r Case 1:20-cv-01359-NONE-SAB Document 4 Filed O9l24l2O Paqe L ot 2
UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA
RAIN, LLC,
UNITED STATES OF AMERICA, BUREAU OF LAND MANAGEMENT,
CASE NO: 1:20-CV-01359-NONE-SAB
TO: United States of America, Bureau of Land Management Defendant's Address:
YOU ARE HEREBY SUMMONED and required to serve on
Kristi Danielle Marshall Whitney, Thompson & Jeffcoach, LLP 8050 North Palm Avenue, Suite 110 Fresno, CA 93711
an answer to the complaint which is served on you with this summons, within 60 days after service of this summons on you, exclusive of the day of service. If you fail to do so, judgment by default will be taken against you for the relief demanded in the complaint. Any answer that you serve on the parties to this action must be filed with the Clerk of this Court within a reasonable period of time after service.
KEITH HOLLAND
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VQJE I.-U-UV-UIUJ-r-l\a\-rl\at--!)r1lJ I-rLrUUlllgllf A rllCU VJlLala-W rqVg L Wl L
RETURN OF SERVICE DATE
Check one box below to indicate appropriate method ofservice
n Served personally upon the defendant. Place where served:
tr Left copies thereofat the defendant's dwelling house or usual place ofbode with a person ofsuitable age and
discretion then residing therein.
! Other (speci&)
DECLARATION OF SERVER
I declare under penalty of perjury under the laws of the United States of America that the foregoing information
contained in the Return of Service and Statement of Service Fees is true and correct.
Executed on Date Signature of Server
Address ofServer
Case 1:20-at-00726 Document 1 Filed 09123120 Page 1 of 3
Whitney, Thompson & Jeffcoach LLP Kristi D. Marshall, #274625
kmarshall@wtjlaw.com 8050 N. Palm Avenue, Suite 1 l0 Fresno, California 937 ll Telephone: (559)753-2550 Facsimile: (559)753-2560
Attomeys for RAIN, LLC, a California Limited Liability Corporation
RAIN, LLC, a California Limited Liability Corporation,
Plaintiff,,
Case No
COMPLAINT PURSUANT TO 28 U.S.C.A. $ 2409a TO TERMINATE DORMANT MINERAL RIGHTS (QUIET TITLE)
LTNITED STATES OF AMERICA, BUREAU OF LAND MANAGEMENT,
Defendant.
PlaintiffRAlN, LLC. (hereinafter referred to as Plaintiff) alleges as follows:
l. This is an action pursuant to 28 U.S.C.A $2409a to quiet title to certain real property
located within this judicial district in Fresno County, State of California, and more particularly
described as APN: 070-070-27 S, and described in Exhibit "A", which is attached hereto and by this
reference incorporated herein.
2. Plaintiffis the owner in fee simple of the property described above.
3. Defendant UNITED STATES OF AMERICA, BUREAU OF LAND
MANAGEMENT has consented to be sued in civil actions to adjudicate disputes regarding title to
real property in which the United States claims an interest (28 U.S.C.A. $ 2409a(a)).
4. This court has jurisdiction over the subject matter of this action pursuant to 28
u.s.c.A. $ r346(0.
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5. Plaintiffacquired fee simple title to the property described above by purchase of the
property from Richard L. Hewitson, a married man, as his sole and separate property; Donald
Devine, a married man as his sole and separate property; and David E. Wood, a married man as his
sole and separate property, who acquired title as an unmarried man; the prior owners of the property,
on April 9,2020, at which time Plaintiff received a Grant Deed for the property.
6. Plaintiff is informed and believes, and on the basis of that information and belief
alleges, that the interest claimed by the United States in the property is described as follows: 100%
interest in the oil and gas in said lands, together with the right to prospect for, mine and remove such
deposits from the same upon compliance with the conditions and subject to the provisions and
limitations of the Act of July 17,l9l4 (38 Stat. 509) as reserved by the United States of America in
the Patent dated November 7, I 91 9 recorded Decemb er 23, l9l9 in Book 28, Page 242, of Patents,
as Document No. 31305. The recording evidences the United States'claimed adverse interest in
the mineral rights.
7 . Plaintiff first learned of the existence of the claim of interest of the United States in
the property on or after April 9, 2020. Prior to that time Plaintiff had no reason to know of the claim
of interest of the United States in the property.
8. Plaintiff is informed and believes, and on the basis of that information and belief
alleges, that none of Plaintiffs predecessors in title knew or had reason to know of the existence of
the claim of interest of the United States in the property at any time or prior to April9,2020.
FIRST CAUSE OF ACTION QUIET TITLB TO DORMANT MINERAL RIGHTS PURSUANT TO THE
FEEDERAL QUIET TITLE ACT 28 U.S.C. $2409a (As against Defendant United States of America, Bureau of Land Management)
9. Plaintiffhereby incorporates Paragraphs I through l0 above, inclusive, as if they
were fully laid out herein.
10. The adverse claim of Defendant is without any right whatsoever, and Defendant has
no right, title, or interest in the property described above due to dormancy and applicable federal
and state statutes.
I l. Defendant's claim of mineral rights has become dormant because for twenty years
l 8983 0006 05446470 000 2 COMPLAINT TO TERMINATE DORMANT MINERAL RIGHTS IN REAL PROPERTY
WHITNEY THOMPSON & JEFFCOACH
Case L:20-at-00726 Document 1 Filed 09123120 Page 3 of 3
immediately preceding the filing of this action all of the following conditions have existed:
a. There has been no production of the minerals and no exploration, drilling,
mining, development, or other operations that affect the minerals on or below the surface of the real
property, or on or below the surface of other real property unitized or pooled with the subject real
property.
b. No separate property tax assessment has been made of the mineral right or, if made, no taxes have been paid on the assessment.
c. No instrument creating, reserving, transferring, or otherwise evidencing the
mineral right has been recorded.
12. By reason of the foregoing, Plaintiff is entitled to an order terminating the dormant
mineral rights pursuant to 28 U.S. Code $2409a and Civ. Code, $$883.210-883.220.
PRAYER
WHEREFORE, Plaintiff requests a judgment:
l. That Defendant United States of America, Bureau of Land Management be required
to set forth the nature of its claims to the real property described above;
2. That this court declare that the claims of Defendant United States of America, Bureau
of Land Management to the described real property are of no validity whatever;
3. That this court declare that Plaintiff is the owner in fee simple of such real property,
including the mineral rights underlying the same and that Defendant United States of America,
Bureau of Land Management has no right, title, or interest in the property whatsoever; and,
4. For costs of this action, and such other and further relief as the court deems proper.
Dated: September D ,2020 WHITNEY, THOMPSON & JEFFCOACH LLP
By: /s/ Kristi D. Marshall Kristi D. Marshall
Attomeys for RAIN, LLC, a California Limited Liability Corporation,
18983.0006 0sM@70.N0 3 COMPLAINT TO TERMINATE DORMANT MINERAL RIGHTS IN REAL PROPERTY
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I. (a) PLAINTIFFS
(t:xc t:P1' IN u. s. P tlt NTrFF cASl-:S)
(C) Attomevs tl-irm Nume. Address. uttd l elenhone Number, Whifney, Thdmpson & Jeffcoach LLP Kristi D. Marshall, #274625 8050 N. Palm Ave., Ste. 110, Fresno, CA
II. BASIS OF JURISDICTION Q,tuce on x" tnone Box onry
DEFENDANTS
County ofResidence ofFirst Listed Defendant (lN U.S. Pl/4|NTIl'F'CASES ONI.Y)
NOTE: IN LAND CONDEMNATION CASES, USE THE LOCATION OF THE TRACT OF LAND INVOL'V'ED.
