Order (2020-11-20)

Summary

An initial case management guideline and clerk's notice filed August 27, 2020 as Document 15 in Children's Health Defense v. Facebook Inc., et al., Case No. 20-cv-05787-SI, in the U.S. District Court for the Northern District of California. It orders that a case management conference be held before the Honorable Susan Illston on November 20, 2020 at 2:30 p.m., and directs the plaintiff to serve the order on all parties. Counsel must confer and file a joint case management statement not less than seven days before the conference, and be prepared to set trial, discovery cutoff, expert designation and pretrial conference dates. A notice to pro se litigants sets out service requirements under Rule 4, including service within 120 days and proof of service within 125 days after the complaint is filed. It is issued by the clerk of court through a deputy clerk.

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          Case 3:20-cv-05787-SI Document 15 Filed 08/27/20 Page 1 of 3




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 4                                   UNITED STATES DISTRICT COURT

 5                                  NORTHERN DISTRICT OF CALIFORNIA

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      Children's Health Defense,
 7                                                         Case No. 20-cv-05787-SI (SI)
                      Plaintiffs,
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               v.                                          INITIAL CASE MANAGEMENT
 9                                                         GUIDLINE AND CLERK'S NOTICE
      Facebook Inc., et al.,
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                      Defendants.
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12           IT IS HEREBY ORDERED that, pursuant to Rule 16(b), Federal Rules of Civil Procedure,

13   and Civil L.R. 16-10, a Case Management Conference will be held in this case before the

14   Honorable Susan Illston on November 20, 2020 at 2:30 p.m. in Courtroom No. 1, 17th floor

15   Federal Building.

16           Plaintiff(s) shall serve copies of this Order at once on all parties to this action, and on any

17   parties subsequently joined, in accordance with the provisions of Fed.R.Civ.P. 4 and 5.

18   Following service, plaintiff(s) shall file certificate of service with the Clerk of this Court.

19           Counsel are directed to confer in advance of the Case Management Conference. Not less

20   than seven days before the conference, counsel shall file a joint case management statement in

21   compliance with the Civil Local Rules and the Standing Order for All Judges of the Northern

22   District of California. Failure to file a joint statement shall be accompanied by a signed

23   declaration setting forth the grounds for such failure. Failure to show good cause for such failure

24   may subject the parties to sanctions.

25           Each party shall be represented at the Case Management Conference by counsel prepared

26   to address all of the matters referred to in this Order, and with authority to enter stipulations and

27   make admissions pursuant to this Order. The parties are encouraged to attend.

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             Case 3:20-cv-05787-SI Document 15 Filed 08/27/20 Page 2 of 3




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              Any request to reschedule the above dates should be made in writing, and by stipulation, if
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     possible, not less than ten days before the conference date. Good cause must be shown.
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              At the case management conference the parties should be prepared to address and resolve
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     the following: setting the date and the estimated length of the trial; setting the date for discovery
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     cutoff; setting the date to designate experts and other witnesses; and setting the date for the pretrial
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     conference.
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              Standing Orders: All parties shall comply with the Standing Order for All Judges of the
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     Northern District of California concerning the contents of the joint case management conference
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     statement and Judge Illston’s Standing Order.
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              Failure to comply with this Order or the Local Rules of this Court may result in sanctions.
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     See Fed.R.Civ.P. 16(f), Civil L.R. 1-4.
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                     NOTICE TO PRO SE LITIGANTS IN NON-PRISONER ACTIONS:
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              If you are proceeding in this lawsuit without an attorney, and have not been granted leave
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     to proceed in forma pauperis, then the following directives apply to you in the prosecution of your
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     case.
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              The court hereby ORDERS you to comply with the service requirements of Rule 4 of the
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     Federal Rules of Civil Procedure as set forth below. Failure to follow the procedures set forth in
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     this order may result, under Rule 4 (m), in dismissal of your case.
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              It is your responsibility to obtain a valid summons from the clerk and to effect service of
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     the summons and complaint on all defendants in accordance with Rule 4 of the Federal Rules of
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     Civil Procedure. If you have named the United States government, a federal agency, a federal
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     official or a federal employee as a defendant, you must comply with the special requirements of
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     Rule 4 (i).
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          Case 3:20-cv-05787-SI Document 15 Filed 08/27/20 Page 3 of 3




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            Service may be effected by any person who is not a party and who is at least 18 years of
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     age, which means that you, as a party, may not effect service. If service of the summons and
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     complaint is not made upon a defendant within 120 days after the filing of the complaint, your
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     action will, under Rule 4 (m), be dismissed as to that defendant.
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            Within 125 days after the filing of the complaint, you must file proof of service indicating
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     which defendants were served within the 120 days allowed under Rule 4 (m) and showing, in
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     accordance with Rule 4 (i), how each of those defendants was served (for example, by attaching
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     appropriate certificates of service). You must also show cause why a defendant not served within
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     the 120 days allowed under Rule 4 (m) should not be dismissed without prejudice.
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            Failure to do these things within the designated time will result in the dismissal of your
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     case under Rule 4 (m) and Rule 41 (b).
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            For additional information on procedures for litigating in Federal Court, pro se litigants are
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     encouraged to contact the Court’s Legal Help Center 415-782-8982 or sign up for an appointment
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     with the Center at 450 Golden Gate Avenue, 15th Floor, Room 2796, San Francisco, CA 94102.
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     Dated: August 27, 2020
17                                                    Susan Y. Soong
                                                      Clerk, United States District Court
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20                                                    By: ________________________
                                                      Teddy Van Ness, Deputy Clerk to the
21                                                    Honorable SUSAN ILLSTON
                                                      415-522-2028
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