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Advisory Committee on Civil Rules ADVISORY COMMITTEE ON CIVIL RULES Durham, North Carolina March 16-17, 1998 AGENDA Advisory Committee on Civil Rules March 16-17, 1998 1. Opening Remarks of the Chair A. Report on Mass Torts Working Group B. Docket sheet of completed and pending items for committee consideration C. Status of legislation pending in Congress affecting rules 2. Approval of Minutes of October 6-7, 1997 Meeting 3. Report of Discovery Subcommittee (forwarded in separate mailing) 4. Standing Committee Project on Rules Governing Attorney Conduct 5. Proposed Amendments to Rules 4 and 12 for "Bivens" Actions Against Federal Employees 6. Repealing Copyright Rules of Practice and Conforming Amendments to Rules 65 and 81 7. Accepting Public Comments on Proposed Rules Amendments by Electronic Mail on the Internet 8. Procedures for Updating Appendix of Forms 9. Proposal to Have a Uniform Effective Date for Local Rules 10. Miscellaneous Proposals for Rule Changes A. Amendment of Rule 65.1 B. Amendment of Rule 51 C. Report on Rule 44 11. Next Meeting - ----- ADVISORY COMMITTEE ON CIVIL RULES Chair: Honorable Paul V. Niemeyer Area Code 410 United States Circuit Judge 962-4210 United States Courthouse 101 West Lombard Street, Suite 910 FAX-410-962-2277 Baltimore, Maryland 21201 Members: Honorable Anthony J. Scirica Area Code 215 United States Circuit Judge 597-2399 22614 United States Courthouse Independence Mall West, 601 Market Street FAX-215-597-7373 Philadelphia, Pennsylvania 19106 Honorable David S. Doty Area Code 612 United States District Judge 664-5060 United States Courthouse 300 South 4th Street, Suite 14W FAX-612-664-5067 Minneapolis, Minnesota 55415 Honorable C. Roger Vinson Area Code 904 Chief Judge, United States District Court 435-8444 United States Courthouse 100 North Palafox Street FAX-904-435-8489 Pensacola, Florida 32501 Honorable David F. Levi Area Code 916 United States District Judge 498-5725 2504 United States Courthouse 650 Capitol Mall FAX-916-498-5464 Sacramento, California 95814 Honorable Lee H. Rosenthal Area Code 713 United States District Judge 250-5980 11535 Bob Casey United States Courthouse 515 Rusk Avenue FAX-713-250-5213 Houston, Texas 77002 February 26, 1998 Doc. No 1651 ADVISORY COMMITTEE ON CIVIL RULES (CONTD.) Honorable John L. Carroll Area Code 334 United States Magistrate Judge 223-7540 United States District Court Post Office Box 430 FAX-334-223-7114 Montgomery, Alabama 36101 Honorable Christine M. Durham Area Code 801 Justice of the Utah Supreme Court 538-1044 332 State Capitol Salt Lake City, Utah 84114 FAX-801-538-1020 Professor Thomas D. Rowe, Jr. Area Code 310 RAND Institute for Civil Justice 393-0411 P.O. Box 2138 (Ask for ICJ) Santa Monica, California 90407-2138 FAX-310-451-6979 Mark 0. Kasanin, Esquire Area Code 415 McCutchen, Doyle, Brown & Enersen 393-2144 Three Embarcadero Center San Francisco, California 94111 FAX-415-393-2286 Francis H. Fox, Esquire Area Code 617 Bingham Dana LLP 951-8000 150 Federal Street Boston, Massachusetts 02110 FAX-617-951-8736 Phillip A. Wittmann, Esquire Area Code 504 Stone, Pigman, Walther, 581-3200 Wittmann & Hutchinson 546 Carondelet Street FAX-504-581-3361 New