Atlomeys (U Known)
CITIZENSHIP OF PRINCIPAL PARTIES 1Pt,"" un "x" inone Boxfor Ptainttf (P:or Diver.tity (:ases Only) and One Box for Defendont)
PTF nl
Plaintiff
D 2l0LmdCmdmation O 220 Foreclosure
Cl 230 Rmt Lease & Ejecrnmt D 240 Torts to Lud O 245 Tort Product Lrabilitv 6 zso ltt other Real Proprty
V. ORIGIN (Ploce m ''x" mone Box only)
Xl Original O2 Removedfrom Proceeding State Court
VI. CAUSE OF ACTION
D 4 Diversity (IndiLute Citizerchip of Purlies in ltem III)
T O cHecr IF THIS IS A CI-ASS ACTIoN
UNDER RULE 21, F R.Cv.P.
Citizm ofThis State
I Incorporated or Principal Place ofBusiness ln This State
CitizmofAnotherstate A 2 2 Incorporated dnd Principal Place ofBusiness In Anoths State
Citizm or Subjcct ofa o3 3 Forcign Nation
Clrck here for:
IV. NATURE OF SUIT on "X" inOne Bot
O I l0lnsuace D 120 Maine 3 130 Miller Act D 140 Negotiable Instrumcnt O I 50 Rccovery of Overpaymmt
& Enforcment of Judgment O l5l Medicue Act D | 52 Recovery of Defaulted
Studmt Loms (Excludes Vctums)
fl 153 Recovery ofOverpaymcnt of Vetrm's Benefits
O 160 Stockholdqs' Suits O 190 Other Contract O t95 Contract Product Liability O 196 Frilchise
O 6 Multidistrict Litigation - Transfer
D 375 False Claims Act O 376 Qui Tm (3 I USC
312e(a)) fI 400 State Reapponionmcnt D 410 Antitrust 0 430 Bmks ud Bmking D 450 Comerce fl 460 Dcpnrtation D 470 Racketeq Influqced md
Compt Orgmizations 0 480 Consmq Credit O 485 Teleprhone Consmcr
Protection Act O 490 Cable/Sat TV D 850 SecuitisVComoditieV
Exchuge 0 E90 Other Statutory Actions O 891 Agricultural Acts O E93 Enviromcntal Matters
3 t95 Freedom of Informtion Act
D 896 Arbitration O E99 Administrative Prcedue
Act/Reviw or Appeal of Agency Decision
J 950 Constitutionality of State Statutes
f 8 Multidistrict Litigation -
Direct File
O 3 Remanded from il 4 Reinstated or O 5 Transf'ened from Appellate Court Reopened Another District
Statute under which you are fil.n9 0)o not cite jutisdictional statuts unless divusity) 2409a
Title CHECK YES only if demanded in complaint:
JURYDEMAND: Ct Yes XNo
O 525 Drug Related Seiare ofProptrty 2l USC 881
o 690othn
D 820 Copyrights 0 830 Patent O 835 Patent - Abbrwiated
Ncw Drug Applietion O 840 Tradmuk
PERSONAL INJI,'RY D 3t0 Airplme 3 315 Arplile Product
Liability D 320 Assault, Libel &
Sluder O 330 Federal Employers'
Liability ll 340 Muinc 0 345 Mrine Product
Liability ll 350 Motor Vchicle O 355 Motor Vehicle
Product Liability O 360 Othq Personal
Injury D 362 Prmnal Injury -
Medical Ma.lpmctie
Phmrceutical Personal Injury Product Liability
D 368 Asbestos Pqsonal Injury Product Liability
PERSONAL PROPERTY n 370 Oths Fraud D 371 Truth in Loding D 380 Oths Personal
Property Dmge 3 385 Property Dmge
Product Liability
n 86r HrA (r39sff) D 862 Black Lung (923) o 863 DIWC/DrWW (aosG)) O 864 SSID TitIC XVI O 86s RSI (40s(s))
CI!'IL RIGHTS
O 720 Labor,Mmagement Relations
O 740 Railway Labu Act 3 751 Fmily ad Mcdical
Lave Act D 790 Other kbor Litigation
fl 791 Employee Retirmcnt lncome Secuity Act
tlrtltGRA'l t0N
O 440 Other Civil Rights O 441 Voting O 442 Employmot 0 443 Housing/
Accomodations f, 445 Ams. w/Disabilities
Employmot O 446 Amer. w/Disabilitics
C)ther
O 510 Motions to Vacate
Smtencc O 530 Ceneral O 535 Death Pena.lty
Othcr: O 540 Mudamus & Other D 550 CiYil tughts 3 555 Prison Condition D 560 Civil Detainee -
Conditions of Confinement
Actions
D 871 IRS-ThirdPrty 26 USC 7609
l:nmrlil-cifff,'IflarFr
RECEIPT # AMOIJ'IVT
(See insuuctrons)
DATE
/s/ Kristi D. Marshall l'OR OI.-l-lCE USE ONLY
(b) County of Residence of First Listed Plaintiff
JS 44 Reverrc (Rev. 02/19)
Case L:20-at-00726 Document 2 Frled 09123120 Paoe 2 ot 2 INSTRUCTIONS FOR ATTORNEYS COMPLETING CIVIL COVER SHEET FORM JS 44
Authority For Civil Cover Sheet
The JS 44 civil cover sheet and the information contained herein neither replaces nor supplements the filings and service ofpleading or other papers as
required by law, except as provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is required for the use of the Clerk of Court for the purpose of initiating the civil docket sheet. Consequently, a civil cover sheet is submitted to the Clerk ol Court for each civil complaint filed. The attomey filing a case should complete the form as follows:
I.(a) Pleintiffs-Defendants. Enter names (last, first, middle initial) of plaintiff and defendant. If the plaintiff or defendant is a govemment agency, use
onlythefullnameorstandardabbreviations. Iftheplaintiffordefendantisanofficialwithinagovernmentagency,identi$firsttheagencyand then the official, giving both name and title.
(b) County of Residence. For each civil case filed, except U.S. plaintiff cases, enter tle name of the county where the fint listed plaintiff resides at the time of filing. In U.S. plaintiff case s, enter the name of the county in which the first listed defendant resides at the time of filing. (NOTE: In land condemnation cases, the county ofresidence ofthe "defendant" is the location ofthe tractofland involved.)
(c) Attorneys. Enter the firm name, address, telephone number, and attomey of record. If there are several attorneys, list them on an attachment, noting in this section "(see aftachment)".
