Case 2:23-cv-01997-MCA-JSA Document 56 Filed 07/11/23 Page 1 of 6 PageID: 1435
`UNITED STATES DISTRICT COURT
`DISTRICT OF NEW JERSEY
`
` Chambers of
`Jessica S. Allen
`United States Magistrate Judge
`
`To: All counsel of record
`
`Martin Luther King Federal Building
`& U.S. Courthouse
`50 Walnut Street
`Newark, NJ 07101
`973-645-2580
`
`7/11/23
`
`LETTER ORDER PURSUANT TO RULE 16.1
`
`RE: ZIRVI v. ILLUMINA, INC., et al.
` Civil Action No. 23-1997 (MCA)(JSA)
`
`Dear Counsel:
`
`The Court will conduct an Initial Scheduling Conference before the Undersigned on
`10/12/23 at 11:00 a.m. by way of Zoom Video Conference, and will provide the parties with the connection
`information in advance.
`
`Counsel are advised that the early disclosure requirements of Fed. R. Civ. P. 26 will
`be enforced. Therefore, counsel shall immediately exchange the following information without a formal discovery
`request:
`
`-
`-
`-
`-
`-
`
`identities of individuals likely to have knowledge of discoverable facts;
`documents and things in the possession of counsel or the party;
`identities of experts and their opinions;
`insurance agreements in force; and
`statement of the basis for any damages claimed.
`
`At least fourteen (14) days prior to the conference scheduled herein, counsel shall personally
`meet and confer pursuant to Fed. R. Civ. P. 26(f), and shall submit a joint discovery plan to the
`Undersigned no later than OCTOBER 6, 2023. The discovery plan shall include (1) a brief summary
`of the claims and defenses; and (2) a proposed schedule for completing fact and expert discovery. The
`discovery plan may include a summary of the status of settlement negotiations.
`
`(THE DISCOVERY PLAN SHALL BE IN THE FORM ATTACHED AND SHALL BE
`SUBMITTED JOINTLY.)
`
`

`

`Case 2:23-cv-01997-MCA-JSA Document 56 Filed 07/11/23 Page 2 of 6 PageID: 1436
`At the Conference, the Court will address scheduling of all motions. No motions, other than
`a motion under Fed. R. Civ. P. 12, shall be filed without prior leave of Court. If any motions
`have already been filed, please advise the Court immediately, in writing, regarding the
`nature of
`the motion and
`its present status. You may submit unopposed applications for pro
`hac vice admission with my Chambers. Please obtain consent of your adversary prior to filing
`your application, advising both in your cover letter and proposed Order that
`you have consent. In
`addition, the party shall follow the requirements of L.Civ.R. 101.1(c) and submit a certification that
`states local counsel:
`
`is a member of the New Jersey bar in good standing and lists all bars in which
`(1)
`counsel is admitted and their contact information, (2) will be responsible for the conduct of the pro hac
`vice counsel, (3) will sign all pleadings and submissions and make all court appearances, and (4)
`will ensure that pro hac vice counsel will comply with L.Civ.R. 101.1(c). The certification shall also
`state whether or not the applicant has received the consent of opposing counsel. The certification
`of proposed pro hac vice counsel shall include said counsel's actual signature and state that counsel: (1)
`is a member of a bar in good standing and list all bars in which counsel is admitted and their contact
`information,
`will submit to this Court’s jurisdiction for discipline, (3) will pay the Clerk's fee, (4)
`(2)
`will make payment to the client fund; and (5) will abide by Local Civil Rule 101.1(c).
`
`At the Conference, all parties who are not appearing pro se must be represented by counsel
`who shall have full authority to bind their clients in all pre-trial matters. Counsel shall also be
`prepared to discuss the merits of the case and have settlement authority. See L.Civ.R. 16.1(a).
`
`Counsel for Plaintiff(s) shall notify any party, who hereafter enters an appearance,
`of the above Conference, and forward to that party a copy of this Order.
`The parties must advise this Court immediately if this action has been settled or terminated so
`that the above Conference may be canceled.
`Failure to comply with the terms herein may result in the imposition of sanctions.
`
`SO ORDERED.
`
`/s/ Jessica S. Allen___________
`Honorable Jessica S. Allen
`United States Magistrate Judge
`
`cc: Hon. Madeline Cox Arleo, U.S.D.J.
`
`

