Jump to content

When do I get a case Mgmt Conference??


Recommended Posts

Hello everyone! When do I get a case mgmt conference?? Also, after I send my Meet and Confer Letter, whats next??! I know I need to work on my Motion to compel, but when Do I call the court and ask for the trial date to be changed?! How does all of this work?? :confused:

Link to comment
Share on other sites

Here was my experience from 6 years ago. At the time, there was no Meet and Confer requirement, so YMMV. (But I keep wondering why so many defendants are messing around with it, instead of letting the plaintiff do the work.)

So about 2 months after the suit was filed, we received the notice for the Initial Case Management Conference to be held in another 6 weeks. So, the initial conference was about 3.5 months after the suit was filed. In the local court rules, I found a reference that the goal of the court was to hold them within 135 days - which is 3.5 months.

Since we filed an Answer, this Initial Case Management Conference was never held. As per the statement on the notice, it was automatically vacated without a hearing, and the case was designated for regular Case Management, and a Case Management Conference was scheduled for about two months further down the road. (I don't have my paperwork at my fingertips, so the two months is my best recollection.)

At that CMC, the basic question was "Is Discovery completed?" It wasn't, so the CMC was continued, and the next CMC was scheduled for a few more months down the road. At than next CMC, Discovery had been completed, so a trial was scheduled for yet again several months down the road.

I'll let the tale rest there.

Regards,

DH

BTW, except for that first conference, both parties need to fill out a Case Management Statement, file a copy with the court and mail a copy to the other side. The form is available online.

Link to comment
Share on other sites

Hello all,

So I already had my case mgmt when I went to court on Feb 10,2012... I look up my case and it said 'Case Mgmt Completed', here's the minute order....

XXXXXX- JUDGE

CLERK: XXXXX

COURT REPORTER XXXXX

COURT ATTENDANT XXXXX

-

APPEARANCES:

SPECIAL APPEARANCE BY ATTORNEY LAVONNA HAYASHI FOR PLAINTIFFS COUNSEL LEGAL RECOVERY LAW OFFICES.

DEFENDANT XXXXXX PRESENT

-

PROCEEDINGS:

CASE MANAGEMENT CONFERENCE HELD.

-

HEARINGS:

COURT TRIAL ON COMPLAINT FILED XX/XX/XX OF CAPITAL ONE BANK (USA) N A IS SET FOR XX/XX/XX IN DEPARTMENT 00

COUNSEL FOR PLAINTIFF TO GIVE NOTICE.

ACTION - COMPLETE

=== MINUTE ORDER END ===

Now what do I do?!

Link to comment
Share on other sites

I'm confused. Your original question was about when a CMC would be held, but then you say it was already held, and it looks like you were there. It also looks like your trial date was set.

So was this the first conference?

Did both sides file Case Management Statements?

Did the judge determine, or even ask, if Discovery had been completed?

Did you receive or send Discovery requests?

How long until the trial?

Like 1stStep says, you want to conduct Discovery before you go to trial, so you know what the other side is going to use as evidence and you can plan your defense.

Good luck.

DH

Link to comment
Share on other sites

I'm confused. Your original question was about when a CMC would be held, but then you say it was already held, and it looks like you were there. It also looks like your trial date was set.

So was this the first conference?

Did both sides file Case Management Statements?

Did the judge determine, or even ask, if Discovery had been completed?

Did you receive or send Discovery requests?

How long until the trial?

Like 1stStep says, you want to conduct Discovery before you go to trial, so you know what the other side is going to use as evidence and you can plan your defense.

Good luck.

DH[

I apologize for the confusion! I didn't realize I even had a CMC. The judge didn't say anything about CMC. He just said I should try to settle out of court to avoid attorney fees and also said that I can have an arbitration the day of the trial. What does all this mean??? Trial is scheduled for June 10, 2012. Now I need to send discovery?! I already sent the Meet and Confer... Is that okay?! Please someone lead me in the right direction? I sent two BOP and they responded by saying... "Plaintiff has not yet completed its discovery and/or investigation as to what other amounts plaintiff may be entitled to in accordance with the law and/or the parties' agreement. As such, plaintiff reserves the right to amend this response at any point prior to an at trial."

Link to comment
Share on other sites

"Plaintiff has not yet completed its discovery and/or investigation as to what other amounts plaintiff may be entitled to in accordance with the law and/or the parties' agreement. As such, plaintiff reserves the right to amend this response at any point prior to an at trial."

I've seen this exact phrasing in another case. It has no bearing on why they did not respond to the BOP. If they ignored the meet and confer, file the MTC.

Link to comment
Share on other sites

"Plaintiff has not yet completed its discovery and/or investigation as to what other amounts plaintiff may be entitled to in accordance with the law and/or the parties' agreement. As such, plaintiff reserves the right to amend this response at any point prior to an at trial."

I've seen this exact phrasing in another case. It has no bearing on why they did not respond to the BOP. If they ignored the meet and confer, file the MTC.

Thank you 'LegalEagle'... I'm sending my 2nd Meet and Confer today. When do I do the discovery?! Do I need to do the Discovery if I've sent 2 BOP requests?!

Link to comment
Share on other sites

I've always thought of the BOP as a form of Discovery.

As for the rest of it, through another forum member I recently learned about California form DISC-015.

It asks for (paraphrasing):

1. Name and address of witnesses you (plaintiff) intend to call at trial.

2. A description of each document you intend to offer at trial, and copies of those documents

3. A description of each photograph and other physical evidence you intend to offer at trial.

At the bottom of the form is this statement:

You Will Not Be Permitted To Call Any Witness Or Introduce Any Evidence Not Included In Your Statement in Response To This Request, Except As Otherwise Provided By Law.

That's all Discovery is. Then you look over what they provide, and decide if you're going to fold and settle, or go to trial and fight. And like that statement says, anything they don't provide to you ahead of time can't be used at trial.

Good luck,

DH

Edited by debtorshusband
Link to comment
Share on other sites

Guest
This topic is now closed to further replies.
 Share

×
×
  • Create New...

Important Information

We have placed cookies on your device to help make this website better. You can adjust your cookie settings, otherwise we'll assume you're okay to continue.. For more information, please see our Privacy Policy and Terms of Use.