If you are filing a new case in the Northern District of California, and your case is assigned to the ADR Multi-Option Program, be advised that the initial case management scheduling order will no longer set a deadline by which the parties must either file a Stipulation and Proposed Order Selecting an ADR Process or a Notice of Need for ADR Phone Conference. Instead, the scheduling order will set a deadline regarding when the parties must file a new form of ADR Certification. This new form will include a space for parties to indicate if (1) they will be filing a Stipulation and Proposed Order Selecting an ADR Process or (2) if they need to discuss ADR at the case management conference.
In short, while ADR phone conferences may be requested or required in individual cases, they are no longer required in the standard scheduling order, effective May 1, 2018.
This new change aligns the ADR Local Rules with Civil Local Rule 16 and should streamline the process for litigation and the ADR. As a firm that utilizes all tools in federal litigation, we look forward to following this new process.