Lam v. Midland Credit Management, Inc. et al Doc.

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Case 3:06-cv-02621-LAB-WMC Document 2 Filed 12/07/2006 Page 1 of 5

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8 UNITED STATES DISTRICT COURT
9 SOUTHERN DISTRICT OF CALIFORNIA
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11 KIEN LAM, ) Case No. 06cv2621 LAB (WMc)
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12 Plaintiff, ) NOTICE AND ORDER FOR EARLY
) NEUTRAL EVALUATION CONFERENCE
13 v. )
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14 MIDLAND CREDIT MANAGEMENT, )
INC., a corporation; PATENAUDE )
15 & FELIX, a professional )
corporation; DAVID C. SCOTT, an )
16 individual; and DOES 1 THROUGH )
10 inclusive,
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Defendants.
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IT IS HEREBY ORDERED that an Early Neutral Evaluation of your
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case will be held on January 16, 2007 at 2:00 p.m. in the chambers
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of the Honorable William McCurine, Jr., United States Magistrate
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Judge, 940 Front Street, Courtroom C, San Diego, California, 92101.
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Absent extraordinary circumstances, requests for continuances will
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not be considered unless submitted in writing no less than fourteen
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(14) days prior to the scheduled conference.
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Pursuant to Local Rule 16.1(c) of the Local Rules of the
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United States District Court for the Southern District of

06cv2621 LAB (WMc)

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 Case 3:06-cv-02621-LAB-WMC Document 2 Filed 12/07/2006 Page 2 of 5

1 California, all named parties, all counsel, and any other person(s)
2 whose authority is required to negotiate and enter into settlement
3 shall appear in person at the conference, shall be prepared to
4 discuss the claims and defenses, and shall be legally and factually
5 prepared to discuss and resolve the case at the Early Neutral
6 Evaluation conference. Full authority to settle means that the
7 individual present at the settlement conference has the unfettered
8 discretion and authority to: 1) fully explore settlement options
9 and to agree at that time to any settlement options; 2) agree at
10 that time to any settlement terms acceptable to the parties; 3)
11 change the settlement position of a party; and 4) negotiate
12 monetary awards without being restricted to a specific sum certain.
13 Where the suit involves the United States or one of its
14 agencies, only United States counsel with full settlement authority
15 need appear. As to all other parties, appearance by litigation
16 counsel only is not acceptable.
17 Requests to be excused from attendance for extraordinary
18 circumstances must be in writing and received by the Court at least
19 fourteen (14) days prior to the conference. Failure of required
20 counsel and parties to appear in person will be cause for the
21 imposition of sanctions. Sanctions will include, but are not
22 limited to, the attorney's fees and travel costs of the other
23 parties in the case. In addition, the conference will not proceed
24 and will be reset to another date. All conference discussions will
25 be informal, off the record, privileged, and confidential.
26 Counsel for any non-English speaking parties is responsible
27 for arranging for the appearance of an interpreter at the
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1 In cases where a party is incarcerated at the time of the

2 scheduled conference, arrangements will be made for the
3 incarcerated party to appear telephonically.
4 The parties are required to submit a short Early Neutral
5 Evaluation Conference Statement about the case on a confidential
6 basis no later than seven (7) days before the conference.
7 Rule 26 of the Federal Rules of Civil Procedure shall apply to
8 this case. All discovery shall be stayed until after the Rule
9 26(f) conference, unless otherwise permitted by Rule 26(f) or court
10 order.
11 In the event the case does not settle at the Early Neutral
12 Evaluation Conference, the parties shall also be prepared to
13 discuss the following matters at the conclusion of the conference:
14 1. Any anticipated objections under Federal Rule of Civil
15 Procedure 26(a)(1)(E) to the initial disclosure provisions of
16 Federal Rule of Civil Procedure 26(a)(1)(A-D);
17 2. The scheduling of the Federal Rule of Civil Procedure
18 26(f) conference;
19 3. The date of initial disclosure and the date for lodging
20 the discovery plan following the Rule 26(f) conference; and
21 4. The scheduling of a Case Management Conference pursuant
22 to Federal Rule of Civil Procedure 16(b).
23 Plaintiff's counsel shall give written notice of the Early
24 Neutral Evaluation Conference to parties responding to the
25 complaint after December 7, 2006.
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1 Questions regarding this case may be directed to the

2 Magistrate Judge's law clerk at (619) 557-6624.
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4 Dated: December 7, 2006
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6 Hon. William McCurine, Jr.
U.S. Magistrate Judge
7 United States District Court
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9 COPY TO:
10 HONORABLE LARRY A. BURNS, UNITED STATES DISTRICT JUDGE
ALL PARTIES AND COUNSEL OF RECORD
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1 NOTICE OF RIGHT TO CONSENT TO TRIAL

BEFORE A UNITED STATES MAGISTRATE JUDGE
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3 IN ACCORDANCE WITH THE PROVISIONS OF 28 U.S.C. § 636(c), YOU
4 ARE HEREBY NOTIFIED THAT A U.S. MAGISTRATE JUDGE OF THIS DISTRICT
5 MAY, UPON THE CONSENT OF ALL PARTIES, ON FORM 1A AVAILABLE IN THE
6 CLERK'S OFFICE, CONDUCT ANY OR ALL PROCEEDINGS, INCLUDING A JURY
7 OR NON-JURY TRIAL, AND ORDER THE ENTRY OF A FINAL JUDGMENT.
8 COUNSEL FOR THE PLAINTIFF SHALL BE RESPONSIBLE FOR OBTAINING THE
9 CONSENT OF ALL PARTIES, SHOULD THEY DESIRE TO CONSENT.
10 YOU SHOULD BE AWARE THAT YOUR DECISION TO CONSENT OR NOT TO
11 CONSENT IS ENTIRELY VOLUNTARY AND SHOULD BE COMMUNICATED SOLELY
12 TO THE CLERK OF COURT. ONLY IF ALL PARTIES CONSENT WILL THE
13 JUDGE OR MAGISTRATE JUDGE TO WHOM THE CASE HAS BEEN ASSIGNED BE
14 INFORMED OF YOUR DECISION.
15 JUDGMENTS OF THE U.S. MAGISTRATE JUDGES ARE APPEALABLE TO THE
16 U.S. COURT OF APPEALS IN ACCORDANCE WITH THIS STATUTE AND THE
17 FEDERAL RULES OF APPELLATE PROCEDURE.
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