-Plaintiff(s) [4Defendant(s)
[_] Cross-defendant(s)
[_] (Specify ifless than all parties to a side)
[_] Jury iswaived by |] Plaintiff(s) [_] Defendant(s)
("| Cross-defendant(s)
L_] (Specify ifless than all parties to a side)
[| Tury isreserved by [| Plaintiff(s) [_] Defendant(s)
[_] Cross-defendant(s)
[| (Specify ifless than all parties to a side)
[_] 10. The Trial Date currently scheduled for isVACATED.
[|_|The case is rescheduled fortrial on at 8:45AM inDept.
[_] Statutory discovery dates remain inforce as aresult of the original Trial Setting Order.
|_| This order constitutes a new Trial Setting Order. Discovery is re-opened and governed by the
appropriate statutory provisions.
NOTICES
[| 11. Counsel for [_]Plaintiff(s)["] Defendant(s) must forthwith serve a copy ofthis order on all
counsel of record and self-represented parties,and fileproof of service.
|] 12a. Clerk isdirected to serve endorsed-filed copies ofthis order, with proof of service, tocounsel and
to self-represented parties of record by [_] mail [] fax.
[| 12b. Counsel served endorsed-filed copies of this order forthwith, in open court.
SANCTIONS
[-] 13. Sanctions: Proof having been made to the satisfaction ofthe court that attorney
has failed to
sanctions are ordered as follows:
[_] a.Monetary sanctions inthe sum of are ordered and are
[_] 1.payable to the clerk of the court within __ calendar days.
[_] 2. stayed pending further order of the court.
[_] 3. stayed until the next Case Management Conference.
[_] b. Other sanctions:
[_] c.A copy of this order will be forwarded to the State Bar of California.
(| 14. Other orders and/or comments:
[_] a.Attorney is ordered toappear at the Case Management
Conference scheduled in Paragraph 1 above.
[J b. Attorney is ordered to serve defendant(s) before next court date,
is ordered to grant no extensions oftime to Answer, isordered to serve by publication if
defendant(s) cannot be located, or in the alternative is ordered to dismiss.
[|c. Attorney is ordered toobtain default court judgment before next
court date, is ordered to grant no extensions of time to Answer, or in the alternative is ordered to
dismiss.
FAILURE TO DO ANY OF THE ABOVE MAY RESULT IN THE CLAIM
BEING DISMISSED, ANSWER BEING STICKEN AND/OR IMPOSITION
OF MONETARY SANCTIONS.
d. Attorney of record may not appear through unassociated counsel.
[]e. Other:
Ix| 15. Any delay in the trial,caused by non-compliance with any order contained herein, shail be the
subject of sanctions pursuant to CCP 177.5.
REASSIGNMENT
[_] 16. Good cause having been shown pursuant toLocal Rule 4.3 (2), the above-entitled action is
reassigned to
| |Plan 1 |_|Plan 2 [] Plan 3 [| Plan 4
[_] Exempt [| Other:
DATED: January 06, 2005 ( Ys: Lis yy) Li cK
JUDGE OF THE JPPERIOG£OURT
Document Filed Date
January 06, 2005
Case Filing Date
June 30, 2004
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TT FILED ALAMEDA COUNTY JAN 0 6 2008 CLERK OF ve jiraal COURT By j SUPERIOR COURT OF CALIFORNIA, ] | Depury COUNTY OF ALAMEDA Casenumber SMITH Plaintiff RG04-163436 vs. HILL Defendant ORDER re: CASE MANAGEMENT MM & TRIAL SETTING ORDER WITH NOTICE OF TRIAL |] & ORDER TO SHOW CAUSE THE COURT HAS ORDERED THE FOLLOWING: We At the conclusion of a judicially supervised Case Management Conference. [] After review of the case, including timely filed Case Management Statements, without a conference. Compliance with the paragraphs (1) through (16) below is required ifsuch paragraph is marked with an “X” in the space provided. FURTHER CASE MANAGEMENT CONFERENCE s/ M1. A further Case Management Conference is scheduled for fs1, gat Vey Dept. // 3 . [] 2. The Case Management Conference currently scheduled for isVACATED and [ jadvanced [_] continued to at in Dept. [4 3. Updated Case Management Statements in compliance with CRC 212 and Alameda County Local Rules, Chapter 4,on Judicial Council Form CM-110, must be filed no later than 5 days before next Case Management Conference. If the foregoing date isa court holiday or a weekend, the time isextended to the next business day. All unserved parties must be served with summons/complaint/cross-complaint, acopy of this order, and proof of service filed with the court. Parties must timely file: [_] a. any demurrers, or similar motions challenging thepleadings, [_]b. Other: so that adjudication of motions shall occur before [| Updated Case Management Statements are due. [_] Mandatory Settlement Conference Statements are due. The following discovery must be completed before updated Case Management Statements are due: [_] Medical examination(s) of parties [] and deposition of doctor [_] All non-expert depositions (_| All interrogatory and/or document