II, Jurisdiction. The basis ofjurisdiction is set forth under Rule 8(a), F.R.Cv.P., which requires that jurisdictions be shown in pleadings. Place an "X" in one ofthe boxes. Ifthere is more than one basis ofjurisdiction, precedence is given in the order shown below. United States plaintiff. (l) Jurisdiction based on 28 U.S.C. 1345 and 1348. Suits by agencies and officers ofthe United States are included here. United States defendant. (2) When the plaintiff is suing the United States, its olficers or agencies, place an "X" in this box. Federal question. (3) This refers to suits under 28 U.S.C. I 33 I , where jurisdiction arises under the Constitution of the United States, an amendment totheConstitution,anactofCongressoratreatyoftheUnitedStates. IncaseswheretheU.S.isaparty,theU.S.plaintiffordefendantcodetakes precedence, and box I or 2 should be marked. Diversityofcitizenship. (4)Thisreferstosuitsunder28U.S.C. l332,wherepartiesarecitizensofdifferentstates. WhenBox4ischecked,the citizenship of the different parties must be checked. (See Section III below; NOTE: federal question actions take precedenc€ over diversity cases.)
Residence (citizcnship) of Principa! Parties. This section of the JS 44 is to be completed if diversity of citizenship was indicated above. Mark this section for each principal party.
IV. Nature ofSuit. Placean"X"intheappropriatebox. Iftherearemultiplenatureofsuitcodesassociatedwittrthecase,pickthenatureofsuitcode that is most applicable. Click here for: N4IUre A1'Suit ('ode Descriptions.
Origin. Place an "X" in one of the seven boxes. Original Proceedings. (l ) Cases which originate in the United States district courts. Removed from State Court. (2) Proceedings initiated in state courts may be removed to the district courts under Title 28 U.S.C., Section l44l .
Remanded from Appellate Court. (3) Check this box for cases remanded to the district court for firther action. Use the date of remand as the filing date. Reinstated or Reopened. (4) Check this box for cases reinstated or reopened in the district court. Use the reopening date as the filing date. Transfened lrom Another District. (5) For cases transferred under Title 28 U.S.C. Section 1404(a). Do not use this for within district transfers or mu ltidistrict Iiti gation transfers. Multidistrict Litigation - Transfer. (6) Check this box when a multidistrict case is transferred into the district under authority of Title 28 U.S.C. Section 1407.
Multidistrict Litigation - Direct File. (8) Check this box when a multidistrict case is filed in the same district as the Master MDL docket. PLEASE NOTE THAT THERE IS NOT AN ORIGIN CODE 7. Origin Code 7 was used for historical records and is no longer relevant due to changes in stafue.
vl. CauseofAction. Reportthecivil statutedirectlyrelatedtothecauseofactionandgiveabriefdescriptionofthecause. Donotcitejurisdictional statutes unlcss diversity. Example: U.S. Civil Statute: 47 USC 553 Brief Description: Unauthorized reception of cable service
VII. Requested in Complaint. Class Action. Place an "X" in this box if you are filing a class action under Rule 23, F.R.Cv.P. Demand. In this space enter the actual dollar amount being demanded or indicate other demand, such as a preliminary injunction. Jury Demand. Check the appropriate box to indicate whether or not a jury is being demanded.
VI[. Related Cases. This section of the JS 44 is used to reference re lated pending cases, if any. If there are related pending cases, insert the docket numbers and the correspondingjudge names for such cases.
III.
v
Date and Attorney Signature. Date and sign the civil cover sheet.
Case 1:20-cv-01359-NONE-SAB Document 5 Filed 09124120 Page L of 7
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
RAIN, LLC, No. I:20-CV-01359-NONE-SAB
UNITED STATES OF AMf,RICA, BUREAU OF LAND MANAGEMENT,
DATE: December 18,2020 TIME: 10:00 AM CTRIVI: #9 (6th Floor)
Defendant(s). STANLEY A. BOONE U.S. MAGISTRATE JUDGE
Rule l6 of the Federal Rules of Civil Procedure ("Fed. R. Civ. P.") requires the Court to enter a
Scheduling Conference Order within 90 days of the date of the complaint being served upon
the defendant.l Therefore, it is ordered that all parties attend a formal Scheduling Conference before
United States Magistrate Judge Stanley A. Boone, in Courtroom 9 at the United States Courthouse,
2500 Tulare Street, Fresno, CA93721.
The Court is unable to conduct a Scheduling Conference until the defendant has been served
with the sununons and complaint. Accordingly, the plaintiff shall diligently pursue service of the
summons and complaint and dismiss those defendants against whom plaintiff will not pursue claims.
The plaintiff shall promptly file proofs of service of the summons and complaint so the Court has a
record of service. Counsel are referred to Fed. R. Civ. P. 4, regarding the requirement of timely
rThis order will refer to the parties in the singular regardless of the number of parties listed in the complaint.
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Case 1:20-cv-01359-NONE-SAB Document 5 Filed 09124120 Page 2 ot 7
service of the complaint. Failure to timely serve the summons and complaint may result in the
imposition of sanctions, including dismissal of unserved defendants.
Due to the mandates of Rule 16, the Court will serve this Order upon counsel for the plaintiff
before appearances of the defendant are due. Furthermore, the Court will order counsel for the plaintiff
to serve a copy of this Order on the defendant, or, if identified, on their counsel, promptly upon receipt
of this Order, and to file an appropriate proof of such service with the Court, in compliance with
Rule 135(a) of the Local Rules for the Eastern District of California.
Attendance at the Scheduling Conference is mandatory for all parties. Parties may appear by
their counsel, if represented. If a party is not represented by counsel, they must appear personally at
the Scheduling Conference. Only counsel who are thoroughly familiar with the facts and the law of the
instant case and who have full authority to bind his or her client shall appear. Trial counsel should
participate in this Scheduling Conference whenever possible. Counsel should plan to spend up to
thirry (30) minutes in this Scheduling Conference.
A Joint Scheduling Report, carefully prepared and executed by all counseUpro se parties shall
be electronically filed in CM/ECF, one (l) full week prior to the Scheduling Conference.
If any party fails to participate in preparing the Joint Scheduling Report, the non-offending party
shall detail the party's effort to get the offending party to participate in the Joint Scheduling Report.
The non-offending party shall still file the report one (l) full week prior to the Mandatory Scheduling
Conference and shall list the non-offending party's proposed dates. Absent good cause, the dates
proposed by the non-offending party will be presumed to be the dates offered by the parties. The
offending party may be subject to sanctions, including monetary sanctions to compensate the non-
offending party's time and effort incurred in seeking compliance with this Scheduling Order.
For reference purposes, the Court requires that the Joint Scheduling Report indicate the
date, time, and courtroom of the Scheduling Conference. This information is to be placed opposite
the caption on the first page of the Report.
Among other things, counsel will be expected to discuss the possibility of settlement. Counsel
are to thoroughly discuss settlement before undertaking the preparation of the Joint Scheduling Report
and engaging in extensive discovery. However, even if settlement negotiations are progressing, counsel
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Case 1:20-cv-01359-NONE-SAB Document 5 Filed 09124120 Page 3 of 7
are expected to comply with the requirements of this Order unless otherwise excused by the Court.
If the entire case is settled, please promptly inform the Court, and counsel's presence, as well as the
Joint Scheduling Report, will not be required. Counsel may request that their attendance be by
telephonic conference. If one or more parties wish to appear telephonically, counsel shall contact
Mamie Hernandez, Courtroom Deputy Clerk, at (559) 499*5672, sufficiently in advance of the
conference so that a notation can be placed on the court calendar. The Courtroom Clerk will provide
counsel with the toll-free teleconference number and teleconference code for the call.
Additionally, counsel are directed to indicate on the face page of their Joint Scheduling
Report that the conference will be telephonic.
