ALN Rule Set Update Details July 11, 2017 FEDERAL USBC, ... Discovery—Interrogatories Served by...

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Page 1 of 16 ALN Rule Set Update Details July 11, 2017 INTELLECTUAL PROPERTY Trademark Rules (TM)Updates Effective 7-8-17 Text Removed: 2.146(i)(1) 2.146(i)(2) Text Added: 2.64(a)(1) 2.64(b)(1) 2.66(d) Text Updated: 2.66(a) 2.66(c) 2.66(f)2.66(e)(1) 2.146(a)-(b) 2.146(d) 2.146(e)(1) 2.146(e)(2) 2.146(j)2.146(i)(1) Triggers Removed: Affidavit of Use or Excusable Nonuse Filed Application to Renew Registration Filed Office Records Updated to Show Cancellation or Expiration of Registration Triggers Affected: Abandonment of Application Discovered Abandonment of Application Due to Office Error Discovered Abandonment of Application for Failure to Respond to Office Action or Notice of Allowance Discovered Abandonment of Application for Failure to Respond to Office Action or Notice of Allowance Indicated on Trademark Electronic Records System Abandonment of Application Indicated on Trademark Electronic Records System Abandonment of Application Indicated on Trademark Electronic Records System Due to Office Error Cancellation or Expiration of Registration Discovered Cancellation or Expiration of Registration Due to Office Error Discovered Cancellation or Expiration of Registration Indicated on Trademark Electronic Records System

Transcript of ALN Rule Set Update Details July 11, 2017 FEDERAL USBC, ... Discovery—Interrogatories Served by...

Page 1 of 16

ALN Rule Set Update Details July 11, 2017

INTELLECTUAL PROPERTY

Trademark Rules (TM)—Updates Effective 7-8-17

Text Removed:

2.146(i)(1)

2.146(i)(2)

Text Added:

2.64(a)(1)

2.64(b)(1)

2.66(d)

Text Updated:

2.66(a)

2.66(c)

2.66(f)2.66(e)(1)

2.146(a)-(b)

2.146(d)

2.146(e)(1)

2.146(e)(2)

2.146(j)2.146(i)(1)

Triggers Removed:

Affidavit of Use or Excusable Nonuse Filed

Application to Renew Registration Filed

Office Records Updated to Show Cancellation or Expiration of Registration

Triggers Affected:

Abandonment of Application Discovered

Abandonment of Application Due to Office Error Discovered

Abandonment of Application for Failure to Respond to Office Action or Notice of Allowance Discovered

Abandonment of Application for Failure to Respond to Office Action or Notice of Allowance Indicated on

Trademark Electronic Records System

Abandonment of Application Indicated on Trademark Electronic Records System

Abandonment of Application Indicated on Trademark Electronic Records System Due to Office Error

Cancellation or Expiration of Registration Discovered

Cancellation or Expiration of Registration Due to Office Error Discovered

Cancellation or Expiration of Registration Indicated on Trademark Electronic Records System

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Cancellation or Expiration of Registration Indicated on Trademark Electronic Records System Due to Office

Error

Denial of Certification of International Application Discovered

Denial of Certification of International Application Indicated on Trademark Electronic Records System

Denial of Petition to Director Discovered

Denial of Petition to Director Issued

Denial of Petition to Revive Abandoned Application Due to Unintentional Delay Discovered

Denial of Petition to Revive Abandoned Application Due to Unintentional Delay Issued

Filing Leading to Request for Relief Received

Notice of Abandonment of Application for Failure to Respond to Office Action or Notice of Allowance Issued

Notice of Abandonment of Application Issued Due to Office Error

Notice of Cancellation or Expiration of Registration Issued Due to Office Error

Office Action Issued

Office Final Action Issued

Trademark Application Filed

FEDERAL PROCEDURE

Federal Rules of Civil Procedure (FRCP)—Not Based on Rules Updated

Changes made in all U.S. District Courts, excluding CACD and judges, CAND and judges, CASD and judges,

ILND and judges, NYED and judges, and NYSD and judges, to account for deposition notices accompanied by

an FRCP 34 request for production. Changes will be made in remaining rule sets for the August 1 rules release.

