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
| A
FILED
ALAMEDA COUNTY
MAY 0 4 duua
CLERK OF THY SHPERIOR COURT
By “an nsf
SUPERIOR COURT OF CALIFORNIA, |y Deputy
COUNTY OF ALAMEDA
SMITH Casenumber
Plaintiff RG04-163436
vs.
HILL
Defendant
ORDER re: CASE MANAGEMENT
|] & TRIAL SETTING ORDER WITH NOTICE OF TRIAL
| ]& ORDER TO SHOW CAUSE
THE COURT HAS ORDERED THE FOLLOWING:
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
[J1. A further Case Management Conference is scheduled for at in Dept.
[42. The Case Management Conference currently scheduled for isVACATED and
[ ]advanced [_] continued to at in Dept.
[]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 filedno laterthan 5 days before
next Case Management Conference. If the foregoing date is a 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 the pleadings,
[ |b. Other:
so that adjudication of motions shall occur before
[_] Updated Case Management Statements are due.
[_] Mandatory Settlement Conference Statements are due.
[l6. The following discovery must be completed before updated Case Management Statements are
due:
[] Medical examination(s) ofparties [_] and deposition of doctor
{"] All non-expert depositions
[_] All interrogatory and/or document production discovery
L_| 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 [_] Private Mediation [_] Private Arbitration
[| said process to be completed by
|] 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 bya
confidentiality agreement.
[_] All counsel and self-represented parties who are proceeding to mediation orother form of
ADR requiring the selection of a neutral shall advise the Case Management Judge in
writing no later than 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. on at .
MANDATORY SETTLEMENT CONFERENCE
A Mandatory Settlement Conference pursuant to CRC 222 is set for 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.
TRIAL SETTING ORDERS
[-]9. The Court makes the following trialsetting orders:
Trial date: at 8:45 AM in Dept.
Estimated length of trial: 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.
[-] Jury isdemanded by [] Plaintiff(s) [] Defendant(s)
[_| Cross-defendant(s)
_] (Specify ifless than all parties to a side)
(| Jury is waived by [_] Plaintiff(s) [_] Defendant(s)
L_] Cross-defendant(s)
L_] (Specify ifless than all parties to a side)
|] Jury 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 for trial on at 8:45AM inDept.
. J Statutory discovery dates remain in force as a result ofthe 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 acopy ofthis order on all
counsel of record and self-represented parties,and fileproof of service.
[4 12a. Clerk is directed to serve endorsed-filed copies of thisorder, with proof of service, to counsel and
to self-represented parties of record by [}4 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: _
[J a.Attorney is ordered to appear atthe Case Management
Conference scheduled in Paragraph 1 above.
[_]b. Attorney is ordered toserve 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.
[ |e.Attorney is ordered toobtain default court judgment before next
court date, isordered to grant no extensions of time toAnswer, 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.
ix d.Attorney of record may not appear through unassociated counsel.
[ic.
fe. Other: ypseaTinve AAd. hiefpe-_ tube. [tad berfla—v~ “P20: oF -
lrg? fun D3 Cahendi "9 Manat ean FT re YY: OF:
Ix| 15. Any delay in the trial,caused by non-compliance with any order contained herein, shall be the
subject of sanctions pursuant to CCP 177.5.
REASSIGNMENT
[_] 16. Good cause having been shown pursuant to Local Rule 4.3 (2), the above-entitled action is
reassigned to
[| Plan 1 [ ] Plan 2 []Plan3 . []Plan4
[_] Exempt [_] Other:
DATED: May 04, 2005 ules J? kK
JUDGE OF THPPERPR COURT
Document Filed Date
May 04, 2005
Case Filing Date
June 30, 2004
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| A FILED ALAMEDA COUNTY MAY 0 4 duua CLERK OF THY SHPERIOR COURT By “an nsf SUPERIOR COURT OF CALIFORNIA, |y Deputy COUNTY OF ALAMEDA SMITH Casenumber Plaintiff RG04-163436 vs. HILL Defendant ORDER re: CASE MANAGEMENT |] & TRIAL SETTING ORDER WITH NOTICE OF TRIAL | ]& ORDER TO SHOW CAUSE THE COURT HAS ORDERED THE FOLLOWING: 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 [J1. A further Case Management Conference is scheduled for at in Dept. [42. The Case Management Conference currently scheduled for isVACATED and [ ]advanced [_] continued to at in Dept. []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 filedno laterthan 5 days before next Case Management Conference. If the foregoing date is a 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 the pleadings, [ |b. Other: so that adjudication of motions shall occur before [_] Updated Case Management Statements are due. [_] Mandatory Settlement Conference Statements are due. [l6. The following discovery must be completed before updated Case Management Statements are due: [] Medical examination(s) ofparties [_] and deposition of doctor {"] All non-expert depositions [_] All interrogatory and/or document production discovery L_| 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 [_] Private Mediation [_] Private Arbitration [| said process to be completed by |] 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 bya confidentiality agreement. [_] All counsel and self-represented parties who are proceeding to mediation orother form of ADR requiring the selection of a neutral shall advise the Case Management Judge in writing no later than 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. on at . MANDATORY SETTLEMENT CONFERENCE A Mandatory Settlement Conference pursuant to CRC 222 is set for 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. TRIAL SETTING ORDERS [-]9. The Court makes the following trialsetting orders: Trial date: at 8:45 AM in Dept. Estimated length of trial: 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. [-] Jury isdemanded by [] Plaintiff(s) [] Defendant(s) [_| Cross-defendant(s) _] (Specify ifless than all parties to a side) (| Jury is waived by [_] Plaintiff(s) [_] Defendant(s) L_] Cross-defendant(s) L_] (Specify ifless than all parties to a side) |] Jury 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 for trial on at 8:45AM inDept. . J Statutory discovery dates remain in force as a result ofthe 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 acopy ofthis order on all counsel of record and self-represented parties,and fileproof of service. [4 12a. Clerk is directed to serve endorsed-filed copies of thisorder, with proof of service, to counsel and to self-represented parties of record by [}4 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: _ [J a.Attorney is ordered to appear atthe Case Management Conference scheduled in Paragraph 1 above. [_]b. Attorney is ordered toserve 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. [ |e.Attorney is ordered toobtain default court judgment before next court date, isordered to grant no extensions of time toAnswer, 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. ix d.Attorney of record may not appear through unassociated counsel. [ic. fe. Other: ypseaTinve AAd. hiefpe-_ tube. [tad berfla—v~ “P20: oF - lrg? fun D3 Cahendi "9 Manat ean FT re YY: OF: Ix| 15. Any delay in the trial,caused by non-compliance with any order contained herein, shall be the subject of sanctions pursuant to CCP 177.5. REASSIGNMENT [_] 16. Good cause having been shown pursuant to Local Rule 4.3 (2), the above-entitled action is reassigned to [| Plan 1 [ ] Plan 2 []Plan3 . []Plan4 [_] Exempt [_] Other: DATED: May 04, 2005 ules J? kK JUDGE OF THPPERPR COURT