`

`Case 2:23-cv-01997-MCA-JSA Document 56 Filed 07/11/23 Page 3 of 6 PageID: 1437
`
`UNITED STATES DISTRICT COURT
` DISTRICT OF NEW JERSEY
`
`Civil Action No.
`
`Hon.
`
`JOINT DISCOVERY PLAN
`
`Defendant(s). :
`
`Set forth a factual description of the case. Include the causes of action and affirmative
`defenses asserted.
`
`Have settlement discussions taken place? Yes __________ No __________
`
`If so, when? ____________________________________________________________
`
`(a)
`
`What was plaintiff’s last demand?
`
`(1)
`(2)
`
`Monetary demand: $ ___________
`Non-monetary demand: __________
`
`(b)
`
`What was defendant’s last offer?
`
`(1)
`(2)
`
`Monetary offer: $ ___________
`Non-monetary offer: __________
`
`The parties [have ______ -have not ______] exchanged the information required by Fed.
`R. Civ. P. 26(a)(1). If not, state the reason therefor.
`
`Describe any discovery conducted other than the above disclosures.
`
`Generally, dispositive Motions cannot be filed until the completion of discovery.
`Describe any Motions any party may seek to make prior to the completion of discovery.
`Include any jurisdictional Motions and Motions to Amend.
`
`The parties proposed the following:
`
`(a)
`
`(b)
`
`(c)
`
`(d)
`
`Discovery is needed on the following subjects:
`
`Should discovery be conducted in phases? If so, explain.
`
`Number of Interrogatories by each party to each other party: ________
`
`Number of Depositions to be taken by each party: ___________
`
`:
`:
`:
`:
`:
`
`::
`
`
`
`
`
`
`
`
`
`
`
`Plaintiff(s),
`
`
`v.
`
`
`
`
`
`1.
`
`2.
`
`3.
`
`4.
`
`5.
`
`6.
`
`

`

`Case 2:23-cv-01997-MCA-JSA Document 56 Filed 07/11/23 Page 4 of 6 PageID: 1438
`
`(e)
`
`(f)
`
`(g)
`
`(h)
`
`(i)
`
`(j)
`
`(k)
`
`Plaintiff’s expert report due on _______________.
`
`Defendant’s expert report due on ______________.
`
`Motions to Amend or to Add Parties to be filed by _______________.
`
`Dispositive motions to be served within ______days of completion of discovery.
`
`Factual discovery to be completed by
`
`.
`
`Expert discovery to be completed by ____________.
`
`Set forth any special discovery mechanism or procedure requested, including
`data preservation orders or protective orders:
`
`(l)
`
`A pretrial conference may take place on
`
`(m) Trial by jury or non-jury Trial?
`
`(n)
`
`Trial date: ______________________.
`
`7.
`
`8.
`
`9.
`
`Do you anticipate any discovery problem(s)? Yes __________ No __________
`If so, explain.
`
`Do you anticipate any special discovery needs (i.e., videotape/telephone depositions,
`problems with out-of state witnesses or documents, etc.)? Yes ________ No _______
`If so, explain.
`
`State whether this case is appropriate for voluntary arbitration (pursuant to L. Civ. R.
`201.1 or otherwise), mediation (pursuant to L. Civ. R. 301.1 or otherwise), appointment
`of a special master or other special procedure. If not, explain why and state whether any
`such procedure may be appropriate at a later time (i.e., after exchange of pretrial
`disclosures, after completion of depositions, after disposition of dispositive motions,
`etc.).
`
`10.
`
`Is this case appropriate for bifurcation? Yes __________ No __________
`
`11. We [do _____ do not
`Judge.
`
`] consent to the trial being conducted by a Magistrate
`
`Plaintiff(s)
`
`Defendant(s)
`
`