Text Added:

30(b)(2)

Triggers Affected:

Discovery—Deposition Date per Notice Accompanied by Request for Production

ALABAMA

STATE

Alabama Rules of Civil Procedure (ALRCP)—Updates Effective 7-6-17

Relevant changes made in all Circuit Courts and District Court as well.

Text Updated:

64A

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CALIFORNIA

FEDERAL

USBC, Northern District of California (CANBCT)—Updates Effective April 2017

Text Updated:

CANB Ch. 13 Calendar Proc. Para 4CANB Ch. 13 Cal Proc (Basic Steps)

CANB Ch. 13 Calendar Proc. Para 7, 10CANB Ch. 13 Cal Proc (Ch.13 Contest. Matter Cal) and CANB Ch.

13 Cal Proc (Proc. Contest. Mat. Cal)

CANB Ch. 13 Calendar Proc. Para 13CANB Ch. 13 Cal Proc (Pre-Con Dismissal Cal Par 3)

CANB Ch. 13 Calendar Proc. Para 14CANB Ch. 13 Cal Proc (Pre-Con Dismissal Cal Par 4)

CANB Ch. 13 Calendar Proc. Para 15CANB Ch. 13 Cal Proc (Post-Con Dismissal Cal)

Triggers Affected:

Creditors' § 341 Meeting, First Date Set

Hearing on Contested Matter in Ch. 13 Case

Hearing on Motion to Dismiss or Convert Case

USDC, Central District of California, Hon. Consuelo B. Marshall (CBM)—Updates Effective July 2017

Text Updated:

JPS MCC

USDC, Central District of California, Hon. Otis D. Wright II (CAODW)—Updates Effective 6-28-17 and

July 2017

Text Updated:

JPS LMS VII(C)

SCMO-C 4 [Deadline changed from 3PM next court day to next court day]

SCMO-C 7(e)

SCMO-J 4 [Deadline changed from 3PM next court day to next court day]

Triggers Affected:

Notice of Removal Filed

Pleading—Complaint Filed

USDC, Northern District of California, Mag. Susan van Keulen (CASVK)—Updates Effective 7-5-17

Text Added:

CSDSO (Privilege Logs)

Text Updated:

CPSO III

CSDSO (Discovery)

SCSO (SCS)

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Triggers Removed:

Discovery—Interrogatories Served

Discovery—Request for Admissions Served

Discovery—Request for Production or Inspection Served

Triggers Affected:

Discovery—Interrogatories Served by Mail, to Clerk, or to Designated Agency

Discovery—Interrogatories Served Personally or Electronically

Discovery—Request for Admissions Served by Mail, to Clerk, or to Designated Agency

Discovery—Request for Admissions Served Personally or Electronically

Discovery—Request for Production or Inspection Served by Mail, to Clerk, or to Designated Agency

Discovery—Request for Production or Inspection Served Personally or Electronically

USDC, Southern District of California, Mag. Ruben B. Brooks (CARBB)—Updates Effective 6-29-17

Text Added:

CR Civil Motions

Triggers Affected:

Motion Hearing Date Obtained

STATE

California Division of Labor Standards Enforcement (CADLSE)—Updates Effective 6-27-17

Text Updated:

98.7(b)

98.7(c) [Deadline changed from 10 court days to 30 calendar days]

98.7(d)

98.7(e) [Deadline for Labor Commissioner to provide notice of determination changed from 60

days to 1 year]

Triggers Removed:

Notice of Determination of No Unlawful Discharge or Discrimination Violation

Triggers Affected:

Notice of Determination of Unlawful Discharge or Discrimination Violation

Pleading—Complaint re Unlawful Discharge or Discrimination Violation Filed

California Superior Court (CASCUD/CASCLD)—Not Based on Rules Updated

Changes made to all California Superior Courts to eliminate duplicate response event and to eliminate

inapplicable service options for certain documents.

