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Claim Bills, Carrie Barry A. Lindahl, Esq. Corporation Counsel Suite 330, Harbor View Place 300 Main Street Dubuque, Iowa 52001-6944 (563) 583-4113 office (563) 583-1040 fax balesq@cityofdubuque.org THD7;B~E ~Yk-~ February 10, 2005 Mr. Frank Miller, Jr., Claims Manager Public Entity Risk Services 5701 Greendale Road Johnston, Iowa 50131 RE: Carrie Bills vs. City of Dubuque et al. Dear Frank: Enclosed is a copy of a complaint filed in the United State District Court for the Northem District of Iowa against the City of Dubuque and three police officers for a civil rights violation, excessive use offorce, assault and battery, and wrongful arrest/imprisonment. I am sending a copy of the documents to Les Reddick for a defense. We do not have any file on this incident. Barry A. Lindahl, Esq. Corporation Counsel BAL:tls Enclosures cc: Michael Van Milligen, City Manager Jeanne Schneider, City Clerk Kim Wadding, Chief of Police Mike Schmit, Police Corporal Stan Ryan, Police Patrol Officer Phil Friedman, Police Patrol Officer Les Reddick, Esq. Frank O'Connor Service People Integrity Responsibility Innovation Teamwork , IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF lOW A EASTERN DIVISION n CARRIE BILLS, Plaintiff, ) ) ) ) ) ) ) ) ) "';" "O-;-'i NO. cv 05-1009 vs. CITY OF DUBUQUE, STAN RYAN, MIKE SCHMIT, and PIllL FRIEDMAN, Defendants. NOTICE OF LAWSUIT AND " REQUEST FOR WAIVER OF SERVICE OF SUMMONS TO: William Blnm, Dubuque County Attorney, 300 Main Street, Suite 330, Dubuque, Iowa, 52001, on behalf of Phil Friedman. A lawsuit has been commenced against you (or the entity on whose behalf you are addressed). A copy of the complaint is attached to this notice. It has been filed in the United States District Court for the Northern District of Iowa Eastern Division and has been assigned docket number cv 05-1009. This is not a formal summons or notification from the court, but rather my request that you sign and return the enclosed waiver of service in order to save the cost of serving you with a judicial summons and an additional copy of the complaint. The cost of service will be avoided if I receive a signed copy ofthe waiver within sixty (60) days after the date designated below as the date on which this Notice and Request is sent. I enclosed a stamped and addressed envelop for your use. An extra copy of the waiver is also attached for your records. If you comply with this request and return the signed waiver, it will be filed with the court and no summons will be served on you. The action will then proceed as if you had been served on the date the waiver is filed, except that you will not be obligated to answer the complaint before 60 days from the date designated below as the date on which this notice is sent (or before 90 days from that date is your address is not in any judicial district of the United States). If you do not return the signed waiver within the time indicated, I will take appropriate steps to effect formal service in a manner authorized by the Federal Rules of Civil Procedure and will then, to the extent authorized by those Rules, ask the court to require you (or the party on whose behalf you are addressed) to pay the full costs of such service. In that connection, please read the statement concerning the duty of parties to waive the service of the summons, which is set forth on the reverse side (or at the foot) of the waiver form 2005. I affirm that this request is being sent to you on behalf ofthe Plaintiff, this 9th day of February, ~~-:-// J ey R. Tronvold LIOOl5969 EELLS & TRONVOLD LAW OFFICES, P.L.C. 192151"StreetNE Cedar Rapids, IA 52402 Phone: 319/393-1020 FAX: 319/393-4000 ATTORNEY FOR PLAINTIFF IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF IOWA EASTERN DIVISION CARRIE BILLS, Plaintiff, ) ) ) ) ) ) ) ) ) NO. cv 05-1009 vs. CITY OF DUBUQUE, STAN RYAN, MIKE SCHMIT, and PHIL FRIEDMAN, Defendants. COMPLAINT AND JURY DEMAND COMES NOW Plaintiff Carrie Bills, by and through the undersigned attorneys, and in support of her Petition states the following: PARTIES, JURISDICTION, AND VENUE 1. Plaintiff Carrie Bills ("Carrie") is, and at all material times, was a resident of Dubuque, Iowa. 2. Defendant City of Dubuque is a city located within Dubuque County, Iowa. 3. Defendant Stan Ryan is, and at all material times, was a resident of Dubuque, Iowa and an employee of Defendant City of Dubuque as a police officer. 4. Defendant Mike Sclunit is, and at all material times, was a resident of Dubuque, Iowa and an employee of Defendant City of Dubuque as a police officer. 5. Defendant Phil Friedman is, and at all material times was a resident of Dubuque, Iowa and an employee of Defendant City of Dubuque as a police officer. 6. Jurisdiction is premised on 28 U.S.c. ~~ 1343 and 1367. 7. Venue is proper in this District under 28 U.S.c. ~ 139 1 (b) as a substantial part of the events giving rise to the claim occurred in this district. FACTUAL ALLEGATIONS 8. On or about February 11, 2003, Carrie went to an apartment, unit six, located at 1020 University in Dubuque, Iowa in which two friends named Jesse and Mike resided. 9. Carrie arrived, and a discussion ensued with Jesse in which he requested that Carrie loan him money. Carrie denied his request, and he grew violent and struck her. Carrie informed him that she intended to phone the police, and Jesse and Mike left the apartment with Carrie's keys to her auto and home. 10. Carrie phoned the police and informed the officer answering the phone of the events, and the officer told her that there was nothing the police could do. The officer did state that she could come to the police station, pick up the red phone, and request assistance and file a report. Not having her keys or any means of transportation, she hung up the phone and waited. 11. After a short period of time, Mike returned to the apartment. Carrie and Mike were sitting at a table talking when Jesse phoned and told Mike to either get Carrie to leave, or call the police and have them remove her for trespassing. Carrie said she would not leave without her keys, and Mike called the police. 12. According to the arrest report, the police arrived sometime after 2:00 A.M., entered the apartment complex, and then entered unit number six. 13. Upon arrival, Carrie tried to explain the events of the early morning to the officers. They iustructed her that she had to leave. She asked how she could leave without her keys and they told her she just had to leave. The officers told her to leave again, and Mike produced her keys for the first time by placing them on the table. Carrie then stated that she had been telling the truth and reached for her keys with her right hand and picked them up. 14. Carrie suffers from cerebral palsy and has restricted use of her left arm and hand, walks with a limp that causes her to swagger, and has a speech impediment that causes her to speak with a slur. As she stood up to leave and got her keys she reached for her cell phone with her left hand, but realizing she couldn't use it brought her right hand over to pick up the phone. 15. As Carrie went to exit the apartment, one of the officers shook his head no, and Carrie asked why. Based on the arrest report, it appears the officers mistakenly believed Carrie was under the influence of alcohol. The other two officers then approached Carrie from behind and without warning pushed her face down over the table. The officers then grabbed her right arm and brought it sharply behind her back. Carrie immediately informed the Defendants that she suffered from a disability and that she couldn't move her left ann, or have it moved, in such a manner. The Defendants disregarded this warning and proceeded to lift her left arm behind her back causing excruciating pain to Carrie. 