Form and Contents of the Joint Schedulins Report
At least twenty (20) days prior to the Mandatory Scheduling Conference, trial counsel for all
parties shall conduct and conclude a conference at a time and place mutually agreed upon. This
should preferably be a personal conference between all counsel but, due to the distances involved
in this District, a telephonic conference call involving all counseVpro se parties is permissible.
The Joint Scheduling Report shall respond to the following items by corresponding numbered
paragraphs:
l. Summary of the factual and legal contentions set forth in the pleadings of each party,
including the relief sought by any party presently before the Court.
2. A proposed deadline for amendments to pleadings shall be included. Any proposed
amendment to the pleadings presently on file shall be filed by its proponent contemporaneously with
the Scheduling Conference Report. If the matter cannot be resolved at the Scheduling Conference,
the matter will be set as a motion to amend in accordance with the Local Rules of the Eastem
District of California.
3. A summary detailing the uncontested and contested facts.
4. A summary of the legal issues as to which there is no dispute, e.g., jurisdiction, venue,
applicable federal or state law, etc., as well as summary of the disputed legal issues.
5. The status of all matters which are presently set before the Court, e.g., hearings of
motions, etc.
Case 1:20-cv-01359-NONE-SAB Document 5 Frled 09124120 Page 4 of 7
6. A complete and detailed discovery plan addressing the following:
a. A date for the exchange of initial disclosures required by Fed. R. Civ. P. 26(a)( I )
or a statement that disclosures have already been exchanged;
b. A firm cut-off date for non-expert discovery;
c. A firm date for disclosure of expert witnesses as required by Fed. R. Civ. P. 26(a)(2);
d. A firm cut-off date for expert witness discovery;
e. Any proposed changes in the limits on discovery imposed by Fed. R. Civ. P. 26(b);
30(a)(2)(A), (B); 30(d); or 33(a);
f. Whether the parties anticipate the need for a protective order relating to the discovery of
information relating to a trade secret or other confidential research, development, or
commercial information;
g. Any issues or proposals relating to the timing, sequencing, phasing or scheduling of
discovery;
h. Whether the parties anticipate the need to take discovery outside the United States and,
if so, a description of the proposed discovery; and
i. Whether any party anticipates video and/or sound recording of depositions.
The discovery/expert cut-off deadlines are the dates by which all discovery must be completed.
Discovery motions will not be heard after the discovery deadlines. Moreover, absent good cause,
the Court will only grant relief on a discovery motion if the relief requested requires the parties to act
before the expiration ofthe relevant discovery deadline. ln other words, discovery requests and
deposition notices must be served sufficiently in advance of the discovery deadlines to permit time for
a response, time to meet and confer, time to prepare, file and hear a motion to compel and time to
obtain relief on a motion to compel. Counsel are expected to take these contingencies into account
when proposing discovery deadlines. A1l of these dates should be considered firm dates.
7. Dates agreed to by all counsel for:
a. Filing non-dispositive and dispositive pre-trial motions with the understanding that
motions (except motions in limine or other trial motions) will not be entertained after
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the agreed upon date, which shall be no later than ten (10) weeks prior to the
proposed Pre-Trial Conference date.
b. Pre-Trial Conference Date. (This date shall be no later than forty-five (45) days
prior to the proposed trial date.)
c. Trial date.
All of these dates should be considered firm dates. Dates should be set to allow the Court to
decide any matters under submission before the Pre-Trial Conference is set.
8. The parties are encouraged to discuss settlement, and must include a statement in the
Joint Scheduling Report as to the possibility of settlement. The parties shall indicate when they desire a
settlement conference, e.g., before further discovery, after discovery, after pre-trial motions, etc.
9. A statement as to whether the case is a jury or non-jury case. If the parties disagree as to
whether a jury trial has been timely demanded or whether one is available on some or all of the
claims, the statement shall include a summary of each party's position.
10. An estimate of the number of trial days is required. If the parties cannot agree, each party
shall give his or her best estimate. In estimating the number of trial days, the parties should keep in
mind that this court is normally able to devote the entire day to trial.
I l. Whether the parties intend to consent to proceed before a United States magistrate
judge. Presently, when a civil trial is set before the district judges in the Fresno Division, any
criminal trial set which conflicts with the civil trial will take priority, even if the civil trial was set first.
Continuances of civil trials under these circumstances may no longer be entertained, absent good
cause, but the civil trial may instead trail from day to day or week to week until the completion of
either the criminal case or the older civil case. The parties are advised that they are free to withhold
consent or decline magistrate jurisdiction without adverse substantive consequences.
12. Whether either party requests bifurcation or phasing of trial or has any other suggestion for
shortening or expediting discovery, pre-trial motions or trial.
13. Whether this matter is related to any matter pending in this court or any other court,
including bankruptcy court.
Case 1-:20-cv-01359-NONE-SAB Document 5 Filed 09124120 Page 6 ot 7
Additional Requirements
l. Discovery Relating to Electronic, Digital and/or Magnetic data. Prior to a Fed. R. Civ. P.
26(f) conference, counsel should carefully investigate their respective client's information management
system so that they are knowledgeable as to its operation, including how information is stored and
how it can be retrieved. Counsel shall also conduct a reasonable review of their respective client's
computer files to ascertain the contents thereof, including archival and legacy data (outdated formats or
media), and disclose in initial discovery (self-executing routine discovery) the computer-based evidence
which may be used to support claims or defenses. A party seeking discovery of computer-based
information shall notifu the opposing party immediately, but no later than the Fed. R. Civ. P.26(f)
conference, of that fact and identify as clearly as possible the categories of information which may be
sought.
2. Duty to Meet and Confer. The parties shall meet and confer regarding the following
matters during the Fed. R. Civ. P.26(f) conference:
a. Computer-based information (in general): The parties shall attempt to agree on steps the
parties will take to segregate and preserve computer-based information in order to
avoid accusations of spoilation.
b. E-mail information: The parties shall attempt to agree as to the scope of e-mail
discovery and attempt to agree upon an e-mail search protocol. This should include
. an agreement regarding inadvertent production of privileged e-mail messages.
c. Deleted information: The parties shall confer and attempt to agree whether or not
restoration of deleted information may be necessary, the extent to which restoration of
deleted information is needed, and who will bear the costs of restoration; and
d. Back-up data: The parties shall attempt to agree whether or not back-up data may be
necessary, the extent to which back-up data is needed and who will bear the cost of
obtaining back-up data.
Case 1:20-cv-01359-NONE-SAB Document 5 Flled 09124120 Page 7 of 7
Timing of the Mandatory Scheduling Conference
The Scheduling Conference is set at the time the summonses are issued in the action. However,
the Court is aware that in some situations the case is not procedurally in the posture for the Scheduling
Conference to be held on the date initially set. Such situations include, but are not limited to, those in
which all defendants have not yet been served or have not filed an answer to the complaint, the defendant
has defaulted, or where there is a pending motion to dismiss. If the circumstances in this action are such
that it would serve the purpose of conserving the resources of the parties and the court to continue the
Scheduling Conference, it is the parties' responsibility to so inform the Court prior to the date on which
the Joint Scheduling Report is due. lf upon review of the Joint Scheduling Report, the Court determines
that the case is not procedurally in a posture for the Scheduling Conference to be held, the Court will
sua sponte continue the Scheduling Conference for an appropriate time.
lmportant Chambers' Information
The parties are directed to the Court's website at www.caed.uscourts.gov under Judges;
Boone (SAB); Standard lnformation (in the area entitled "Case Management Procedures")
for specific information regarding Chambers'procedures. Information about law and motion, scheduling
conferences, telephonic appearances, and discovery disputes is provided at this link.