Text Updated:

CRC 3.1600(a)CRC 3.1600(a); CCP 659a

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Triggers Removed:

Brief Supporting Motion for New Trial Served

Triggers Affected:

Hearing on Claim of Exemption After Levy Under CCP §703.510, et seq.

Memorandum and/or Brief in Support of Motion for New Trial Filed and Served triggers

California Superior Court, Amador County (CAAMSC/LDCAAM)—Updates Effective 7-1-17

Text Added:

5.00(C)

11.02 [Not based on rules updated]

11.07

11.16 [Not based on rules updated]

11.22 [Not based on rules updated]

11.30

Text Updated:

4.03(A)-(B)

5.01(C)(1)

7.01

8.05(A)

8.05(B)

8.10

9.01

9.02

9.03

9.05

11.15(A)-(B)

11.20

11.23

Triggers Affected:

Conference triggers

Hearing triggers

Notice of Return Check Mailed

Pleading—Acknowledgment of Receipt of Summons Executed

Pleading—Complaint Filed

Pleading—Complaint Received

Pleading—First Day Summons Published in Newspaper

Pleading—Summons and Complaint Mailed After Substituted Service or Mailed to Person Outside CA

Pleading—Summons and Complaint Served Personally

Trial triggers

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California Superior Court, Butte County (CABUSC/LDCABU)—Updates Effective 7-1-17

Text Added:

6.14

21.3

Triggers Affected:

Notice to Party in Receipt of Waiver of Court Fees/Costs to Satisfy Statutory Lien on Dispute Resolution

Proceeds of $10,000 or More

Pleading—Complaint Filed

Pleading—Complaint Received

California Superior Court, Fresno County (CAFRSC/LDCAFR/CAPRFR)—Updates Effective 7-1-17

Text Updated:

2.1.17(A)(1)

2.5.1(C)

2.5.1(D)

2.5.1(E)

2.5.4(A)

2.5.6(A)

2.6.2(A)

2.11.2(A)2.11.2(B)

2.11.2(C)2.11.2(D)

4.1.13(B)

4.1.13(C)

Triggers Affected:

Conference—Mandatory Settlement Conference

Petition to Cancel Mandatory Settlement Conference Served

Request for Pretrial Discovery Conference Served

Request to Change Date or Other Special Request re Settlement Conference Received

Trial triggers

California Superior Court, Fresno County, Probate Division (CAPRFR)—Updates Effective 7-1-17

Text Added:

7.22(A)

Triggers Affected:

Order Appointing Personal Representative

California Superior Court, Humboldt County (CAHUSC/LDCAHU)—Updates Effective 7-1-17

Text Removed:

2.9(b)

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Text Added:

2.9(a)

2.9(d)(2)

2.9(d)(3)

2.9(d)(4)

2.9(d)(5)

2.11

Text Updated:

1.13

2.6 JT Conference2.6(c)

2.6(a)

2.6(b)

2.6(c)2.6(d)

2.8.4(a)

Triggers Affected:

Hearing on Ex Parte Application

Pleading—Answer Filed

Pleading—Complaint Filed

California Superior Court, Los Angeles County (CALAIC/LDCALA/LDCALO)—Updates Effective 7-1-

17

Changes made in all other Los Angeles Superior Courts.

