Opinion
ORDER (1) DISMISSING UNSERVED DEFENDANT, (2) REFERRING PARTIES TO MEDIATION, AND (3) SETTING CASE MANAGEMENT SCHEDULING DATES
HOWARD R. LLOYD, Magistrate Judge.
The order that follows is based on the discussion at the April 13, 2010 Case Management Conference and the previously filed Joint Case Management Statement.
A. Unserved Defendant Longdi Lin
Plaintiff filed suit in August 2009 against ATEN New Jersey, Inc.; ATEN International Co. Ltd.; and individual defendant Longdi Lin. Plaintiff now informs the court that he still has not served defendant Lin and does not know when or how he might serve Lin. As plaintiff has missed the deadline for serving Lin by more than one hundred days, the court DISMISSES defendant Longdi Lin from this case without prejudice pursuant to Federal Rule of Civil Procedure 4(m).
B. Referral to Mediation
The parties have agreed to court-appointed mediation for purposes of Alternative Dispute Resolution. The deadline for the parties' mediation session is ninety (90) days from this order.
C. Case Management Schedule
The court adopts the parties' statement of disputed factual and legal issues as set forth in the Joint Case Management Statement. The presumptive limits on discovery set forth in the Federal Rules of Civil Procedure shall apply.
The parties indicate that they have not yet completed their initial disclosures. The parties shall complete their initial disclosures by May 4, 2010.
If the case does not settle through the ADR process, the parties shall contact the chambers of Magistrate Judge Trumbull well in advance of the Pretrial Conference to arrange a Settlement Conference to take place just prior to the Pretrial Conference.
The following schedule shall apply to this case:
Any motions to compel fact discovery must be filed no later than seven days after the Fact Discovery Cutoff, and any motions to compel expert discovery must be filed no later than seven days after the Expert Discovery Cutoff. See N.D. Cal. Civ. R. 26-2.
Furthermore, the parties shall comply with the court's "Standing Order re: Pretrial Preparation" with respect to the timing and content of the Joint Pretrial Statement and other pretrial submissions.
Parties may obtain copies of all of Judge Lloyd's standing orders from the clerk of the court, or from Judge Lloyd's page on the court's website (www.cand.uscourts.gov).
IT IS SO ORDERED.