16. The pain caused Carrie to drop to her knees and begin crying, and the Defendants ordered her to stand. Not being able to stand the officers then applied force to Carrie's arms and shoulders, pressed her against the table as her legs hung over the edge, and forcibly placed handcuffs on her. 17. The officers then carried Carrie out of the apartment head first with one officer holding each arm and the third holding her legs. As they went down the stairs, Carrie's left wrist slid out of the handcuff since her wrist is underdeveloped given her cerebral palsy, and there does not exist the usual taper between her hand and wrist that one nonnally finds on an average person. The officers then accused her of trying to escape and exerted more force to restrain her which caused additional pain to Carrie. 18. As the officers reached the outside of the apartment they removed the cuffs and told Carrie they were placing her in the police vehicle and taking her to the station. As she went to get in the vehicle the officers grabbed her, forced her in from behind and one officer pulled her into the car on her side from the other side of the vehicle. By this time, Carrie could no longer feel her left arm and was crying uncontrollably. 19. Upon arrival at the station, a female officer approached and told her to remove her shirt. Carrie was seated, and asked why she was being held, explained her condition again, and explained how it could be confused with intoxication. Without warning, one of the original officers carne up to Carrie, grabbed her right shoe, yanked it off causing her head to smash into the wall and said, "Take your fucking clothes off now." Carrie then said I am not doing anything until he leaves the room With that, the male officer left, and Carrie was placed into a cell without disrobing at all. 20. To the best of Carrie's recollection, sometime within a half hour of arriving at the station, she was administered a breathalyzer test which was negative. Despite this, the Defendants continued to hold her without giving her a reason. 21. Carrie also suffers from hypoglycemia, and the next morning when she awoke, she requested a glass of orange juice as she could tell her blood sugar levels were out of balance. This request was denied and the reason given was that she had missed breakfast. 22. She was eventually released at approximately 11 :00 A.M. COUNT I 42 V.S.C. & 1983 23. Carrie hereby re-alleges paragraphs 1-22 as if fully set forth herein. 24. Acting under color of State law, Defendant officers, in their individual and official capacity, violated the civil rights of Carrie granted to her by the Fourth and Fourteenth Amendments to the Constitution of the United States by using force which was clearly excessive in light of the circumstances existing at the time of the arrest. The defendant officers use excessive force with the intent to inflict unnecessary harm upon Carrie and such use of force caused physical and mental injuries to Carrie. 25. Carrie further alleges that the implementation of policies, customs, or official acts of the Defendant City of Dubuque were a cause of the constitutional violations. 26. Carrie has been damaged as a result of the violation of her civil rights by Defendants. Damages include past and future pain, suffering and mental anguish, and medical expenses. 27. Defendant officers' conduct was reckless and exhibited a callous indifference to Carrie's rights entitling Carrie to punitive damages. WHEREFORE, Carrie demands judgment against Defendants in a fair and reasonable monetary amount to be determined by the trier of fact, along with punitive damages against the officers, attorney fees as provided by 42 U.S.c. ~ 1988, interest as provided by law, and the costs of this action, as well as such other relief as may be deemed just and equitable in the premises. COUNT II ASSAULT AND BATTERY 28. Carrie hereby re-alleges paragraphs 1-22 as if fully set forth herein. 29. Defendant officers corrnnitted an assault and battery on Carrie by intentionally and unlawfully threatening Carrie with present ability to do violence to her; putting her in reasonable and serious apprehension of a hannful and offensive contact against his person, and intentionally, maliciously, and unIawfu11y injuring Carrie by means of harmful and offensive contact against her person. 30. The assault and battery was a proximate cause of damages to Carrie including past and future pain, suffering and mental anguish, and medical expenses. 31. The acts of Defendant officers were willful, wanton, and reckless entitling Plaintiff to punitive damages. WHEREFORE, Plaintiff demands judgment against Defendants in a fair and reasonable monetary amount to be determined by the trier of fact, along with punitive damages against the officers, and interest as provided by law and the costs of this action, as well as such other relief as may be deemed just and equitable in the premises. COUNT ill WRONGFUL ARRESTIIMPRISONMENT 32. Carrie hereby realleges paragraphs 1-22 as if fully set forth herein. 33. The Defendant erroneously believed Carrie was under the influence of alcohol, and based on this belief, wrongfully arrested her. 34. The Defendants unlawfully procured the detention of Carrie on criminal charges for alleged disorderly conduct and interference with official acts based on their erroneous belief. 35. The detention of Carrie was against her will and without her consent. 36. The charges brought and the resulting prosecution were without sufficient probable cause to accuse Carrie of the crimes set out by the officers, and were brought willfully and wantonly with malice on the part of the Defendants and in reckless disregard of the rights of Carrie. 37. The actions of the Defendants were a proximate cause of the damages to Carrie, including the unjust arrest and imprisonment of Carrie; the deprivation of Carries's fundamental civil rights; humiliation, embarrassment, and severe mental and emotional distress; expenses incurred in defending criminal charges; damages affecting Carries's reputation and livelihood; and exposure to public hatred, contempt, and ridicule, entitling her to compensatory and punitive damages in fair and reasonable amounts to be determined by the trier of fact. WHEREFORE, Plaintiff demands judgment against Defendants in a fair and reasonable monetary amount to be determined by the trier of fact, along with punitive damages against the officers, and interest as provided by law and the costs of this action, as well as such other relief as may be deemed just and equitable in the premises. JURY DEMAND COMES NOW, Plaintiff, Carrie A. Bills, by and through her attorneys, Eells & Tronvold Law Offices, P.L.C., and requests a trial by jury. /s/ Lew Eells Lew Eells LIOOOl425 EELLS & TRONVOLD LAW OFFICES, P .L.C. 1921 51't Street NE Cedar Rapids, IA 52402 Phone: 319/393-1020 FAX: 319/393-4000 ATTORNEY FOR PLAINTIFF /s/ Jeffrev R. Tronvold Jeffrey R. Tronvold LIOO 15969 EELLS & TRONVOLD LAW OFFICES, P.L.e. 1921 51" Street NE Cedar Rapids, IA 52402 Phone: 319/393-1020 FAX: 319/393-4000 ATTORNEY FOR PLAINTIFF Original Filed. CERTIFICATE OF SERVICE I hereby certify that on the 8th day of February, 2005, I electronically filed the foregoing with the Clerk of Court using the ECF system which will send notification of such filing to the following: MATERIALS CLERK OF COURT SHALL PROVIDE PLAINTIFFS WHO FILE CIVIL CASES ON OR AFTER JANUARY 1, 2003, FOR SERVICE ON ALL OTHER PARTIES A copy of each of the following materials must be served along with each service copy of the complaint: I. Local