Text Updated:

2.3(a)(1)(E)

California Superior Court, Marin County (CAMRSC/LDCAMR/CAPRMR)—Updates Effective 7-1-17

Text Updated:

1.13(H)

California Superior Court, Merced County (CAMCSC/LDCAMC)—Updates Effective 7-1-17

Text Added:

1(K)(5)

1.9(C)

1.9(E)

11

Triggers Affected:

Conference—Case Management Conference or Review

Conference—Initial Case Management Conference or Review

Conference—Mandatory Settlement Conference

Hearing Triggers

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Trial Triggers

California Superior Court, Monterey County (CAMOSC/LDCAMT)—Updates Effective 7-1-17

Text Removed:

1.06(C)

12.07

Text Added:

19.02(B)

Text Updated:

6.15(A)

7.11

15.0415.03(A)

15.05

15.06

17.07 [Deadline changed from 48 hours to 2 court days]

19.07(B)(5) 19.07(B)(6)

Triggers Affected:

Hearing—Judgment Debtor Examination

Pleading—Complaint Filed

Pleading—Complaint Received

Unlawful Detainer—Request to Set Case for Trial Filed

California Superior Court, San Joaquin County (CASJSC/LDCASJ/CAPRSJ)—Updates Effective 7-1-17

Text Updated:

3-102(A)(3)

3-102(A)(5)

3-113(D)

3-121(B)

California Superior Court, San Luis Obispo County (CASLSC/LDCASL)—Updates Effective 7-1-17

Text Removed:

7.17(b)

Triggers Affected:

Hearing triggers

Superior Court of California, County of Santa Cruz (CACRSC/LDCASR)—Updates Effective 7-1-17

Text Added:

2.4.01(b)

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2.9.01(a)

2.9.01(b)

Text Updated:

1.2.02

1.3.01(b)2.8.01(b)

2.1.03(a)

2.2.02(c) [Deadline changed from time of master calendar call to noon on day of

trial calendar call/master calendar]

2.2.02(e) [Deadline changed from noon on day of trial to noon on day of trial

calendar call/master calendar]

2.2.06

2.2.07(b)(1)

2.3.01

2.4.07(1)2.4.07(a)

2.4.07(2)2.4.07(b)

2.4.07(3)(a)2.4.07(c)(1)

2.4.07(3)(b)2.4.07(c)(2)

2.4.07(4)2.4.07(d)

2.4.07(5)2.4.07(e)

2.7.03

2.7.05(d)1.3.01(d)

7.1.02(c)

7.1.02(e)

Triggers Affected:

Conference—Case Management Conference triggers

Hearing triggers

Motion Filed and Served

Order Denying Motion to Strike Entered in Unlawful Detainer Case

Order Granting Motion to Strike Without Leave to Amend Entered in Unlawful Detainer Case

Trial triggers

Trial Calendar Call/Master Calendar for Long Cause Trial

Superior Court of California, County of Shasta (CASHSC/LDCASH)—Updates Effective 7-1-17

Text Added:

5.17(B)

Triggers Affected:

Hearing triggers

California Superior Court, Sonoma County (CASNSC/LDCAON/CAPRSN)—Updates Effective 7-1-17

Text Updated:

4.1(A)(1)

5.6(D)

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Triggers Affected:

Hearing or Presentment Date of Ex Parte Application

Pleading—Complaint Filed

California Superior Court, Stanislaus County (CASTSC/LDCASU/CAPRST)—Updates Effective 7-1-17

Text Updated:

3.01(A)

3.01(B)

3.01(C)

3.01(E)

California Superior Court, Tulare County (CATLSC/LDCVTU)—Updates Effective 7-1-17

Text Added:

600(a)(8)

Text Updated:

701

709(d)(1)

709(d)(2)

Triggers Affected:

Conference—Case Management Conference in CEQA Leadership Project, Sacramento Arena Project, or

Capital Building Annex Project Case

Conference—Case Management Conference or Review

Conference—Initial Case Management Conference or Review

FLORIDA

FEDERAL

USBC, Middle District of Florida (FLMBK)—Updates Effective 7-1-17

Text Updated:

2016-1(c)(1)(ii)2016-1(c)(1)(B)

2016-1(c)(2)(iii)2016-1(c)(2)(C)

2081-1(b)

2081-1(f)(1)

2081-1(f)(2)

2081-1(f)(3)

2081-1(f)(4)

2081-1(f)(5)

2081-1(f)(6)

2081-1(f)(7)(i)2081-1(f)(7)(A)

2081-1(f)(7)(ii)2081-1(f)(7)(B)

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STATE

Florida Circuit Court, 10th Judicial Circuit, Hardee, Highlands, and Polk Counties (FL10)—Updates

Effective 7-3-17

Text Updated:

AO 3-15.14 1. B(3)AO 3-15.15 1. B(3)

AO 3-15.14 1. D.AO 3-15.15 1. D.

