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United States District Court

Northern District of California

UNITED STATES DISTRICT COURT 

NORTHERN DISTRICT OF CALIFORNIA 

IRWIN ROSMARIN,

Plaintiff,

v.

BIOMET, INC., et al.,

Defendants.

Case No. 13-cv-03032-WHO 

CASE MANAGEMENT CONFERENCE

ORDER

IT IS HEREBY ORDERED that, pursuant to Fed.R.Civ.P. 16(b) and Civil L. R. 16-10, a 

Case Management Conference will be held in this case before the Honorable William H. Orrick on 

October 1, 2013 at 2:00 P.M. in Courtroom 2, 17th Floor, 450 Golden Gate Avenue, San 

Francisco, CA 94102. This conference shall be attended by lead trial counsel for parties who are 

represented. Parties who are proceeding without counsel must appear personally. 

1. Case Management Conference Requirements 

 a. Plaintiffs shall serve copies of this Order at once on all parties to this action, and on 

any parties subsequently joined, in accordance with the provisions of Fed.R.Civ.P. 

4 and 5. Following service, plaintiffs shall file a certificate of service with the Clerk 

of this Court.

b. Counsel are directed to confer in advance of the Case Management Conference. 

Not less than seven days before the conference, counsel shall file a joint case 

management statement in compliance with the Civil Local Rules and the Standing 

Order for All Judges of the Northern District of California. Failure to file a joint 
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United States District Court

Northern District of California

statement shall be accompanied by a signed declaration setting forth the grounds 

for such failure. Failure to show good cause for such failure may subject the parties 

to sanctions. 

c. Each party shall be represented at the Case Management Conference by counsel 

prepared to address all of the matters referred to in this Order, and with authority to 

enter stipulations and make admissions pursuant to this Order. 

d. Any request to reschedule the above date should be made in writing, and by 

stipulation, if possible, not less than ten days before the conference date. Good 

cause must be shown. 

e. At the Case Management Conference the parties should be prepared to address and 

resolve the following: setting the date and the estimated length of the trial; setting 

the date for discovery cutoff; setting the date to designate experts and other 

witnesses; and setting the date for the pretrial conference. 

2. Notice to Unrepresented (Pro Se) Parties in Non-Prisoner Cases 

a. Parties representing themselves should visit the link titled "Representing Yourself" 

on the Court's homepage, www.cand.uscourts.gov. The link discusses the Court's 

"Legal Help Center" for unrepresented parties, run by the Court's Federal Pro Bono 

Project. The Legal Help Center can be reached at 415-782-9000 ext. 8657 and is 

located on the 15th Floor, Room 2796, of the courthouse at 450 Golden Gate 

Avenue in San Francisco. 

b. If you are representing yourself and you have not been granted leave to proceed in 

forma pauperis (IFP) by the Court, you must comply with the service requirements of 

Rule 4 of the Federal Rules of Civil Procedure, as set forth below. Failure to follow the 

procedures may result, under Rule 4(m), in dismissal of your case: 
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United States District Court

Northern District of California

(i) It is your responsibility to obtain a valid summons from the clerk and to effect 

service of the summons and complaint on all defendants in accordance with 

Rule 4 of the Federal Rules of Civil Procedure. If you have named the United 

States government, a federal agency, a federal official or a federal employee as 

a defendant, you must comply with the special requirements of Rule 4(i). 

(ii) Service may be effected by any person who is not a party and who is at least 18 

years of age, which means that you, as a party, may not effect service. If 

service of the summons and complaint is not made upon a defendant within 

120 days after the filing of the complaint, your action will, under Rule 4(m), be 

dismissed as to that defendant. 

(iii) Within 125 days after the filing of the complaint, you must file proof of service 

indicating which defendants were served within the 120 days allowed under 

Rule 4(m) and showing, in accordance with Rule 4(i), how each of those 

defendants was served (for example, by attaching appropriate certificates of 

service). You must also show cause why a defendant not served within the 120 

days allowed under Rule 4(m) should not be dismissed without prejudice. 

(iv) Failure to do these things within the designated time will result in the dismissal 

of your case under Rule 4(m) and Rule 41(b). 

Dated: July 25, 2013 

______________________________________ 

WILLIAM H. ORRICK 

United States District Judge