Should counsel or a party appearing pro se fail to appear at the Mandatory Scheduling
Conference, or fail to comply with the directions as set forth above, an ex parte hearing may
be held and contempt sanctions, including monetary sanctions, dismissal, default, or other
appropriate judgment, may be imposed and/or ordered.
/s/ STANLF.Y A
Case 1:20-cv-01359-NONE-SAB Document 5-l- Filed 09124120 Page L ot 4
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
Plaintiff(s),
Defendant(s).
A. Calendar
Civil motions may be set any Monday through Thursday, commencing at 9:30 a.m. in Courtroom
4, Iocated on the seventh floor. It is not necessary to clear a date prior to scheduling a civil motion.
However, so long as the "Standing Order in Light of Judicial Emergency in the Eastem District of
Califomia" is in effect, civil motions will be deemed submitted on the record and the briefs pursuant to
Local Rule 230(9). This means that the date chosen for hearing will serve only to set the deadlines for
opposition and reply briefs pursuant to Local Rule 230(c)-(d). ln the rare case in which the court deems
a hearing is needed on a civil motion, the court will re-set the hearing by minute order as its calendar
permits. The parties are required to comply with Local Rule 230 and all other applicable rules and notice
requirements with respect to motions.
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Unless prior leave of Court is obtained, all moving and opposition briefs or legal memoranda in
civil cases shall not exceed 25 pages. Reply briefs filed by moving parties shall not exceed l0 pages.
Only for good cause shown will the court grant an application to extend these page limitations. Briefs
that exceed the page limitations or are sought to be filed without leave of court may not be considered.
Finally, no supplemental briefs shall be filed without prior leave of court.l
II. MEET AND CONFER REOUIREMENT
Prior to filing a motion in a case in which the parties are represented by counsel, counsel shall
engage in a pre-filing meet and confer to discuss thoroughly the substance of the contemplated motion
and any potential resolution. Counsel should resolve minor procedural or other non-substantive matters
during the meet and confer process so that briefing on motions that proceed to hearing are directed only
to those substantive issues requiring resolution by the court. A notice of motion shall contain a
certification by counsel filing the motion that meet and confer efforts have been exhausted,
with a very brief summary of meet and confer efforts.
III. COURTESY COPIES
Counsel are ordered to deliver to the Clerk's Office clearly marked courtesy copies of all
electronically filed documents that exceed twenty-five (25) pages and conformed courtesy copies of all
manually filed documents. See Local Rule 133(0. The parties need not provide courtesy copies of
answers or shorter pleadings. The sender shall notify any delivery service that the signature of the
recipient is not required.
IV. PROPOSED ORDERS
Submission of proposed orders is not required for motions to dismiss or motions for summary
judgment, unless the court specifically orders otherwise. However, the parties are required to submit
proposed consent decrees and/or proposed findings of fact, where such documents are relevant. Where
required, proposed orders shall be submitted in compliance with Local Rule 137(b) and e-mailed in
Microsoft Word format to noneorders@caed.uscourts.gov.
2 Font must be in Times New Roman and no less than 12. Footnotes shall be in typeface no more more than one size smaller than text size.
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Ex parte applications typically are not heard, but are taken under submission for decision on the
papers by the court unless otherwise notified. The filer is required to contact the courtroom deputy and
the opposing party prior to the filing ofthe ex parte application in order to advise that such request is
being made. In addition, the document(s) must indicate whether or not an opposition will be filed. The
filer shall include an affidavit indicating a satisfactory explanation for the following: (l) the need for the
issuance of such an order, (2) the inability of the filer to obtain a stipulation for the issuance of such an
order from other counsel or parties in the action, and (3) why such request cannot be noticed on the
court's motion calendar as provided by Local Rule 230.
VI. TROS AND INJUNCTIONS
Parties seeking emergency or provisional relief shall comply with Federal Rule of Civil Procedure
65 and Local Rule 230. The court typically will not rule on any application for such relief for at least.
twenty-four (24) hours after the party subject to the requested order has been served; such party may
file opposing or responding papers in the interim. The parties shall lodge a courtesy copy with chambers
of all papers relating to proposed TROs and injunctions, conformed to reflect that they have been filed.
VII. SEALING AND PROTECTIVE ORDERS
No document will be sealed, nor shall a redacted document be filed, without the prior approval of
the court. All requests to seal or redact shall be governed by Local Rules l4l (sealing) and 140
(redaction); protective orders covering the discovery phase shall not govern the filing of sealed or
redacted documents on the public docket. The court will only consider requests to seal or redact filed by
the proponent of sealing or redaction. If a party plans to make a filing that includes material an opposing
party with sufficient notice in advance of filing to allow for the seeking of an order of sealing or
redaction from the court.
VIII. FINAL PRETRIAL CONFERENCES
The parties are required to submit a Joint Pretrial statement. That Joint Pretrial statement must be
filed seven days before the Final Pretrial Conference hearing date and be e-mailed as a Word document
to: noneorders@caed.uscourts. gov.
Case 1:20-cv-01359-N ONE-SAB Document5-1 Flled09124120IX. TELEPHONICAPPEARANCES Page 4ot 4
Telephonic appearances are encouraged. If any party wishes to appear by telephone, that party
should consult with the other parties to determine if others wish to appear by telephone. Then, one party
shall e-mail imunoz@caed.uscourts.gov in order to notiff the court. Thereafter, the parties shall arrange
to conference with one another before initiating a single call to the Court at (559) 499-5680 prior to the
noticed hearing time.
X. NOTICE OF THIS ORDER
Counsel for plaintiff shall immediately serve this order on all parties, including any new parties
added to the action in the future, unless this case came to the court by noticed removal, in which case
defendant shall serve this order on all other parties.
DATED: September24,2020
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Case 1:20-cv-01359-NONE-SAB Document 5-2 Filed O9l24l2O Page 1 of 5
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
RAIN, LLC O No. l:20-CV-01359-NONE-SAB
Plaintiff, STANDING ORDER IN LIGHT OF ONGOING JUDICIAL EMERGENCY IN THE EASTERN DISTRICT OF CALIFORNIA
UNITED STATES OF AMERICA, BUREAU OF LAND MANAGEMENT,
Defendant.
The judges of the United States District Court for the Eastern District of California have long labored
under one of the heaviest caseloads in the nation even when operating with a full complement of six authorized
District Judges.l Each of those six District Judges has regularly carried a caseload double the nationwide
average caseload for District Judges. Even while laboring under this burden, the judges of this court have
annually ranked among the top l0 districts in the country in cases terminated per judgeship for over 20 years.
See Letter regarding Caseload Crisis from the Judges of the Eastern District of California (June 19,2018),
http://www.caed.uscourts.gov/CAEDnew/index.cfmlnews/important-letter-re-caseload-crisis/. On
December 17,2019, DistrictJudge MorrisonC. Englandtook Seniorstatus. OnDecember3l,2019,
Senior District Judge Garland E. Burrell, Jr. assumed inactive Senior status. On February 2,2020, District
I For over a decade the Judicial Conference of the United States has recommended that this district be authorized up to six additional judgeships. However, those recommendations have gone unacted upon. This is the case despite the fact that since the last new District Judgeship was created in the Eastern District in 1978, the population of this district has grown from 2.5 million to over 8 million people and that the Northern District of Califomia, with a similar population, operates with l4 authorized District Judges.