Rule 3.2 2. Statement of Interest form 3. Local Rule IO.l(h) 4. Notice of Public Availability of Case File Information 5. Local Rule 16.1 (includes a note on filing proposed orders under ECF) 6. Instructions and Worksheet for the Schedule Order and Discovery Plan 7. Scheduling Order and Discovery Plan 8. Consents 9. LR 41.1 Dismissals of Actions 10. ECF Attorney Registration Form II. Administrative Order 04-AO-O003-P 12. Credit Card Authorization Form LR 3.2 STATEMENT OF INTEREST L PWatilJ's Statement ofIaterest. Within 21 days after a civil complaint is filed, each nongovernmental plaintiff that is not a natural person must file with the Cleric of Court a statement containing the following: 1. The names of alll1S5Ociations, finns, partnerships, corporations, and other artificial entities that either are related to the plaintiff.. a parent, subsidiary, or otherwise, or have a direct or indirect pecuniary interest in the plaintiff's outcome in the ease; and 2. With respect to each sucb entity, a description of its connection to or interest in the litigation. b. Delead..t'. Statement of Interest. Within 30 days after service of a civil complaint on a nongovernmental defendant thst is not a natural person, such defendant must file with the Cleric of Court a statement containing the following: 1. The names of all associations, finns, partnerships, corporations, and other artificial entities lbat either are related to the defendanlllS a parent, subsidiary, or otherwise, or have a direct or indirect pecuniary interest in the defendant's outcome in the case; and 1. With respect to each sucb entity, a description of its connection.to or interest in the litigation. e. Statement of Interest Forms. A statement of interest must be submitted on a form supplied by the Cleric of Court. A copy of the statement of interest form is anached to these rules lIS appendix A, and may be found on the eoW'lS'S web sites at the addresses given in LR 1.1 (i), The statement of interest form is designed to enable the involved federal judges to evaluate possible bases for disqualification or recusaI. Upon lbe request of a party and an order of the court, the party's statement of interest form maybe filed under seal, d. Chuges In Statement oflnterest. If the information provided by a party in a statement of interest form changes before the time has exp~d for filing a notice of appeal from the fmal judgment in the case, the party must, within 21 days after the !late of the change, file an amended statement of interest form reflecting all such changes. e. Coaflict. LIst After entering an appearance in a pending civil action, the attorneys for the parties must detenni1le promptly if the presiding judge has ftIed a conflicts list with the Cleric of Court by doing one of the following: I. Inspecting the court's web site at the address given in LR I.I(i); or 2.lnq"iring of the Clerk of Court's Office of the district. If a conflicts list for the presiding judge has been filed with the Cleric of Court, the attorney rDl>st review the list and immediately notify the Cleric of Court if it appears the presiding judge may have a conflict with any association, firm, partnership, corporation, or other artificial entity either related to any party or having a pecuniary interest in the case. r. Nod1lcatIon by Clerk of Court. After an action is filed, the Clerk of Court will notify the parties promptly of the rcq,,~ts of this rule, by providing a copy of the rule and a statement of interest form to the plaintiff. The plaintiff must anacb a copy of the rule and tbe fonn to each service copy of the summons and complaint. Any failure of the Cleric of Court or the plaintiff 10 provide a party with a copy of the rule or the form does not excuse the party from compliance with the rule. IN THE UNITED STATES DISTRICT COURT FOR mE (NORTHERN)[SOUTHERN) DISTRICT OF IOWA @ DIVISION @. Plaintifi{s), No. @ STATEMENT OF INTEREST vs. @, Defenclant(s). Asrcquircd by LR 3.2 and LR 81.1 (c), (d), and (e),@,[plaintifl][defcndant] in this case, provides the following information to the court: (a) The following are the PI/lmes of all associations, firms, partnerships, corporations, and other artificial entities that either are related to the [plaintiff] {defendant} as a parent, subsidiary, or otherwise. or have a direct or indirect pecuniary interest in the [plaintiff's] {defendant's] outcome in the case: (b) With respect to each entity named in respanse to (a), thefollowing describes its connection to or interest in the litigation, or both: Date: Name of attorney Name of attorney's law firm Attorney's office address Attorney's telephone number Attorney's facsimile nwnber Attorney's e-mail address (if available) L.R. 10.1 * * * b. Personal Data Identifien. Unless otherwise ordered by the court or requited by law, a party filing a document containing perSonal data identifiers should, unless the document is filed under seal, modiJy or partially redact the document to prevent the disclosure of the identifiers. Personal data identifiers include the following: 1. Social Security numbers; 2. Financial account numbers; 3. Dates of birth; and 4. Names of minor children. By way of example, and not limitation, if the Social Security number of an individual must be included in a document, only the last four digits of that number should be used. If financial account numbers are relevant, only incomplete numbers should be recited in the document If an individual = s date of birth is necessary, only the year should be used. If a minor child must be mentioned, only that child m s initials should be used. In addition, parties should exercise caution when filing unsealed documents that contain the following information: 1. Other personal identiJying numbers, such as driver - slicense numbers; 2. Information concerning medical treatment or diagnosis; 3. Employment bistol)'; 4. Personal1inancial information; and 5. Proprietary or trade secret information. It is the I'eSpOnsibility of counsel and the parties to assure that appropriate redactions from documents have been made before they are filed; the Clerk of Court will not review filings to determine whether such redactions have been made. NOTICE OF PUBLIC AVAILABILITY OF CASE FILE INFORMATION All documents filed with the court, unless sealed, will be available to the public, and may be accessible over the Internet. Therefore, you should nol include certain types of sensitive infonnation in any document filed with the court unless such inclusion is necessary. If sensitive information must be included in a documenl, certain personal and identitying infonnation should be redacted from the docUDlCllI, whether it is filed traditionally or electronically. This information includes the following: (1) Social Security numbers, (2) filUlllcial account numbers, (3) dates of birth, and (4) the names of minor children. Also, you should exercise caution when filing documenrs that contain the following: (I) other personal identifying numbers, such as driver's license numbers; (2) information concerning medical treatment or diagnosis; (3) employment history; (4) personal financial information; and (5) proprietary or trade secret information. Counsel are strongly urged to share this notice with their clients so that infonned decisions may be made concerning the redaction of sensitive information from documenrs 1hat will be available to the public as part of a case file. It is the sole responsibility of counsel and the parties to ensure all filed documents comply with the rules of this court requiring redaction of personal data identifiers; the Clerk of Court will not review ftlings to determine whether appropriate redactions have been