Translate
Text Highlighter

Bookmark

PDF

Share

Report a problem
AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Docket Number
Advocates
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Docket Number
Advocates

IN RE: CHONG HUI KIM, Debtor. CHONG YO YI, Plaintiff v. CHONG HUI KIM, Defendant

SCHEDULING ORDER

JOHN S. UNPINGCO, District Judge.

Pursuant to Rules 16 and 26(f) of the Federal Rules of Civil Procedure, and Local Rule 16.1 for the District Court of Guam, the parties hereby submit the following Scheduling Order:

1. The nature of the case is as follows: Plaintiff filed an adversarial Complaint objecting to Discharge, pursuant to 28 U.S.C. § 1334 and 11 U.S.C. § 727, alleging that Defendant has failed to fully disclose all property of the Debtor.

2. There are no motions filed or pending in this matter. Discovery has not been initiated by either party at this time.

3. All Motions to amend pleadings shall be filed on or before November 19, 2002 and heard on December 20, 2002.

4. Status of Discovery:

(a) The times for disclosures under Rules 26(a) and 26(e) of the Federal Rules of Civil Procedure are modified as follows:

1. The "Initial Disclosures" described in subsections (A), (B), (C) and (D) of FRCP Rule 26(a)(1) have not yet been exchanged. [Pursuant to local rule, these are not to be filed].
2. The "Disclosure of Expert Testimony" as required under FRCP Rule (a) shall be made at least 90 days before the trial date or by January 7,2003.
3. The "Pretrial Disclosures" described in FRCP Rule 26(a)(3)(A), (B) and (c) shall be made at least 30 days before the trial date or by March 7,2003.

b) The following is a description and schedule of all pretrial discovery each party intends to initiate prior to the close of discovery:

Plaintiff: Interrogatories, Requests to Produce, Admissions.

Defendant: Deposition of Plaintiff; Requests to Produce, Admissions,

Interrogatories.

5. The Discovery cut-off date (defined as the last day to file responses to discovery) is December 16, 2002.

6. The anticipated discovery motions are Motions to Compel from either party. All discovery motions shall be filed on or before December 27, 2002 and heard on or before January 17, 2003. The anticipated dispositive motions are Motions for Summary Judgment by either party. All dispositive motions shall be filed on or before January 24, 2003 and heard on or before February 14, 2003.

7. The prospects for settlement are unknown at this time.

8. The Preliminary Pretrial Conference shall be held on March 17, 2003 at 3:15 p.m. (no later than twenty-one (21) days prior to trial).

9. The parties' pretrial materials, discovery material, witness lists, designations and exhibit lists shall be filed on or before March 24, 2003 (no later than fourteen (14) days prior to trial).

10. The Proposed Pretrial Order shall be filed on or before March 24, 2003 (no later that fourteen (14) days prior to trial).

11. The Final Pretrial Conference shall be held on March 31, 2003 (seven (7) days prior to trial).

12. The trial shall be held on April 7, 2003 at 9:00 am. (In no event shall the trial be later than 18 months after the complaint is filed, unless the Court otherwise allows).

13. The trial is not a jury trial.

14. It is anticipated that it will take 2 days to try this case.

15. The names of counsel on this case are:

For Plaintiff: Monica Valle Berman O'Connor Mann Shklov Suite 503, Bank of Guam Building #111 Chalan Santo Papa Hagåña; Guma, 96910
For Defendant: D. Graham Botha, Esq. Suite 202, Isla Plaza Building 388 S. Marine Drive Tamuning, Guam 96911

16. The parties wish to submit this case to a settlement conference.

17. The parties suggest that they Stipulate in advance to an interpreter to shorten the trial.

18. The following issues will also affect the status or management of the case:

The Plaintiff, Defendant and witnesses are not fluent in English and require interpretation of the spoken and written word.

Use AI to get other relevant cases.

Comments

IN RE KIM, (Bankr.D.Guam 2002)
(Sep 11, 2002)