Filed: Jun. 04, 2014
Latest Update: Jun. 04, 2014
Summary: ORDER VACATING ORDER TO SHOW CAUSE; ORDERING PLAINTIFF PATTY HOPSON TO COMPLY WITH THE COURT'S ORDERS JON S. TIGAR, District Judge. Plaintiff Patty Hopson, who represents herself, filed this action in Alameda County Superior Court on January 30, 2013, and served Defendant Carpenters Pension Trust Fund for Northern California on September 12, 2013. ECF No. 1. Defendant removed the lawsuit to this court on October 10, 2013, asserting that federal jurisdiction is appropriate because Plaintiff's c
Summary: ORDER VACATING ORDER TO SHOW CAUSE; ORDERING PLAINTIFF PATTY HOPSON TO COMPLY WITH THE COURT'S ORDERS JON S. TIGAR, District Judge. Plaintiff Patty Hopson, who represents herself, filed this action in Alameda County Superior Court on January 30, 2013, and served Defendant Carpenters Pension Trust Fund for Northern California on September 12, 2013. ECF No. 1. Defendant removed the lawsuit to this court on October 10, 2013, asserting that federal jurisdiction is appropriate because Plaintiff's cl..
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ORDER VACATING ORDER TO SHOW CAUSE; ORDERING PLAINTIFF PATTY HOPSON TO COMPLY WITH THE COURT'S ORDERS
JON S. TIGAR, District Judge.
Plaintiff Patty Hopson, who represents herself, filed this action in Alameda County Superior Court on January 30, 2013, and served Defendant Carpenters Pension Trust Fund for Northern California on September 12, 2013. ECF No. 1. Defendant removed the lawsuit to this court on October 10, 2013, asserting that federal jurisdiction is appropriate because Plaintiff's claims arise under a federal law, the Employee Retirement Income Security Act ("ERISA"). Id.
This court ordered the parties to file the Alternative Dispute Resolution ("ADR") certification required by Civil Local Rule 16-8(b), and to file either a stipulation to an ADR Process or a notice of need for an ADR phone conference. October 10, 2013 Order Setting Initial Case Management Conference and ADR Deadlines (ECF No. 2). The court set specific deadlines for compliance with these orders, which passed in January 2014. Id. The court also ordered the parties to file a joint case management statement by March 12, 2014, and to attend a case management conference on March 26, 2014. January 16, 2014 Clerk's Notice Setting Case Management Conference (ECF No. 20).
Plaintiff Hopson did not comply with any of these orders. Accordingly, the Court issued an Order to Show Cause. May 6, 2014 Order to Show Cause Why Complaint Should Not Be Dismissed with Prejudice pursuant to Rule 41(b) of the Federal Rules of Civil Procedure (ECF No. 30). Plaintiff Hopson responded to the Order to Show Cause in writing, stating that she had missed her court appearance because of medical issues. May 19, 2014 letter (ECF No. 33).
Accordingly, the court hereby VACATES the Order to Show Cause, and will not dismiss the complaint with prejudice at this time. Instead, the court will provide a final opportunity for Plaintiff to comply with this court's orders. The court hereby orders as follows:
• Plaintiff is ordered to file the ADR certification required by Civil Local Rule 16-8(b) by or before June 18, 2014.
• Plaintiff is ordered to file either a stipulation to an ADR process, or a notice of need for an ADR telephone conference, by or before June 18, 2014.
• Plaintiff is ordered to file a case management statement by or before June 18, 2014. She may file a statement jointly with Defendant, or she may file her own statement. The statement must contain the information described in the "Standing Order for All Judges of the Northern District of California." In addition, the court orders Plaintiff to address one additional issue in her case management statement: she must explain whether the claims in this lawsuit, filed on January 30, 2013, are different than the claims in the lawsuit she filed against Defendant in Alameda Superior Court on April 21, 2014. Both of these lawsuits are now pending before this court. Plaintiff must explain whether she would oppose consolidating both of these lawsuits into the same case.
• Plaintiff is ordered to attend the case management conference, which is scheduled for June 25, 2014, at 2:00 P.M., Courtroom 9, 19th Floor, 450 Golden Gate Avenue, San Francisco. In Plaintiff Hopson's letter, she stated that attending hearings and conferences in San Francisco would pose a financial burden on her. Plaintiff Hopson may request to appear at the case management conference by telephone. If she wishes to appear by telephone, she must send a written request by or before June 18, 2014, and she must provide a direct-dial telephone number at which she can be reached between 2:00 P.M. and 4:30 P.M. on the date of the conference.
For Plaintiff's convenience, the court has attached to this order the following documents:
• A copy of Civil Local Rule 16-8, which describes Plaintiff's obligations to participate in Alternative Dispute Resolution.
• The Standing Order for All Judges of the Northern District of California, which describes the required contents of the case management statement.
• The undersigned's standing order in civil cases.
Since Plaintiff Hopson is proceeding pro se, the court refers her to helpful information for pro se litigants, including the court's pro se handbook, which is available on the Northern District's website at http://www.cand.uscourts.gov/proselitigants. Plaintiff may also wish to make an appointment with the free Legal Help Center operated by the Bar Association of San Francisco. The Legal Help Center's phone number is 415-782-8982 and further information is available at http://www.cand.uscourts.gov/helpcentersf.
If Plaintiff does not comply with this order, the Court is very likely to dismiss this action with prejudice, which means that she will not be allowed to pursue these claims any further.
IT IS SO ORDERED.