production discovery [_] Disclosure of identities of experts and expert witness depositions (without prejudice to additional disclosures pursuant to CCP §2034 prior totrial). ALTERNATIVE DISPUTE RESOLUTION (ADR) The case is referred to [_] Judicial Arbitration [4 Private Mediation [_] Private Arbitration i] said process to be completed by poet Crk haha L_] before the updated CMC Statements are due and the results thereof to be included in said Statements, except tothe extent precluded by Evidence Code §§ 1115-1128 or by a confidentiality agreement. [4 All counsel and self-represented parties who are proceeding to mediation or other form of ADR requiring the selection of a neutral shall advise the Case Management Judge in writing no later than Wy § of the identity of the neutral and the date selected . Ifthe parties have failed to so notify the court, counsel and self-represented parties shall appear in Dept. 73 on ly, Pa oRM MANDATORY SETTLEMENT CONFERENCE A Mandatory Settlement Conference pursuant to CRC 222 is setfor in Dept. at . Trial counsel, the parties, claims representatives and all other persons with fullauthority to settlethe case must personally attend unless the Court has, before the Conference, authorized telephonic participation upon written application with notice to all other parties and good cause shown. A Settlement Conference Statement complying with CRC 222 (c)must be filedwith the court no laterthan and served on all other parties. If the foregoing date isa court holiday or a weekend, the time isextended to the next business day. 4 TRIAL SETTING ORDERS The Court makes the following trialsetting orders: Trial dates Vs. at 8:45 AM in Dept. Onee Estimated length of trial: 10 court days. The parties are ordered to comply with the Pretrial Orders set forth in Appendix A. [_| Trial by jury is waived by allparties, the action shallproceed as a court trial. [4- Jury isdemanded by [\-Plaintiff(s) [4Defendant(s) [_] Cross-defendant(s) [_] (Specify ifless than all parties to a side) [_] Jury iswaived by |] Plaintiff(s) [_] Defendant(s) ("| Cross-defendant(s) L_] (Specify ifless than all parties to a side) [| Tury isreserved by [| Plaintiff(s) [_] Defendant(s) [_] Cross-defendant(s) [| (Specify ifless than all parties to a side) [_] 10. The Trial Date currently scheduled for isVACATED. [|_|The case is rescheduled fortrial on at 8:45AM inDept. [_] Statutory discovery dates remain inforce as aresult of the original Trial Setting Order. |_| This order constitutes a new Trial Setting Order. Discovery is re-opened and governed by the appropriate statutory provisions. NOTICES [| 11. Counsel for [_]Plaintiff(s)["] Defendant(s) must forthwith serve a copy ofthis order on all counsel of record and self-represented parties,and fileproof of service. |] 12a. Clerk isdirected to serve endorsed-filed copies ofthis order, with proof of service, tocounsel and to self-represented parties of record by [_] mail [] fax. [| 12b. Counsel served endorsed-filed copies of this order forthwith, in open court. SANCTIONS [-] 13. Sanctions: Proof having been made to the satisfaction ofthe court that attorney has failed to sanctions are ordered as follows: [_] a.Monetary sanctions inthe sum of are ordered and are [_] 1.payable to the clerk of the court within __ calendar days. [_] 2. stayed pending further order of the court. [_] 3. stayed until the next Case Management Conference. [_] b. Other sanctions: [_] c.A copy of this order will be forwarded to the State Bar of California. (| 14. Other orders and/or comments: [_] a.Attorney is ordered toappear at the Case Management Conference scheduled in Paragraph 1 above. [J b. Attorney is ordered to serve defendant(s) before next court date, is ordered to grant no extensions oftime to Answer, isordered to serve by publication if defendant(s) cannot be located, or in the alternative is ordered to dismiss. [|c. Attorney is ordered toobtain default court judgment before next court date, is ordered to grant no extensions of time to Answer, or in the alternative is ordered to dismiss. FAILURE TO DO ANY OF THE ABOVE MAY RESULT IN THE CLAIM BEING DISMISSED, ANSWER BEING STICKEN AND/OR IMPOSITION OF MONETARY SANCTIONS. d. Attorney of record may not appear through unassociated counsel. []e. Other: Ix| 15. Any delay in the trial,caused by non-compliance with any order contained herein, shail be the subject of sanctions pursuant to CCP 177.5. REASSIGNMENT [_] 16. Good cause having been shown pursuant toLocal Rule 4.3 (2), the above-entitled action is reassigned to | |Plan 1 |_|Plan 2 [] Plan 3 [| Plan 4 [_] Exempt [| Other: DATED: January 06, 2005 ( Ys: Lis yy) Li cK JUDGE OF THE JPPERIOG£OURT