made. PROPOSED ORDERS Proposed Scheduling OrderlDiscovcry Plan should be handled according to Administrative Order Number 03-AO-O015-P, SCl:tiOD VII-B, Submission of Orden (below). B. SUBMISSION OF ORDERS. Proposed orders may be submitted to the court by &-mallng the proposed order to ecfmallalliand.uscoLJrts.90v or by mailing or . delivertng to the Clerk's office a 3.5" disk containing the proposed order. All such proposed orders must be submitted in a format compatible with WordPerfect, which Is a "Save As" option In most word processing software. The court will not accept proposed orders in .pdfformat. The &-mail or disk must identify clearly the motion to which the order relates. LR 16.1 SCBEDUUNG ORDER AND DISCOVERY PLAN a. Tlmlag of PropOJed Order and Plan. Within 120 dllys after the filing of the complaint, all attorneys of record and all unrepresented parties must submit to the Clerk of Court for approval by a magistrate judge a proposed Rule 16(b) and 26(1) schedu1ing order and discovery plan. The parties must confer to complete the proposed scheduling order and discovery plan as 500n as practicable, but at least 14 days before the proposed scheduling order and discovery plan is due. b. Completion of PropOlled Order and Plan. The attorneys of record and all unrepresented parties who have appeared in the case are jointly responsible for preparing and submitting the proposed scheduling order and discovery plan to the court. The proposed scheduling order and discovery plan must be submitted on the form supplied by the Clerk of Court's Office. and must contain all of the information requested in the form. A copy of the form maybe downloaded from the courts' web sites at the addresses given in LR 1.1(i). Co Dismissal for FaUure to Submlt Timely Proposed Order and Plan. The failure to submit a timely proposed scbeduling order and discovery plan may result in dismissal of the case. II. Cases Not Subject to Requirement. A proposed scheduling order and discovery plan must be submitted in all civil actions, except for the following: 1. An action for review on an administrative record, including a Social Security disability review; 2. A petition. application, or motion for habeas corpus. or other proceeding to cballenge a criminal conviction or sentence; 3. An action brought without counsel by a person in custody of the United States, a stale, or a state subdivision; 4. An action to enforce or quash an administrative summons or subpoena; S. An action by the United States to recover benefit payments; 6. An action by the United States to collect on a student loan guaranteed by the United States; 7. A proceeding ancillary to proceedings in other courts; 8. An action to enforce an arbitration award; 9. A foreclosure or civil forfeiture action filed by the United States; 10. An IRS summons enforcement action; and 11. Any other class of eases so designated by order of the court. e. Scheduling Couference. After reviewing the proposed scheduling order and discovery plan, the magistrate judge may issue the RuJe l6(b) and 26(1) scheduling order and discovery plan, either as submitted or with revisions, or may set a scheduling conference. Nothing in this rule precludes the parties from requesting a scheduling or planning conference with the magistrate judge at any time. f. Requests for Extensions of Deadlines. The deadlines established by the Rule 16(b) and 26(f) scheduling order and discovery plan will be extended only upon writte/l motion and a shOwing of good cause. A motion to extend a Rule l6(b) and 26(f) scheduling order and discovery plan deadline must comply with LR 7.I(k). A motion containing a request for an extension of a discovery deadline also must contain the following: 1. A description of the discovery not completed; 2. A description of the discovery that has been completed; 3. An explanation of why ail discovery cannot be completed by the existing deadline; 4. A statement of when discovery will be completed; and S. A statement of whether the moving party believes the requested extension will affect any scheduled trial date. g. Notification by Oerk of Court. After an action subject to this rule is filed. the Clerk of Court will notity Ibe parties promptly of the requirements of this rule, by providing to the plaintiff the following: 1. A copy of this rule; 2. The instructions and worksheet for the scheduling order and discovery plan; and 3. A scheduling order and discovery plan form. The plaintiff must attach a copy of the rule to each service copy of the summons and complaint Any failure oflbe Clerk of Court or the plaintiff to provide a party with any of these documents does not excuse the party from compliance with the Loeal Rules. h. Dlsposittve Motion Deadline. The deadline in the proposed scheduling order and discovery plan for filing dispositive motions must be at least 120 days before the proposed ready-Cor-trial date. L Sa.ctIoDs. The failure to comply with a deadline established in the Rule 16(b) and 26(f) scheduling order and discovery plan may result in sanctions, including the exclusion of evidence, the prevention of witnesses from testitying, the striking of pleadings or other papers, the denial of oral argwnenl, and the imposition of attoroey fees and costs. U.S. DISTRICT COURTS FOR THE NORTHERNlSOUTHERN DISTRICTS OF IOWA INSTRUCTIONS AND WORKSHEET FOR PREPARATION OF SCHEDUUNG ORDER AND DISCOVERY PLAN Effective December 1,2000 ORDER REQUIRING SUBMISSION OF SCHEDUUNG ORDER AND DISCOVERY PLAN Please carefully review the. Local Rules, revised as of January 1, 2001, for a more oomplete description of the District's requirements for pretrial case management (avaIlable at www.iand.lJ$OOurts.govor www.iasd.uscourts.gOv). IT IS ORDERED THAT counsel for the parties shall confer, as required by Federal Rules of Civil Procedure 16 and 26 and Local Rules 16.1 and 26.1, and submit to the Clerk of Court on the attached form e stipulated proposed scheduling order and discovery plan. If counsel are not able to agree upon the deadlines required to complete the form or are requesting deadlines significantly beyond those suggested in the form, or If the case involves any special issues that require the early attention of the court. counsel should, in paragraph 11 of the form. request a Rule 16(b) and 26(f) scheduling and planning conference with the court. U.S. MAGISTRATE JUDGE Follow this worksheet at your Rule 16(b) and 26(f) conference. The deadlines referred to In the worksheet are suggested deadlines except for the dispositive motion deadline, which MUST be at least 120 days before the trial ready date. FDe only the attached two-page proposed scheduling order and discovery plan. DO NOT ALE THE WORKSHEET. 