`

`Case 2:23-cv-01997-MCA-JSA Document 56 Filed 07/11/23 Page 5 of 6 PageID: 1439
`
`United States District Court for the District of New Jersey
`
`NOTICE
`November 2004
`
`Dear Bar Member:
`
`The United States District Court for the District of New Jersey implemented electronic case
`filing on January 5, 2004. The Case Management/Electronic Case Filing (CM/ECF) system is
`browser-based and accessible over the Internet. We are excited about the benefits this technology
`offers to the court and the bar, especially being able to file and view documents 24 hours a day from
`the convenience of your office or home.
`
`Training is essential to utilize the full capabilities of this system. Attorneys are encouraged to
`participate in training and register to become e-filers. For your convenience, we are providing three
`methods of ECF training. Hands-on training classes are offered at each of our three courthouses.
`You can register for these classes on our web site at pacer.njd.uscourts.gov. There is a self-paced
`ECF tutorial that is accessible from our web site as well. We also offer on-site training that can be
`arranged at your firm depending on the number of attendees and the availability of suitable facilities
`by calling (973)-645-4439.
`
`ECF registration forms can be obtained from any of our three offices or completed
`electronically on our website. It is strongly suggested that you familiarize yourself with the Policies
`and Procedures that govern the use of this System. The Electronic Case Filing Policies and Procedures
`are available on our web site, along with our ECF User’s Guide and other useful information.
`
`In addition to ECF access, it is recommended that a PACER (Public Access to Electronic
`Records) account is obtained. A PACER account will provide Filing Users with querying capabilities.
`PACER is a fee-for-use service offered by the Administrative Office of the United States Courts.
`Contact the PACER Service Center at (800) 676-6856 or on-line at http://pacer.psc.uscourts.gov.
`
`Please be advised that documents not filed electronically but filed in the traditional
`manner on paper must be accompanied by a floppy diskette or a CD containing the document(s)
`in PDF format. Each PDF document must not exceed 2MB or 2048KB. If the paper document
`contains an original signature, then the electronic version contained on the diskette or CD must
`include a signature line with As/@ (e.g., s/Jennifer Doe).
`
` The real success of this system is a function of the number of lawyers who become registered
`e-filing users. Upon receipt of your ECF login and password, the court expects you to file
`electronically. Please take advantage of the CM/ECF training opportunities and become a
`registered e-filer before e-filing becomes mandatory. Beginning January 31, 2005, electronic
`case filing will be mandatory for all civil and criminal cases other than pro se cases.
`
`Sincerely,
`
`Clerkof the Court
`
`

`

`Case 2:23-cv-01997-MCA-JSA Document 56 Filed 07/11/23 Page 6 of 6 PageID: 1440
`
`ALTERNATIVE DISPUTE RESOLUTION
`IN THE
`UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF NEW JERSEY
`
`Mediation is the Alternative Dispute Resolution (“ADR”) program in this Court.
`Mediation is governed by Local Civil Rule 301.1. The mediation program under this rule is
`supervised by a judicial officer who is available to answer any questions about the program.
`
`Any district judge or magistrate judge may refer a civil action to mediation. This
`may be done without the consent of the parties. However, the Court encourages parties to
`confer among themselves and consent to mediation. Moreover, you are reminded that, when
`counsel confer pursuant to Rule 26(f) of the Federal Rules of Civil Procedure and Local Civil
`Rule 26.1, one of the topics that must be addressed is the eligibility of a civil action for
`participation in ADR.
`
`A civil action may be referred to mediation at any time. However, one of the
`advantages of mediation is that, if successful, it enables parties to avoid the time and expense of
`discovery and trial. Accordingly, the Court encourages parties to consent to mediation prior to
`or at the time that automatic disclosures are made pursuant to Rule 26(a)(1) of the Federal Rules
`of Civil Procedure.
`
`If parties consent to mediation, they may choose a mediator either from the list of
`certified mediators maintained by the Court or by the selection of a private mediator. If a civil
`action is referred to mediation without consent of the parties, the judicial officer responsible for
`supervision of the program will select the mediator.
`
`Mediation is non-judgmental. The role of the mediator is to assist the parties in
`reaching a resolution of their dispute. The parties may confer with the mediator on an ex parte
`basis. Anything said to the mediator will be deemed to be confidential and will not be revealed
`to another party or to others without the party’s consent. The first six hours of a mediator’s time
`is free. The mediator’s hourly rate thereafter is $150.00, which is borne equally by the parties.
`
`If you would like further information with regard to the mediation program please
`review the Guidelines for Mediation, which are available on the Court’s Web Site
`pacer.njd.uscourts.gov and appear as Appendix Q to the Local Civil Rules. You may also make
`inquiries of the judicial officer responsible for supervision of the program.
`
`Civil actions in which there are pro se parties (incarcerated or not) are not
`eligible for mediation.
`
`