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Case 1:20-cv-01359-NONE-SAB Document 5-2 Filed O9l24l2O Page 2 ot 5
Judge Lawrence J. O'Neill will assume inactive Senior status.2 As a result of these long anticipated events,
the shortfall in judicial resources will seriously hinder the administration of justice throughout this district, but
the impact will be particularly acute in Fresno, where the undersigned will now be presiding over all criminal
and civil cases previously assigned to Judge O'Neill as well as those already pending before the undersigned.
As of the date of this order, this amounts to roughly 1,050 civil actions and 625 criminal defendants. Until
two candidates are nominated and confirmed to fill this court's two vacant authorized district judgeships, this
situation can only be expected to get progressively worse.
The gravity ofthis problem is such that no action or set ofactions undertaken by this court can
reasonably be expected to alleviate it. Nonetheless, this order will advise litigants and their counsel of the
temporary procedures that will be put in place for the duration of this judicial emergency in cases over which
the undersigned is presiding. What follows will in some respects be contrary to the undersigned's default
Standing Order in Civil Actions,3 and may also differ from the Local Rules of the Eastern District of
California. To the extent such a conflict exists, the undersigned hereby invokes the court's authority under
Local Rule 102(d) to issue orders supplementary or contrary to the Local Rules in the interests ofjustice and
case management.
A. DESIGNATION OF CIVIL CASES
As of February 3,2020, all civil cases previously assigned to Judge O'Neill, and all newly filed cases
that will be assigned to his future replacement, will be unassigned. Those cases will bear the designation
"NONE" as the assigned district judge and will continue to bear the initials of the assigned magistrate judge.
Until new judges arrive, the undersigned will preside as the district judge in the cases so designated. Judge
O'Neill's chambers staff will remain in place for seven months following his departure from the court.
Accordingly, his remaining staff will continue to work on the cases bearing the "NONE" designation and
Courtroom Deputy lrma Munoz (559-499-5682; imunoz@caed.uscourts.gov) will continue to be the contact
person with respect to any questions regarding those cases. Proposed orders in those cases are to be sent to
2 ln short, a Senior District Judge is one who has retired from regular active service, usually based on age and length ofservice, but continues to preside over cases ofa nature and in an amount as described in 28 U.S.C. $ 371(e). A Senior District Judge taking inactive status is one who has ceased to perform such work.
: The undersigned's standing order in civil cases is available at http:/iwww.caed.uscourts.gov/caednew/ assets/File/DAD%20Stan ding%o2DOrder05 20 I 9.pdf
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I noneorders@caed.uscourts.gov. Finally, any hearings or trials before the undersigned in cases bearing thet- I
| "NONE" designation will continue to be held in Judge O'Neill's former courtroom, Courtroom #4 on the 7th
I
I Floor at 2500 Tulare Street in Fresno, California. I
B. CIVIL LAW AND MOTION
It has been the strong preference ofthe undersigned over the past twenty-three years to hear oral
argument on all civil motions. In the undersigned's experience, doing so allows the court to more fully
grasp the parties'positions and permits the parties to address the court's concems without the need for
supplemental briefing. However, given the judicial emergency now faced by this court, such hearings on
civil law and motion matters will no longer be feasible. Accordingly, all motions filed before the undersigned
in civil cases will be deemed submitted upon the record and briefs pursuant to Local Rule 230(9). The
hearing date chosen by the moving party will nonetheless govern the opposition and reply filing deadlines
pursuant to Local Rule 230(c). In cases bearing the "DAD" designation, the noticed hearing dates will
remain the first and third Tuesdays of each month. In cases designated as "NONE," the noticed hearing
dates may be any Tuesday through Friday. In the unlikely event that the Court determines a hearing would
be helpful and feasible, the court will re-schedule a hearing date in accordance with its availability.
In addition to the motions already assigned to magistrate judges by operation of Local Rule 302(c),
the undersigned now orders that the following categories of motions in cases bearing I'DAD, and "NONE"
designations shall be noticed for hearing before the assigned magistrate judge:
l. Motions seeking the appointment of a guardian qd litem;
2. Motions for class certification and decertification pursuant to Federal Rule of Civil Procedure 23;
3. Motions seeking preliminary or final approval of collective or class action settlements; and
4. Motions to approve minors'compromises.a
The undersigned will surely refer other motions to the assigned magistrate judge for the issuance of findings
and recommendations by separate orders in particular cases.
4 Magistrate judges may resolve motions seeking the appointment of a guardian ad litem by way of order, while all other motions may be resolved by issuance of findings and recommendations. See 28 U.S.C. $ 636(bXlXA).
3
Case 1-:20-cv-01359-NONE-SAB Document 5-2 Filed 09124120 Page 4 of 5
C. CIVIL TRIALS
In the two civil caseloads over which the undersigned will be presiding for the duration of this judicial
emergency, there are currently trials scheduled through the end of 2021. Given the enormous criminal
caseload that will be pending before the undersigned and based upon the reasonable assumption that at least
some of those criminal cases will proceed to trial, it is unlikely that those civil cases will be able to proceed
to trial on the currently scheduled date.s Thus, the setting of new trial dates in civil cases would be purely
illusory and merely add to the court's administrative burden of vacating and re-setting dates for trials that
will not take place in any event. Accordingly, for the duration of this judicial emergency and absent
further order of this court in light of statutory requirements or in response to demonstrated exigent
circumstances, no new trial dates will be scheduled in civil cases assigned to "DAD" and I'NONEil
over which the undersigned is presiding.6 As such, scheduling orders issued in civil cases over which
the undersigned is presiding will not include a trial date. Rather, the final pretrial conference will be the last
date to be scheduled.T
Particularly in light of this judicial emergency, parties in all civil cases before the undersigned are
reminded of their option to consent to magisffate judge jurisdiction pursuant to 28 U.S.C. $ 636(c). The
magistrate judges of this court are highly skilled, experienced trial judges. Moreover, because magistrate
judges cannot preside over felony criminal trials, trial dates in civil cases can be set before the assigned
magistrate judge with a strong likelihood that the trial will commence on the date scheduled.
s Even in those instances where a trial date has been set, such trial dates will be subject to vacatur with little to no advance notice due to the anticipated press of proceedings related to criminal trials before this court, which have statutory priority over civil trials. In any civil action that is able to be tried before the undersigned during the duration of this judicial emergency, the trial will be conducted beginning at 8:30 a.m. Tuesday through Thursday. The court will have calendars for criminal cases bearing a "DAD" assignment on Monday at l0:00 a.m. and for those criminal cases bearing the "NONE" designation on Friday at 8:30 a.m.
u A.ry party that believes exigent or extraordinary circumstances justify an exception to this order in their case may file a motion seeking the setting of a trial date. Such motions shall not exceed five pages in length and must establish truly extraordinary circumstances. Even where such a showing is made, the parties are forewarned that the undersigned may simply be unable to accommodate them in light of the court's criminal caseload.