1 INITIAL DISCLOSURES: State whether the parties entered into an agreement at the Rule 26(f) conference resolving all issues relating to the Federal Rule of Civil Procedure 26(a)(1) Initial disclosures In this action. __yes _110 1 WORKSHEET - DO NOT FILE - WORKSHEET If you answsrad "no" to the last question. state whether any party objected at the Rule 26(f) conference either to making thelnltial.dlsclosures or to the timing of the Initial disclosures. _yes _no If any party objected at the Rule 26(f) conference either to making the Initial disclosures or to the timing of the Initial disclosures, then within 10 days after the SCheduling order and dlsc;overy plan Is filed, the objecting party must serve and file a document In which the objections are set forth with particularity. If the parties have entered into an agreement concerning the timing of the Initial disclosures, state the date by which the initial disclosures will be made. [mert date) Unless e different deadline Is set by agreement of the parties or court order, or unless a party objects to making the Initial disclosures or to the timing of the Initial disclosures, Local Rule 26.1 (a) requires that the Initial disclosures be made within 14 days after the Rule 26(f) conference. Federal Rule of Civil Procedure 26(a)( 1) requires that the parties must, without awaiting a discovery request, provide to other parties: (A) the name and, if known, the address and telephone number of each individual likely to have discoverable Information that the disclosing party may usa to support its claims or defenses, unless solely for impaachment. identifying the subjects of the information; (B) a copy of. or a description by category and location of, all documents. data compilations, and tangible things that are In the possession, custody, or control of the party end that the disclosing party may use to support Its claims or defenses. unless solely tor impeachment; (C) a computation of any catagory of damages claimed by the disclosing party, making available for inspection and copying as under Federal Rule of Civil Procedure 34 the documents or other eVidentiary material, not privileged or protected from disclosure, on which such computation is based, including materials bearing on the nature and extent of injuries suffered: and (D) for inspection and copying as under Federal Rule of Civil Procedure 34 any Insurance agreement under which any person carrying on an insurance business may be liable to satisfy part or all of a judgment which may be entered in the action or to indemnify or reimburse for payments made to satisfy the judgment. If the parties have any other disputes conceming Initial disclosures or are aware of any other issues relating to SCheduling or planning that might benefit from the early Intervention of the court. the parties may, In paragraph 11 of the proposed Scheduling order and discovery plan, request a court-sponsored pretrial discovery and planning conference. 2 WORKSHEET - DO NOT FILE - WORKSHEET 2. ADDING PARTIES: State the dead6ne for filing motions to add parties. (insert dale) This deadline should be no more than 2 months after the date the proposed sc:hedullng order and discovery plan Is submitted to the court. 3. AMENDING PLEADINGS: State the deadline for filing motions to amend pleadings. (insert date) This deadline should be no more than 2 months after the dale the propossd scheduling order end discovery plan Is submitted to the court. 4. EXPERT WITNESSES: Stete the deadlines for the parties to disclose. In accordance with Federal Rule of Civil Procedure 26(a)(2)(A) and (6), al"expert witnesses" who may be used at trial to present evidence under Federal Rules of Evidence 702, 703, or 705. Plaintiffs experts: (Insert date) Defendant's axperts: (insert date) (insert date) The deadlines forthe plaintiff to disclose experts, for the defendant to discJose experts, and for the plaintiff to disclose rebuttal experts should be no more than 3 months,S months, end 6 months, respectively, after the dale the proposed scheduling order and discovery plan Is submitted to the Clerk of Court. Except as otherwise stipulated by the parties or ordered by the court, the parties must, by these deadlines, disclose to the other parties: (a) the identity of each expert witness; and (b) a written report prepared and signed by each expert witness, as required by Federal Rule of eMI Procedure 26(a)(2)(6). The report must contain a complete stetement of al opinions to be expressed and the basis and reasons therefor; the data or other Information considered by the witness In forming the opinions; any exhibits to be used as a summary of or support for the opinions; the qualifications of the witness, including a list of all publioations authored by the witness within the preceding ten years; the compensation to be paid for the study and testimony; and a listing of any other cases In which the witness has testified as an expert at trial or by deposition within the preceding four years. Plaintiffs rebullal experts: 3 WORKSHEET - DO NOT FILE - WORKSHEET 5. DISCOVERY: Slate the date by which all discovery will be completed, not propounded. (Insert date) This deadline should be no more than 8 months after the date the proposed scheduling order end discovery plan Is submitted to the court. Federal Rule of Civil Procedure 26(e) imposes a continuing duty to supplement discovery responses as soon as practicable. All discovery rasponses must be supplemented at least 30 days before the close of discovery. 6. DISPOSmVE MonONS: State the deadline for filing dispositive motions. (Insert date) This deadline must be at least 120 days before the trial ready date, but should be no more than 9 months afterthe date the proposed scheduling order and dlscoveryplan Is submitted to the court. 7. TRIAL READY DATE: State the date on which the parties anticipate the case will be ready for trial. (insert date) This deadUne should be no mOlV than 13 months after the date the proposed scheduling order and discovery plan Is submitted to the court, but must not be less than 120 days after the dispositive motion deadline. 8. JURY DEMAND: State whether a jury demarid has been filed. _yes _no 9. ESTIMATED LENGTH OF TRIAL: Stale your estimate of the number of days required for trial. For jury trials, Include in your estimate the time required for jury selection, opening statements, closing arguments and Instructions. If circumstances change, the parties should immediately so notify the court. In any event, the parties should notify the court of any change In the time required for trial and of their new estimated length of trial by at least 30 days before the trial readiness date in paragraph 7, (insert number of trial days) 4 WORKSHEET - DO NOT FILE - WORKSHEET 10. SETTlEMENT CONFERENCE: Indicate one of the following two choices regarding a court-sponsored setUement conference: A court-sponsored settlement conference should be set by the court at this time for a date after: (insert date) A court-sponsored settlement conference is not necessary at this time. 11. SCHEDULING AND PLANNING CONFERENCE: State whether the parties believe a court-sponsored scheduling and planning conference pursuant to Federal Rules of Civil Procedure 16(b) and 26(1) would be appropriate in this case. _yes _no 12. CONSENT TO MAGISTRATE JUDGE: State whether the parties unanimously consent, or do not unanimously consent. to trIal, disposition, and judgment by a United States Magistrate Judge, wIIh appeal to the Eighth Circuit Court of Appeals. _ yes, we unanimously consent _ no, we do not unanimously consent You may consent in either a jury or non-jury case. Cases consented to the United Slates Magistrate Judge wiD be set for trial on a date certain. 