Orleans, Louisiana 70130-3588 Sheila L. Birnbaum, Esquire Area Code 212 Skadden, Arps, Slate, Maegher & Flom LLP 735-2450 919 Third Avenue New York, New York 10022-3897 FAX-212-735-2000 Assistant Attorney General Area Code 202 Civil Division (ex officio) 514-3301 Honorable Frank W. Hunger U.S. Department of Justice, Room 3143 FAX-202-514-8071 Washington, D.C. 20530 February 26, 1998 Doc No. 1651 ADVISORY COMMITTEE ON CIVIL RULES (C ONTD.) Liaison Members: Area Code 504 Honorable Adrian G. Duplantier 589-7535 United States District Court United States Courthouse FAX-504-589- 4 4 7 9 500 Camp Street New Orleans, Louisiana 70130 Area Code 212 Sol Schreiber, Esquire 594-5300 Milberg, Weiss, Bershad, Hynes & Lerach One Pennsylvania Plaza, 49th Floor FAX-212-868-1 2 2 9 New York, New York 10119-0165 Reporter: Area Code 313 Professor Edward H. Cooper 764-4347 University of Michigan Law School 312 Hutchins Hall FAX-313-763-9375 Ann Arbor, Michigan 48109-1215 Secretary: Area Code 202 Peter G. McCabe 273-1820 Secretary, Committee on Rules of Practice and Procedure FAX-202-273-18 2 6 Washington, D.C. 20544 February 26, 1998 Doc No. 1651 SUBCOMMITTEES ADVISORY COMMITTEE ON CIVIL RULES on the Rand Study of Subcommittee on Admiralty Rules Subcommittee Mark 0. Kasanin, Esquire, Chair CJRA Christine M. Durham, Chair Judge C. Roger Vinson Justice Frank W. Hunger Professor Thomas D. Rowe Honorable Professor Thomas D. Rowe on Technology Subcommittee on Agenda and Policy Subcommittee John L. Carroll, Chair Judge Anthony J. Scirica, Chair Judge Lee H. Rosenthal Judge David F. Levi Judge Thomas D. Rowe Phillip A. Wittmann, Esquire Professor on Mass Torts Subcommittee on Discovery Subcommittee Anthony J. Scirica, Chair Judge David F. Levi, Chair Judge Lee H. Rosenthal Judge Lee H. Rosenthal Judge L. Birnbaum, Esq. Judge David S. Doty Sheila Francis H. Fox, Esquire Mark 0. Kasanin, Esquire February 26, 1998 Doc. No 3811 JUDICIAL CONFERENCE RULES COMMITTEES Reporters Chairs Prof. Daniel R. Coquillette Honorable Alicemarie H. Stotler Boston College Law School United States District Judge 885 Centre Street 751 West Santa Ana Boulevard Newton Centre, MA 02159 Santa Ana, California 92701 Area Code 6 17-552-8650,4393 Area Code 714-836-2055 FAX-617-57 6-1 9 3 3 FAX 714-836-2062 Patrick J. Schiltz Honorable Will L. Garwood Associate Professor United States Circuit Judge University of Notre Dame 903 San Jacinto Boulevard Law School Suite 300 Notre Dame, Indiana 46556 Austin, Texas 78701 Area Code 219-631-8654 Area Code 512-916-5113 FAX-219-631-4197 FAX 512-916-5488 Professor Alan N. Resnick Honorable Adrian G. Duplantier Hofstra University United States District Judge School of Law United States Courthouse 121 Hofstra University 500 Camp Street Hempstead, NY 11549-1210 New Orleans, Louisiana 70130 Area Code 516-463-5872 Area Code 504-589-7535 FAX-516-481-8509 FAX 504-589-4479 Professor Edward H. Cooper Honorable Paul V. Niemeyer University of Michigan United States Circuit Judge Law School United States Courthouse 312 Hutchins Hall 101 West Lombard Street Ann Arbor, MI 48109-1215 Baltimore, Maryland 21201 Area Code 313-764-4347 Area Code 410-962-4210 FAX 313-763-9375 FAX 410-962-2277 Prof. David A. Schlueter Honorable W. Eugene Davis St. Mary's