7 Final Pretrial Conference dates may be later vacated and rescheduled depending on the court's ability to rule on dispositive motions that are filed. Moreover, in those "NONE" and "DAD" designated civil cases
with trial dates, the parties are hereby ordered not to file any pretrial motions in limine prior to the issuance of the Final Pretrial Order and to do so only in compliance with the deadlines set in that order.
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CONCLUSION
These are uncharted waters for this court. The emergency procedures announced above are being
implemented reluctantly. They are not, in the undersigned's view, conducive to the fair administration of
justice. However, the court has been placed in an untenable position in which it simply has no choice.
There will likely be unforeseen consequences due to the implementation of these emergency procedures
and the court will therefore amend this order as necessary.
DATED: September24,2020
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Case 1:20-cv-01359-NONE-SAB Document 5-3 Filed 09124120 Page L oI 4
UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA
501 I STREET, SUITE 15-220 SACRAMENTO, CA 95814
Chambers of KIMBERLY J. MUELLER Chief United States District Judge
(916) 930-4260
Delay, congestion, uncertainty, and expense are concerns often expressed by civil litigants. These
concems have reached a crisis level in the Eastern District of Califomia.
Despite the population of our District nearly doubling since 1979 and a corresponding tremendous increase in case filings, for the past 40 years our court has only 6 authorized District Judgeship positions. The U.S. Judicial Conference, the policy-making arm of the federal courts, has recommended for decades that Congress authorize between 5 and I I new judgeships for this court. While the court is doing what it can to ensure Congress is fully informed regarding our current proposed allocation of 5 new judgeships, we cannot at this point say there is a realistic hope of new District Judgeships in the foreseeable future.
To make matters worse, given recent events, only 4 of our 6 authorized judgeships are filled by active District Judges as of February 2020. The Sacramento Division has experienced a net loss of one District Judge's services, with Senior District Judge Garland E. Burrell's taking inactive senior status and District Judge Morrison C. England's taking active senior status and reducing his combined civil and criminal caseload by half. Our Fresno Division is even harder hit, with former Chief District Judge Lawrence J. ONeill's taking inactive senior status at the end of January 2020,leaving the Fresno District Court with only one active Article III judge to handle all criminal cases and a heavy share of civil cases, and one senior Article III judge who assists the court by taking a half civil caseload. The Eastern District has been significantly congested for many years, consistently carrying average weighted caseloads equal or close to twice the national average for federal trial courts. Given our current more dire circumstances, civil litigants are having to vie for less and less District Judge time and attention. Civil litigants therefore may wish to consider consenting to Magistrate Judge jurisdiction, given that the court has a full complement of experienced Magistrate Judges available to preside to the full extent allowed by law.
The Magistrate Judge consent process can help bring about the 'Just, speedy, and inexpensive determination" of federal cases. Fed. R. Civ. P. l. Although their title has changed periodically, Magistrate Judges, as they currently are known, have had a role in the federal courts since passage of the Judiciary Act of 1789. Over time, Congress has expanded and enhanced the position in the interests of maximizing judicial efficiency. Specifically, Magistrate Judges are authorized "to conduct any or all proceedings in a jury or nonjury civil matter and order the entry ofjudgment in the case" with the consent of the parties. 28 U.S.C. $ 636(c). Consent can maximize access to the courts and ease court congestion through effective use ofjudicial resources. It can provide numerous benefits to litigants including the prospect of an early and firm trial date, when District Judges may not be available to try a civil case given the need to prioritize felony criminal cases.
In civil cases, the assigned Magistrate Judge already is responsible for resolving discovery disputes, deciding other non-dispositive motions and in some instances handling pre-trial proceedings; as a result that judge may be intimately familiar with the case history. Consenting in any civil case allows the Magistrate Judge to decide dispositive motions and preside over trial, and so can avoid the
Case 1:20-cv-01359-NONE-SAB Document 5-3 Frled 09124120 Page 2 of 4
uncertainty parties may face while waiting for the District Judge to identify time on his or her calendar for trial. Just as with a judgment issued by a District Judge, a judgment issued by a Magistrate Judge to whom the parties in a civil case have consented is appealable directly to the Ninth Circuit Court of Appeals.
As their professional biographies posted on our court's website show, our Magistrate Judges are well-qualified to preside over the cases assigned them. They are experienced, high-caliber judges with diverse experiences in civil and criminal litigation who have been selected on the merits, taking into account their education, experience, knowledge of the court system, personal attributes and other criteria. Our Magistrate Judges are well-qualified to preside over the civil cases brought in our court.
To consent to magistrate judge jurisdiction, a party simply signs and files a consent form. The form is available on the court's website, at this link:
http ://www. caed. uscourts.gov/caednew/index. cfrrrlforms/civil/.
Parties may consent or withhold consent without any adverse consequences. Once all parties to a case consent, then the assigned District Judge is notified and considers whether to approve the consent. Once the District Judge accepts, then the Magistrate Judge determines whether to accept consent jurisdiction, taking the opportunity to consider any conflicts or bases for recusal.
All litigants before the federal courts deserve justice delivered in a fair, prompt, and efficient manner. Our Magistrate Judges play a critical role in providing essential access to justice, particularly in our overburdened court. Consenting to Magistrate Judge jurisdiction in civil cases may represent one of the best ways to secure 'Just, speedy, and inexpensive determination" of your case, which is why we want to be sure you are fully aware of your right and ability to consent, and the means of doing so.
CHIEF STATES DISTRICT JLDGE
Case 1:20-cv-01359-NONE-SAB Document 5-3 Flled 09124120 Page 3 of 4
NOTICE OF AVAILABILITY OF A MAGISTRATE JUDGE
TO EXERCISE JURISDICTION AND APPEAL INSTRUCTIONS
You are hereby notified in accordance with 28 U.S.C $636(c), F.R.Civ.P.73 and Local Rule 305,
the United States Magistrate Judges sitting in Sacramento and Fresno are available to exercise the
court's case-dispositivejurisdiction and to conduct any or all case-dispositive proceedings in this
action, including motions to dismiss, motions for summary judgment, a jury or non jury trial, and entry
of a final judgment. Exercise of this jurisdiction by a Magistrate Judge is however, permitted only if
all parties voluntarily consent. You may, without adverse substantive consequences, withhold your
consent, but this will prevent the court's case-dispositive jurisdiction from being exercised by a
Magistrate Judge.
Any appeal from a judgment entered by a Magistrate Judge is taken directly to the United States
Court of Appeals for the Ninth Circuit or, where appropriate, for the Federal Circuit in the same
manner as an appeal from any other judgment of a District Court.
Whether or not the parties consent pursuant to 28 U.S.C. $ 636(c), the assigned Magistrate Judge
will hear all motions except those case-dispositive motions set forth in 28 U.S.C. $ 636(b)(lXA).
A copy of the Form for "Consent to / Decline of Jurisdiction of United States Magistrate Judge"
is attached hereto for pro per use and attorney information. This form is available in fillable .pdf format
on the court's web site at www.caed.uscourts.gov for all attorney ECF filers. This form may be filed
through CM/ECF or by pro se litigants at the appropriate Clerk's Office location.
Office of the Clerk 501 I Street, Room 4 200 Sacramento, CA 95814
Office of the Clerk 2500 Tulare Street, Suite l50l Fresno, CA 93721
Case 1:20-cv-01359-NONE-SAB Document 5-3 Filed O9124120 Page 4 ot 4
UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA
RAIN, LLC, Plaintiff(s) / Petitioner(s),
VS
Defendant(s) / Respondent(s).