13. DELIVERY OF FORM TO CLERK OF COURT: Print or type the names, addresses, telephone and fax numbers, and e-mail eddresses on the proposed scheduling order and discovery plan. sign the proposed order and plan. and dallver it to the Clerk of Court. Be sur. to deliver 10 the Clerk of Court ll9.th pages of the proposed order and plan. 5 WORKSHEET - DO NOT FILE - WORKSHEET IN THE UNITED STATES DISTRICT COURT FOR THE [NORTHERN] [SOUTHERN] DISTRICT OF IOWA [WESTERN] [CENTRAL] [EASTERN] (CEDAR RAPIDS) (DAVENPORT] DMSION ) ) Plalntiff{s).) NO. ) vs. ) ) ) SCHEDUUNG ORDERAHD ) DISCOVERY PLAN Defendant{s). ) Counsel have confarrad and submit the following case Inforrnallon and proposed dates lor case management 1. Did tho parties enter Into en a9fllllmanl at the Rule 26{t) confarern:a raaolvlng all Issues relating 10 Initial dIscIosuras? _ yes __ no If you answer "no: state whether any party obje<:led at the Rule 26{f) conferanca to maldng or to the llmlng of the Inllfal disclosures: _ yes _ no " any patty objected at the Rule 2f(f} confaNnca to malrlng or to the timing of the In/f1al d1scJosut'N, Ihan the obJ<<;t/tlfl patty must. within 1D.ys afIar We ord8l' and plan Ira been tiled, ._ end file a document In which the objacllone a,.. ...t forth with paIflcularl1)'. If tho parties have agreed 10 a deadline lor making the initial dlsc:losl.l'es. state the data by which the initial dlsclosur&s will be made: 2. DeadUne for motions to add parties: 3. Deadline for motions to emend pleadings: 4. Expert witnesses disclosed by; a) Plaintiff: b) Defendant oj Plalntill Rebuttal: 5. Deadline fer completion of dlscove.y. 6. Dispositive motions deadline (at least 12D days before Trial Ready o.te): 7. Trial Ready Data (at least 120.1$ allel'Dlsposltlw Motions o.to): 8. Ha.. JIX)' demand been filed? yes no 9. EsUmalad length of trlal: days 10. SeUlement conferanca (choose one of thelolowlng): (a) _ A court-sponsored settlement confarenca should be set by the court at this time fat a date alter: ; or (b) _ A court-sponsorad selllament confal'lll1Ce Is not necessary at this time. 11. Should the court order a court...ponsorad scheduling and p1aMlng contaranca pursuant 10 Fed. R. Civ. P. 16(b) and 26{f)? __ yes no 12. Do the parties unanlmouslyconsenllo trial. cisposition and judgment bya U.S. Magistrate Judge. with appeal 10 tha Eighth Circult Court of Appea's pursuant to 28 U.S.C. ~ 636(c)(3)? _yes __no Attorney fat Plalnllff{s): Addrass: Telephone: Facsimile: E-mail address: Attorney for Defendant(s): Address: Talephona: Facsimile: E-mal address: AItotney fer Third-Party Defendanl\Other: Address: Telephone: Facsimile: E-maH address: JUDGE'S REVISIONS The deadline in Paragraph The dead tine in Paragraph The deadline in Paragraph is changed to is changed to Is changed to IT IS ORDERED that this proposed Scheduling Order and Discovery Plan _ is _ Is not approved and adopted by this court. IT IS FURTHER ORDERED that a scheduling and planning confarence: will not be scheduled at this time. will be held In the chambers 01 Judge at the U.S. Courthouse In ,Iowa, on ths_ day of , at o'cIock._.m. will be held by telephone conference, Initiated by the court, on the _ day 01 , at o'clock, _.m. DATED this dey of MAGISTRATE JUDGE UNITED STATES DISTRICT COURT ORDER OF REFERENCE IT IS HEREBY ORDERED that this case is referred to a U.S. Magistrate Judge ror the conduct of all further proceedings and the entrY of judgment in accordance with 28 U.S.C. !i 636(c) and the consent of the parties. DATED thls_ day of UNITED STATES DISTRICT JUDGE ..,.. " 1.0 85 (Rev. 10/'3) NO'rICE OF aVAILlUIILI'l'Y OF Ka.GIBUAl'll JOIlGB l'O EXllaC:rSll or JUllISDICTION AlII) >>PJ:AL Or'l'IOK In aocordance with provision at Title 28, U.S.C. 636(c) and Fed.R.Civ.P. 73, you are hereby notitied that a united State. ..qi.trate judge of thi. district court 18 available to exercise the court's jurisdiction and to conduct any or all proceedings in this case including a jury or nonjury t1"1&l, and entry ot & tinal jUd!Plent. Exercise ot this jurisdiction by & llI&gistrate judge is, however, p&aitted only it &11 parU.. voluntarily coneent. . YC!U.lUY, without adver.e aubstanti.ve consequences, withhold your consent, but this will prevent the court'. jurisdiction tX'Clll being exercised by a uqiatrate judge. It any party wi.thhold_ consent, the identity at the parti.. consenting or withholding consent will not be OOlIIIIIunicated to any llIagistrate jUdge or to the district judqe to whOlll the ollse has been asdgned. An appeal froll a judgment IIJltered by a ID4gistrllte judqe llIay be taken directly to the Untied State. court ot appeals tor thi6 jUdicial circui.t in the snll llanner ... an appeal trOll any other j\ldqllent at a district court. AlternatiVely, upon con8ent Of all partie., an appeal trOlll a judglllent. entered by II magistrate judqe III1Y be taken directly to II' district judge. cases in which an appeal is taken to district judg. MY be reviewed by the United Statas court at appeala tor this judicial circuit only by way at petition for leave to appeal. Copies at the Form for the .Consent to Ex.rci_e at Jurisdiction by a United States KaqiStrate Judqe and Order at Reterence" are available frolll the clerk at the court. . .I AIJ 15 (RoY. 8IIl8) _. eo.-nt,.-.d Ordor of Ro","""", - e..r.;.. of JurisdIc:tion by a UniIed S_ Mag...... Judge UNITED STATES DISTRICf COURT Di.'1rict of PluintitT NOTICE, CONSENT, AND ORDclt OF REFERENCE - EXERCISE OF JURISDICTION IlY A UNITED STATES MAGISTRATE JUOOE I: CaKe Number: Ddumlanl NOTICE OF AVAlLABIUlY OF A UNITED STATES MAGISTRATE JUDGE TO EXERCISE JURISDICl10N In aa:nrdanw with the pnwimru: of2K U.S.c.S636(c). and Fed.R-Civ.P. 73. )'uu an: Iltatifted that Ii United Stales magistcatc jud~ of rhi.' district CtJu.tl is awilahh: to conduct any or 111 prao:edings in tbi5 casc indudins ajury or nonjut)' .ri"I, and tn order ,hi: .'tIuy nl e final jlJd&ment. Exo""" nl 'hi, jurisdiction by a magistrale judg.: is, bowcvcr. pormilu:d n.1y If all poTli"" voluntarily con5(..'1U. You may. witbout adwm.: suhunntivl: c:omeqwnca. withhold your ootw:nt. but this will prownt the unurt's juril<<.liction rrom huh'll ",",".,o,d by I mali51ralc judge. ICaay party wilhholcls conscat.lhe identity ollbc parties consenting nr withhoWiDg "n"""DI will 001 be wmmunicarodlollllJl mugi5lr1llc: judge or to Ibc district judge to Whom the ca... has heen assign<.'d. An appeal rmm 0 judgment..lored by IlllIIJli.<trau: judge sball he ralce. directly,n Ibc United S,a,., COOTI of lIppeal, for lh., judieial circuit in Ibc ,ame m....r as an 8JlllCDI rn"" any other judt.""".1 of Ibis dislrlc:t "nurt. CONSENT TO THE EXERCISE OF JURISDICTION BY A UNITED STATES MAGISTRATE JUDGE In aco:mancc with the provisiom or 28 U.s.C.!i6J6(c) and n:d.R.Civ.P. 73, the partic:Ji, in this CWiC alJw:nt 10 have a United States magistral\: judge CXJoduct uny and all pI"OCI;1Cdings in tbm ~. including il-= trial, nrder the cotty of 11 tinal judgment. Ind<x'nduc:t all p""l-judgment rrn.,..-dings. Parly Rc",cscntc<l Signature, Dale ORDER OF REFERENCE IT IS ORDERED that this cast: be referred tn . UnitetJ State-iii MagilolUUtc; Judgc;. to r.nncJuc.1 61.11 prcK:\;cdings and cN'<kr the t:ntry of jl1d.cmcnt in accordance with 2M U.S.c. S6.'\6(c) .illKl FI..-d.R.Civ.P. 73. OIl< UllilclJ SIIIWS Oistric.'t JMdBc NOTE: RETURN THIS FORM TO THE CLERK 01' THE COURT ONlY IF AlL PARTIES HAVIl CONSENTED ON THIS FORM TO THE EXERCISE OF JURISDICTION BY A UNITED STATES MAGISTRATE JUOOE. AO_(1Z'131 WAIVER OF SERVICE OF SUMMONS TO: lNAMIM~"'TrOfIN!YO"UNII&MaiNJD) fIlAItmFfJ I acknowledge receipt of your reqU"t that I waive ..lVice of a aummons In the action of . which is case number COOC:ICEl'IlI~ (CA,-r'tOH O#-lIChQNf In the United States Dlstnct Court tor the District of . I have aloo tllCelllGd e copy of the complaint in the action. two copies of thl.InSlNment. end a means by which I can lllIum th. slgnlld over to you without cost to me. I agree to ll8Y8 the cost of eeMce of a summons and en adcltlonal copy of the complalntln thls lawsuit by notlllqUtnng the! I (or the entity on whose behllf J am acllng) be lleMld with Judicial process In the manner pIll\Ilded by Rule 4. I (or thl ""Diy on whose behalf 11m IlCtlng) will lllIaln all defenses or objectiOns to the lawsuit or to the Jurisdlcllon or venue of the court IXC8pt for objections build 0. a defect In the summons or In the ...rvice of the summons. I unll_end th8t a judgment may be .....rIId against ma(Otlhe party on whose behalf I am acting) If an anawer or mot/on under Rule 12 Is nol eerved upon you within 60 days alter . (DATI II:QUIS1' wo\t NHT) or within 90 days alter thai date If the request was lMlllt outside the United States. ..'" 