University United States Circuit Judge School of Law 556 Jefferson Street, Suite 300 One Camino Santa Maria Lafayette, Louisiana 70501 San Antonio, Texas 78228-8602 Area Code 318-262-6664 Area Code 210-431-2212 318-262-6685 FAX FAX 210-436-3717 February 26, 1998 DOC. No 1651 CHAIRS AND REPORTERS (CONID.) Chairs Reporters Daniel J. Capra Honorable Fern M. Smith Professor University United States District Judge Fordham of Law United States District Court School West 62nd Street P.O. Box 36060 140 York, New York 10023 450 Golden Gate Avenue New Area Code 212-636-6855 San Francisco, California 94102 212-636-6899 Area Code 415-522-4120 FAX FAX 415-522-4126 February 26, 1998 Doc. No 1651 wI AGENDA DOCKET PENDING FURTHER ACTION ADVISORY COMMITTEE ON CIVIL RULES Status Proposal Source, Date, and Doc # at 4/95 - To be reviewed with additional information [Copyright Rules of Practice] - Inquiry from West upcoming meetings Update Publishing 11/95 - Considered by crnte 10/96 - Considered by cmte 10/97 - Deferred until spring '98 meeting PENDING FURTHER ACTION the 4/95 - Delayed for further consideration [Admiralty Rule B, C, and El - Agenda book for 11/95 - Draft presented to cmte Amend to conform to Rule C governing 11/95 meeting 4/96 - Considered by cmte attachment in support of an in personam 10/96 - Considered by committee, assigned to subc action 5/97- Considered by cmte review 10/97 - Request for publication and accelerated by ST Cmte 1/98 - Stg. Com. approves publication at regularly scheduled time PENDING FURTHER ACTION 12/24/96- Referred to Admiralty and Agenda Subc [Admiralty Rule-New]- Authorize Mag. Judge Roberts PENDING FURTHER ACTION immediate posting of preemptive bond to 9/30/96 (96-CV-D) |prevent vessel seizure #1450 2/4 - Referred to reporter and chair [Inconsistent Statute]-46 U.S.C. § Michael Cohen PENDING FURTHER ACTION 786 inconsistent with admiralty 1/14/97 (97-CV-A) #2182 10/97 - Referred to reporter, chair, and Agenda Subc [Non-applicable Statute]- 46 U.S.C. § Michael Marks PENDING FURTHER ACTION 767 Death on the High Seas Act not Cohen 9/17/97 applicable to any navigable waters in the (97-CV-O) Panama Canal Zone 1/98 - Referred to reporter, chair, and Agenda Subc [Admiralty Rule C(4) - Amend to Gregory B. Walters, PENDING FURTHER ACTION satisfy constitutional concerns regarding Cir. Exec., for Jud. Cir. default in actions in rem Council of Ninth 12/4/97 (97-CV-V) 12/97 - Referred to reporter, chair, and Agenda Subc [CV4(d)] -To clarify the rule John J. McCarthy 11/21/97 (97-CV-R) PENDING FURTHER ACTION Agenda Subc 10/96 (96-CV- 10/96 - Referred to Reporter, Chair, and ICV4(i)] -Service on government in DOJ 5/97 - Discussed in reporter's memo. Bivens suits B; #1559) PENDING FURTHER ACTION 10/97 - Referred to Reporter, Chair, and Agenda Subc [CV41 - To provide sanction against the Judge Joan PENDING FURTHER ACTION willful evasion of service Humphrey Lefkow 8/12/97 (97-CV-K) Page I Adv.sory Conn.niee on Cil Ru es Februauy26, 1998 Doc No 4101 | Source, Date, Status Proposal I and Doc # Michael Kunz, clerk 4/95 - Declined to act [CV51 - Service by electronic means or 10/96 - Reconsidered, submitted to Technology carrier; fax noticing E.D.
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