IMPORTAATT
IF YOU CHOOSE TO CONSENT OR DECLINE TO CONSENT TO JURISDICTION OF
A UNITED STATES MAGISTRATE JUDGE, CHECK AND SIGN THE APPROPRIATE
SECTION OF THIS FORM AND RSTURN IT TO THE CLERI('S OFFICE.
I CONSENT To JURISDICTIoN oF UNITED STATES MAGISTRATE JUDGE
In accordance with the provisions of Title 28, U.S.C Sec. 636(c)(1), the undersigned hereby voluntarily consents to have a United States Magistrate Judge conduct all further
proceedings in this case, including trial and entry of final judgment, with direct review by the Ninth Circuit Court of Appeals, in the event an appeal is filed.
( ) Plaintiff/ Petitioner ( ) Defendant/ Respondent
tr DECLINE oF JURISDICTIoN oF UNITED STATES MAGISTRATE JUDGE
Pursuant to Title 28, U.S.C. Sec 636(cX2), the undersigned acknowledges the availability of a United States Magistrate Judge but hereby declines to consent.
( ) Plaintiff/ Petitioner ( ) Defendant/ Respondent
Signature
*If representing more than one parQt, counsel mast indicate the name of each party responding.
Case 1:20-cv-01359-NONE-SAB Document 5-4 Filed 09124120 Page L ot 2
NOTICE OF AVAILABILITY
VOLUNTARY DISPUTE RESOLUTION
Pursuant to the findings and directives of Congress in 28 U.S.C. $$ 651 et seq., and in recognition of the economic burdens and delay in the resolution of disputes that can be imposed by full formal litigation, Local Rule 271 govems the referral of certain actions to the Voluntary Dispute Resolution Program ("VDRI'"; at the election of parties. Plaintiff or removing party is to provide all other parties with copies of the notice at the time service is effected or, for parties already served, no more than fourteen (14) days after receiving notice from the Court. After filing of the original complaint or removal action, any party who causes a new party to be joined in the action shall promptly serve a copy of the notice on the new party.
It is the Court's intention that the VDRP shall allow the participants to take advantage of a wide variety of altemative dispute resolution methods. These methods may include, but are not limited to, mediation, negotiation, early neutral evaluation and settlement facilitation. The specific method or methods employed will be determined by the Neutral and the parties.
PLEASE TAKE NOTICE that pursuant to Local Rule 271, this Local Rule applies ta all civil actions pending before any District Judge or Magistrate Judge in the District except that actions in the following categories are exempt from presumptive inclusion: (i) prisoner petitions and actions, including habeas corpus petitions, (ii) actions in which one of the parties is appearing pro se, (iii) voting rights actions, (iv) social security actions, (v) deportation actions, (vi) Freedom of Information Act actions, and (vii) actions involving the constitutionality of federal, state or local statutes or ordinances. The fact that a case falls in a category that is exempt from the presumptive applicability of this Local Rule neither (1) precludes the parties to such a case from agreeing to participate in an Alternative Dispute Resolution ("ADR") process, nor (2) deprives the Court of authority to compel participation in an appropriate ADR proceeding.
Parties may elect Voluntary Dispute Resolution with the Court indicating that all parties to the action agree to submit the action to VDRP pursuant to Local Rule 271. Actions may not be assigned to VDRP over the objection of a party. (Copy of sample stipulation attached hereto.) At the time of filing, a copy of the stipulation shall be provided to the VDRP Administrator designated below:
Sacramento Cases Voluntary Dispute Resolution Program Administrator United States District Court 501 "I" Street, Suite 4-200 Sacramento, CA 95814 (916) e30-4278
Fresno Cases Voluntary Dispute Resolution Program Administrator United States District Court 2500 Tulare Street, Suite l50l Fresno, CA 93721 (s59) 499-s600
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Case 1:20-cv-01359-NONE-SAB Document 5-4 Filed 09124120 Page 2 ot 2
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
Plaintiff(s)
STIPULATION TO ELECT REFERRAL OF ACTION TO VOLUNTARY DISPUTE
RESOLUTTON PROGRAM (VDRP) PURSUANT TO LOCAL RULE 27IUNITED STATES OF AMERICA, BUREAU
OF LAND MANAGEMENT,
Defendant(s)
Pursuant to Local Rule 271, the parties hereby agree to submit the above-entitled action to
the Voluntary Dispute Resolution Program.
DATED: SEPTEMBER24,2020
Whitney, Thompson & Jeffcoach LLP Kristi D. Marshall, #27 4625
lcrn ar s h al I @w tj I aw. c o m 8050 N. Palm Avenue, Suite 110 Fresno, California 937 11
Telephone: (559)153-2550 Facsimile: (559)753-2560
RAIN, LLC, a California Limited Liability Corporation,
Plaintiff,
LINITED STATES DISTRICT COURT
v
PROOF OF SERVICE
Assigned for All Purposes to: Magistrate Judge Stanley A. Boone
Action Filed Trial Date:
September 24,2020 Not Set
Defendant.
At the time of service, I was over 18 years of age and not a party to this action. I am
employed in the County of Fresno, State of California. My business address is 8050 N. Palm
Avenue, Suite I 10, Fresno, CA 9371 1.
On October 2,2020,I served true copies of the following document(s) described as follows:
1. SUMMONS;
2. COMPLAINT PURSUANT TO 28 U.S.C.A. SEC. 2409A TO TERMINATE
DORMANT MINERAL RIGHTS (QUIET TITLE);
3. CIVI COVER SHEET;
5. STANDING ORDER;
PROOF OF SERVICE
7. MAGISTRATE JUDGE CONSENT IN CIVI CASES: KNOW YOUR
RIGIITS!; and,
on the interested parties in this action as follows:
SEE ATTACHED SERVICE LIST
BY CERTIFIED MAIL - RETURN RECEIPT REQUESTED: I enclosed the
document(s) in a sealed envelope or package addressed to the persons at the addresses listed in the
Service List and placed the envelope for collection and mailing via Certified Mail, Return Receipt
Requested, following our ordinary business practices. I am readily familiar with the practice of
Whitney, Thompson & Jeffcoach LLP for collecting and processing correspondence for mailing.
On the same day that the correspondence is placed for collection and mailing, it is deposited in the
ordinary course of business with the United States Postal Service, in a sealed envelope with postage
fully prepaid. I am a resident or employed in the county where the mailing occurred. The envelope
was placed in the mail at Fresno, California.
I declare under penalty of perjury under the laws of the State of Califomia that the foregoing
is true and correct.
WTON
28 WHITNEY THOMPSON & JEFFCOACH
SERVICE LIST Rain, LLC v. United States of America, Bureau of Land Management
Case No. 1 :20-CV-01359-NONE-SAB
Attorney General of the United States U.S. Department of Justice 950 Pennsylvania Avenue NW Washineton DC 20530-000 1
U.S. Attorney's Office Attn: Civil-Process Clerk Robert E Coyle United States Courthouse 2500 Tulare Street Suite 4401 Fresno. CA9372l
United States of America Bureau of Land Management Headquarters 760 Horizon Drive Grand Junction CA 81506
United States of America Bureau of Land Management California State Office 2800 Cottage Way Suite W-1623 Sacramento. CA954825
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