8IGNATlIftE PrInll<flTyped _ As 0/ (Il1Ul fOOAPORATt: DERNDANT) Dutr to -'II un. U I . co... 1Il'......" au.- 1Wt.. Of the Feel.ra1 Rulel of awn PrDcedurt......... "llIn pmia tocaoperlltll r. IlIfIng ~ cotts of..me. of the "","""n" and COII\IlIIInI.AcMr.nftM lClc""n 1M UN..., Icalu who. "'-btIng nodlltd or.. aJan.ancl MkId ~.. plaintiff IOOItecIIn tilt: unll<<l StItt. to wliYll II,*,- of ~ tummoM. '....10 do 10 will III ....vI.. 10 bear tM OCIt of audI..... un.... pd CIUII bill thowll far It.,...... to II"n Mcl .....rn _ .....1. tI:.. noC OODCI caal.. fat, tallunl1O'" MI\'lo. Chili. PIl'tr befiftn that.... _1M!nI .. unlou~ ljIl' tn.t Iht ac::tIon......, I;lrough1 k1..lIn9r'oI*pllCtorln.GOUrtthlt....JvrtadlcUon~..... MlbIKt mltWCIf ttwacllon _cwttl'tl PlI'IOl'I orprof)ll1y.ApWtywho walvu NrYIc. of the IUl'lWnDtII retaIna..........1nCf 0IltICII0flt(.~ 11ft *&tInO 10 IM.UlII'nOnI or to 1he MMce ot 1M IUmmOftl). WKt N'/..... object 10 Ibt jurtlCl/oCkln af Dl' court or to Ibt P.1ACe...... tht action ,... bten btoWIht. AdlfendlnlwhD........ MMce IIluII WII:,-In 11'1. 111M1pctflt4 Ofl""'trotM Mt'teOft".lttlfl'llt1omeyfOrunrtprllMtfd pIaIn!ltl) a reIJXlI* 10 1M carnpAalltl...d InIdt illIG tiki. a1gftlld DGpy 011114 ftlpotlH wnn the COUI\. It 1M .....,. or motion la not MtVtcJ wfthan tltll: 11m.. ."UlJuOgmant may be..... llgeinatlhlllllefwldatlt. _WIMng.......;e,. d.r.ndant Is a11ow.d.....,. \o...,...,....U the lummolt..., bMn ~ly Hl'Yed When Ihe raqUHt lor walWr oI..vlCt.... NCew.d. LR 41.1 DISMISSALS OF ACTIONS .. V oluatary Dismissals. Civil actions may be dismissed without an order of the court in two circumstances: 1. Where the plaintiff files a notice of dismissal before service by the adverse party of either an answer or a motion for swmnary judgment; or 2. Where a stipulation of dismissal signed by all parties who have appeared in the action is filed with the Clerk of Court. b. Involuntary Dismissals. After giving the parties the notice prcscn'bed in section (d) of this rule, the Clerk of Court will, in the following circumstances, enter an order dismissing a civil action without prejudice: 1. Where service has not been made on any defendant within 120 days after the filing of the complaint, and the plaintiff has failed to file a statement in writing within 127 days after the filing of the complaint setting forth good cause for why service has not heen made; or 2. As to a particular defendant, where service has been made upon that defendant and neither an answer nor a request for other action has been filed as to that defendant within 30 days after the date the answer was due; or 3. Where a default has been entered and a motion for entry of judgment by default in accordance with Federal Rule of Civil Procedure 55 has not been made within 30 days after the entry of default (an action will not be dismissed pursuant to this subsection if the plaintiff advises the Clerk of Court that further court action is necessary before a default judgment can be 5011gbt); or 4. Where a deadline set for the performance of any act required by the Federal Rules of Civil Procedure, the Local Rilles, or an order of the cow1 has been exceeded by more than 30 days and an extCDSion of time has been neither requested nor granted. c. Dismissal of Settled Cases. The Clcrlc of Court may, for internal statistical purposes, immediately close a case upon being advised by one or more of the parties that the action has been settled. Within 30 days after advising the court that an action has been settled, the parties must file such papers as are required to terminate the action. If the parties fail to do so, the Clerk of Court may, after giving the parties the notice prescribed in section (d) of this rule, enter an order dismissing the action with prejudice. Either party may seek reinstatement ofa case dismissed under this section within 60 days after the date of the dismissal order by serving and filing a motion to reinstate the case. The motion must show good cause as to why the sctt\ement was not consummated. This paragraph does not diminish any obligation of a party to perfonn Wlder an otherwise enforceable settlement agreement. d. Notification by Clerk of Court. At least 14 days before dismissing a case pursuant to section (b) or (c) of this rule, the Clerk of Court will mail or electronically transmit a notice and a copy of this rule to all counsel of record and any pro se parties. The notice will state that the case will be dismissed unless, by the deadline specified in the notice:, either the required action is taken or good cause is sbown for not dismissing the case. This rule does not restrict the authority of a federal judge to dismiss a case, with or without prejudice, for good cause. Good cause could include the failure of a party to comply with the Federal Rules of Civil Procedure:, the Local Rules, or an order of the court. I FORM A UNITED STATES DISTRICT COURT NORTIIERN DISTRlCT,OF IOWA ELECTRONIC CASE F1LING SYSTEM ATTORNEY REGISTRATION FORM PLEASE TYPE Thi.1bnn shall be used 10 repter for 1CCOUlIl. on the court'. CAsEMANAOIlMENT/ELECrRONIcFIW (CM/ECF) systemS in the UnltedSlllI<:I District Court forlbe Nonhem DistrictofloWL Regllterod auomeys sndotberparticipants will have privileges both to eleclrooicallysubmitdocumenta andtoview andn:trievt: electronic docket sheets an<! dOCUlllCllts.. available fore.... assigned to the CMIECF systems. The fOllowing infonnation is required for regialration: FirstlMiddlclLast Name: Last Four Digits of Social Security Number: Finn Name: Finn Address: Voice Phone Number: FAX Phone Number: Intcrncl E-Mail Address: Additional B-Mail Addreas: DOllS your E-mail Software .upport HTML DlCS5IIjlos? Yes_ No Do you c:wrently have a login for CMlECF for the Northem District oflowa Bankruptcy Court? Y cs_ No_ If you c:urrendy have a login and wish 10 .... the .ame Jogin icI in the di.trict court:, pi.... list the login here: . NOTE: Only the IDgin wiD be rcmsin the aame. You will be issued a new puswcnl with your diatrict court login. By submitting tbiJ registration form, the undersigned lIl!l'Cesto abide by the fOllowin!: rules: 1. The systems are for use only in cases designated by the U.s. Courts fOrthe Northern District of Iowa. The .ystems may be used 10 tile and view electronic documents, docket .heets and DOtice.. 2. Each attorney desirinR to file oleadinp.. or other Dupers electrooicallv must comolete and f;ii'lTlsn Attorney Retdstration fllm!, An attomey/participant'.pas.word issued by the court,comhincd with the user'. iclentilication (login), serves as and COIlJtilUtes the attomcy/perticipant'l signature. Therefore, an auomeylparticipant mwt protect and leeun: the password issued by the court. Jrthere is any cellOn 10 ....pect the paasword baa been compromised in any way, .uch IS resignation or reassignment of the person with authority to use thc password, it is the duty and ce.ponsiblllty of the attorney/participant 10 notiJy the court immediately. The courl willlmmediatcly delete the paslword from the c1cclronic filing lyltem and issue & new password~ 3. Purluant to Federal Rule of Civil Procedure II, every pleading, motion and other paper.hai1 be signed by at Iea.t one atlomey of record or, if the party i. not represented by an 1It0mey, all papero ohaIl be siBDed by the party. The electronic filinG ofa petitiolJ, p1eadiDs, motion, or other paper by an attornoy who is a registered participant in the Electronic Filing System lhall constilUlethe signature of that 1lI0mey under Federal Rule of Civil Procedure 11. 