16-3. Lead Trial Counsel Required to Confer
Unless otherwise ordered, the conferring and planning that is mandated by Fed. R. Civ. P. 26(f) and by ADR Local Rule 3-5 must be done by lead trial counsel for each party.
16-4. Procedure in Bankruptcy Appeals
Appeals from the United States Bankruptcy Court to the United States District Court are governed by the Federal Rules of Bankruptcy Procedure and the Bankruptcy Local Rules of this district.
Cross Reference
See Fed. R. Bankr. P. 8001 through 8020 and B.L.R. 8001-1 through 8011-1.
16-5. Procedure in Actions for Review on an Administrative Record
In actions for District Court review on an administrative record, the defendant must serve and file an answer, together with a certified copy of the transcript of the administrative record, within 90 days of receipt of service of the summons and complaint. Within 28 days of receipt of defendant's answer, plaintiff must file a motion for summary judgment pursuant to Civil L.R. 7-2 and Fed. R. Civ. P. 56. Defendant must serve and file any opposition or counter-motion within 28 days of service of plaintiff's motion. Plaintiff may serve and file a reply within 14 days after service of defendant's opposition or counter-motion. Unless the Court orders otherwise, upon the conclusion of this briefing schedule, the matter will be deemed submitted for decision by the District Court without oral argument.
16-6. Procedure in U.S. Debt Collection Cases
These cases shall proceed as follows:
(a) Identification. The first page of the complaint must identify the action by using the words "Debt Collection Case;"
(b) Assignment. Upon filing the complaint, the matter will be assigned to a Magistrate Judge for all pre-trial proceedings; and
(c) Collection Proceedings. If the United States files an application under the Federal Debt Collection Procedures Act, either pre-judgment or post-judgment, such matter will be assigned to a Magistrate Judge.
16-7. Procedure in Other Exempt Cases
Unless otherwise provided in these local rules, in categories of cases that are exempted by Fed. R. Civ. P. 26(a)(1)(B) from the initial disclosure requirements of Fed. R. Civ. P. 26(a)(1), promptly after the commencement of the action the assigned judge will schedule a Case Management Conference or issue a case management order without such conference. Discovery shall proceed in such cases only at the time, and to the extent, authorized by the Judge in the case management order.
16-8. Alternative Dispute Resolution (ADR) in the Northern District
(a) District Policy Regarding ADR. It is the policy of this Court to assist parties involved in civil litigation to resolve their disputes in a just, timely and cost-effective manner. The Court has created and makes available its own Alternative Dispute Resolution (ADR) programs for which it has promulgated local rules. The Court also encourages civil litigants to consider use of ADR programs operated by private entities. At any time after an action has been filed, the Court on its own initiative or at the request of one or more parties may refer the case to one of the Court's ADR programs, or to a judicially hosted settlement conference.
Cross Reference
See ADR L.R. 1-2 "Purpose and Scope;" ADR L.R. 2-3 "Referral to ADR Program." The Court's ADR processes and procedures are described on the Court's ADR Internet site: cand.uscourts.gov/adr.
(b) ADR Certification. In cases assigned to the ADR Multi-Option Program, unless otherwise ordered, no later than the date specified in the Order Setting Initial Case Management Conference and ADR Deadlines, counsel and client must sign, serve and file an ADR Certification. The certification must be made on a form established for this purpose by the Court and in conformity with the instructions approved by the Court. Separate Certifications may be filed by each party. If the client is a government or governmental agency, the certificate must be signed by a person who meets the requirements of Civil L.R. 3-9(c). Counsel and client must certify that both have:
(1) Read the handbook entitled "Dispute Resolution Procedures in the Northern District of California" on the ADR Internet site, cand.uscourts.gov/adr;
(2) Discussed the available dispute resolution options provided by the Court and private entities; and
(3) Considered whether their case might benefit from any of the available dispute resolution options.
Cross Reference See ADR L.R. 3-5 "Selecting an ADR Process."
Commentary
Certification forms are available on the Court's ADR Internet site cand.uscourts.gov/adr. Limited printed copies of the handbook entitled "Dispute Resolution Procedures in the Northern District of California" are available from the Clerk's Office for parties in cases not subject to the Court's Electronic Case Filing program (ECF) under Civil L.R. 5-1(b).
(c) Stipulation to ADR Process or Notice of Need for ADR Telephone Conference. In cases assigned to the ADR Multi-Option Program, unless otherwise ordered, no later than the date specified in the Order Setting Initial Case Management Conference and ADR Deadlines, counsel must file, in addition to the ADR Certification, either a "Stipulation and (Proposed) Order Selecting ADR Process" or a "Notice of Need for ADR Phone Conference" on a form established by the Court.
(1) Stipulation. If the parties agree to participate in a Court-sponsored non-binding arbitration, ENE or mediation, or in private ADR, they must file a form Stipulation and Proposed Order selecting an ADR process.
(2) Notice of Need for ADR Phone Conference. If the parties are unable to agree on an ADR process, or if the parties believe that an early settlement conference with a Magistrate Judge is appreciably more likely to meet their needs than any other form of ADR, they must file a Notice of Need for ADR Phone Conference.
Cross Reference
See ADR L.R. 3-5 "Selecting an ADR Process" and ADR L.R. 3-5(d) "Selection Through ADR Phone Conference."
Commentary
Because of the many other duties assigned to Magistrate Judges, the Court refers only a limited number of cases to Magistrate Judges for early settlement conferences. Forms for "Stipulation to an ADR Process" and "Notice of Need for ADR Telephone Conference" are available on the Court's ADR Internet site cand.uscourts.gov/adr. Limited printed copies are available from the Clerk's Office for parties in cases not subject to the Court's
