Michael McShane

📧 from McShane: "straddle the line"

The Court is unable to give you legal advice. Many of your questions seek legal advice, while others straddle the line between purely administrative questions and legal advice.

That said, the district has a dedicated portion of its website dedicated to providing information to parties representing themselves. You can find that information at: https://www.ord.uscourts.gov/index.php/representing-yourself

Additionally, on that webpage, there is a Handbook for Self-Represented parties. I’ve attached the handbook to this email for your convenience.

Hopefully that handbook will answer all of your questions. On page 16, the handbook provides information for service. Several sections on that page appear relevant to some of your questions. For example:

Serving the Complaint The plaintiff is responsible for making sure that the summons and complaint are served on the defendant(s) within 90 days of filing of the complaint. This is called "service of process," and it is the method used to notify the defendant that a lawsuit is pending. Detailed instructions about how to serve a summons and complaint can be found in Federal Rule of Civil Procedure 4. If these instructions are not followed correctly, the case can be dismissed for failure to comply with Federal Rule of Civil Procedure 4.

Additionally:

What if I Filed In Forma Pauperis? If your Application to Proceed In Forma Pauperis is approved, the Court will issue the summons and forward it to the United States Marshal to serve on the defendants at no cost to you. However, first the Court will provide the necessary forms (one per defendant) to you, and you must complete the forms and return them to the Court. The Court will then provide the U.S. Marshal with the form you completed, and the U.S. Marshal will serve the defendant for you.

Tip: You are responsible for providing valid address information about where service can be made on each defendant. If the defendant is a business, you may be able find information about where service is accepted (sometimes called a "registered agent" or "agent for service") through the secretary of state in the state where the business is registered.

📧 to McShane: "email is correspondence, not conferral"

The attached email is correspondence, not conferral. LR 7-1(a)(1)(A) requires a personal or telephone conference; an email exchange doesn't substitute for one, however it's characterized. I offered three specific call times on September 13; none has been accepted. Plaintiff renews its opposition

📧 from White: "My ability to prove a prior conversation"

Attached is a copy of my earlier email today with Mr. Isaac discussing my desire to have conferral by email rather than phone or in person. My ability to prove a prior conversation this way is the reason I want to limit conversations to email.

📧 to McShane: "No good cause is shown"

Plaintiff opposes Ms. White's request to require all party conferrals to be conducted by email. No good cause is shown. Ms. White's stated reason — wanting an "accurate record" of conversations — identifies no specific incident from this case's phone or personal conferrals that

📧 from White: "I want to be sure any conversations... be accurately recorded"

Thank you for your response. I am sorry to trouble you with an additional matter, which I am happy to file as a motion if that would be better. I am requesting the Court to allow conferrals between the parties by email, rather than by personal or telephone contact. Plaintiff

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📧 to McShane: "email is correspondence, not conferral"

📧 from White: "My ability to prove a prior conversation"

📧 to McShane: "No good cause is shown"

📧 from White: "I want to be sure any conversations... be accurately recorded"