4. Resi-tion .. a Filing U.... conSlitutes: (I) COl\SOllt to ....ive notice electronically and waiver of the right to receive notice by first class mail pursuant to Federal Rule of Civil Procedure S(b)(2)(D); (2) consent to elec1rOllic service and waivcroftbc right to .crvice by personal service or fintcl... mail puralW1t toFedoral Rule of Civil Procedure S(b)(2)(D) except with rcgud to acrvice of a IUIIIDIODI and complaint Walver of service and notice by first class mail applies to noticc oflbe entry of any order or judgment. S. A user acce&seS court information via the COw1's Intcme! site or through the Public Access to Court Electronic Records ("PACER") Service Center. Although the cnw1managcs the procedurca for elec1rOllic filing, all c1cclroDic public access to.... me documents occurs through PACER. A PACER login is required in addition to the password issued by the court. To rcgistao for PACER. a user must complctc the online form or submit a rcgisttation fonn, available on the PACER web site fhttD:/lnacer.nsc.uscourt:J.Q'OV) 6. By Ibis registration, the undersiplCd _es to abide by all of the rules and reJUlations in the most recent Administrative Order,Admini.J_Proc<duresfor Filing, SIgning.IJIId Yoriffing Pleadings andPapen by Electronic Momu currently in effect and any changes or additions thal may be made to such Administrative Procedures in the future, Pi.... return to: U.s. Courts Northern District oflawa Attn: ECF Attorney Registration P.O, Box 74710 Cedes Rapids, lA S2407 Date AttomeyJParticipam Signamre Your login and password will be sent to you by the Office oflbe C1erk by recuJar, first-class mail. If you prefer 10 have your login/password sent 10 an address other than the one lisled On the first pagc of this fonD, plOl$C write the address in the space provided below: Finn Address: COURT USE ONLY, Logla Asllgned PualI'ord Aulgned Issuer . . Date test emallle1\t Date reply relllmed Date logID Hnt to lIS" Date Scanned 2 FlLEO "s. OISTlOCrCOOllT CEOAA IW'tOS HOOlRS ~ .~ OISTR:CT or~JC.Wjf ~ THE UNITED STATES DISTRICT COURT JUN 102004 NORTHERN DISTRICT OF IOWA RECElrED JUN . ~ 4l00~ !)y:..............._._- . Oi!!lVIY No. 04-AO'()()o~-P !NRE AtrrOMATIC SANCTIONS FOR FAILURE TO FILE DOCUMENTS ELECTRONICALLY .JMINISTRATIVE ORDER In =rdauce wilb Local Rules .s.l(d) and .s .3; Local CrimlnaI Rule 55.2; and the district's Electrollic Case Filing system Procedures Manual (Administrative Order 04-AO-OOOI-P, "Procedures for ElectrOnically Serving, Filing, Imaging and j I Accessing Documents in the United States District Coort for the Nortbem District of ; 10waW), with few exceptions, every document submitted to the Clerk of Court for f1liDg in j ! a civil or criminal case pending in the district is required to be filed electronically using the : district's Electronic Case Filing (ECF) system. Despite this requirement, some attorneys "()I1tim1e to submit paper documents for filing that are required by the rules or the . Procedures Manual to be filed electroD/cally. ! i THEREFORE, 11' IS HEREBY ORDERED, beginning October I, 2004. the'Clerk ! of Court is authorized, without further order of this court, to enter orders requiring attorneys i to pay sanctions of $25.00 for each document submitted to the Clerk for filing in paper form I when the filing of the document other than electronically either is not authorized by one of i the exceptions to electronic filing in the rules or Procedures Manual, or bas not been ! authorized by the Clerk or by a previously-entered order of the court. . The Clerk of Court is directed to place a copy of this order in the Public Adminislrative Orders binder. The Clerk also is directed to do the following; (I) mall or deliver a copy of this order immedlalely to all altorneys who, from and after the dalC of this . order, improporly submit documents to the Clerk for filing other than electronically; 04 - AO-6003-f (2) mail or deliver, by July I, 2004, a copy of this order to all attorneys who are admitted . to practice before Ibis court, either as inembers of the bar of the district or pro hoc via in a pending case, who are not regisrered in the district's ECF S)'SleJD; and (3) provide a copy of Ibis order to all attorneys newly admitted to practice before this coun. eitber as I member of the bar or pro hac vice, on or after the date of Ibis order. y..1j DONE AND ORDERED this 1/1 day of June, 2004. M4AtJ.~~ Marie W. Bennett, 0Uef U.S. District Judge UNITED STATES DISTRICT COURT 1 it~lt!;iT~,':, '.~r;lIll:lr~~:=,~~:~~~~e:~~~,~" VDlted States District Court Northern District of Iowa Credit Card Authorization Form INSTRUCTIONS: Please type or print. Mail completed and signed form to: ' U.S. District Cour~ Financial Department, P. O. Bo. 74710, Cedar Rapids, IA 52407-4710. Firm 1 Company: Phone number: Credit Card Type: VISA MasterCard Discover American Express Card Holder Name: Credit Card Number: Expiration Date: __1__ (MMlYY) SecurityCode: ____ Credit Card Statement Mailing Address: (Please list the address to which your slatemeDts are sent) (Street address or P.O. 80"-) ,__ Zip:_____ (City, State & Zip) I acknowledge that the above information is accurate and that I am an authorized signer on the account. I hereby authorize the United States District Court for the Northem District of/owa to charge to the above credit card account any and all court imposed fees, including but not limited to; filing fees, pro hac vice fees, attorney admission fees and special assessments. Date: Signature Print Name This form, which will be kept on file in the Clerk"s Office. shall remain in effect until specifically revoked in writing. It is the responsibility of the attorncyffirm named above to notify the Clerk's Office of the new expiration date when a credit card has been renewed, or if a card has been canceled or revoked. JAMES O. HODGES. JR. CLERK UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF IOWA CEDAR RAPIDS, IOWA 52407-4710 P.O. BOX 74710 311.2B6.2300 VISIT OUR WEB PAGE The Northern District oflowa has developed a website which can be viewed at http://www.iand.uscourts.gov. The best results for viewing the site will be achieved if a current version of Netscape (4.5), Internet Explorer (5.0) or AOL (4.0) is used. Further, when printing pages from the site it is best to print text in black, if your browser allows. The following portions of the web site may be of special interest to counsel with cases pending: 1. Under "Judges Information" the Judges ha:ve outlined the procedures they follow and expect counsel to follow in cases pending before them. In addition.they 'have attempted to answer many commonly asked questions relating to practice before them and standard pretrial orders are available to download. 2. The "DecisionlO,pinion" section provides timely access to many reported and unreported opinions. Likewise, the "Jury Instructions" section provides access to many jury instructions. Both sections are organized by judge, category of opinion and date tiled and a general search engine is available. 3. The "Download" and "Forms" sections provide access to and the ability to download standard orders, commonly used forms and jury instructions as well as the Local Rules. 4. The "General Information" section allows you to access telephone numbers, fee schedules, and other useful information. A search engine is provided for your convenience with this page. 5. The "Links" provides quick access to other cites which may contain useful information ranging from weather to legal research. 6. Pictures of all courtrooms and tours of the high tech courtrooms in Sioux City are available on the home page. Please feel free to browse the site at your leisure. If you have comments or suggestions as to how the site or any page might be improved please feel free to contact the Clerk.