AO 3-15.14 1. E.AO 3-15.15 1. E.

AO 3-15.14 1. G.AO 3-15.15 1. G.

AO 3-15.14 1. K(2)AO 3-15.15 1. K(2)

GEORGIA

FEDERAL

USBC, Middle District of Georgia (GAMBK)—Updates Effective 7-5-17

Text Removed:

3015-3(a)(3) [Not based on rules updated]

Text Added:

3015-2(d)(2)(A)

3015-2(d)(2)(B)

Text Updated:

3015-3(a) [Deadline changed from 21 days after date of modification to 21 days after

notice of modification served]

5005-4(c)5005-4(b)(3)(i)

Triggers Removed:

Modification of Ch. 13 Plan Filed

Triggers Affected:

Hearing on Confirmation of Plan

Notice of Motion to Modify Ch. 13 Plan Before Confirmation Served

ILLINOIS

FEDERAL

USDC, Northern District of Illinois, Marvin E. Aspen (ILMEA)—Updates Effective 7-6-17

Text Updated:

CP Motion Practice

Page 12 of 16

USDC, Northern District of Illinois, Mag. Jeffrey T. Gilbert (ILJTG)—Updates Effective 7-5-17

Text Updated:

JI Important Info

Triggers Removed:

Motion Filed

Triggers Affected:

Hearing triggers

Motion for More Definite Statement Filed

Motion to Dismiss per Rule 12 Filed

Motion to Strike Filed

Notice of Removal Filed

Pleading—Complaint Filed

USDC, Northern District of Illinois, Hon. Charles P. Kocoras (ILCPK)—Updates Effective 6-30-17

Text Updated:

JI Notice

INDIANA

FEDERAL

USDC, Southern District of Indiana (INSD)—Updates Effective 7-1-17

Text Updated:

83-7(c)

MICHIGAN

STATE

Michigan Circuit Court, Calhoun County (37th CIR.) (MICHN)—Updates Effective 9-28-11 and 7-3-17

Text Removed:

2.403(C)(1)

2.403(C)(3)

2.403(D)

Triggers Removed:

Mediation—Past Due Notice for Unpaid Fees Mailed

Triggers Affected:

Mediation—Settlement Conference

Page 13 of 16

OHIO

FEDERAL

USBC, Southern District of Ohio (OHSBK)—Updates Effective 7-10-17

Text Added:

Notice re Ch. 7 Fee Waiver

Notice re Mailing List

Triggers Affected:

Creditors’ § 341 Meeting, First Date Set

Order for Relief Entered in Ch. 11 Case

Order for Relief Entered in Ch. 7 Case

Petition Filed Triggers

STATE

Ohio Court of Appeals, 10th District, Franklin County (OHCA10)—Updates Effective 7-1-17

Text Added:

2(E) [Not based on rules updated]

Text Removed:

7(B)

Text Updated:

1(G)

3(B)(1)

5(D)(2)

6(C)

8(A)

8(C)

11(B)

11(C)

12

13(E)

13(H)

13(K)

13(L)

13(M)(1)

13(M)(3)13(M)(2)

14

Triggers Removed:

Motion for Extension of Time Served

Page 14 of 16

Triggers Affected:

Briefing—Appellant’s Brief Served by Mail Triggers

Briefing—Relator’s Brief in Original Action Served

Briefing—Respondent’s Brief in Original Action Served

Designation of Additional Parts of Transcript for Inclusion in Record (Trial Court) Served by Mail or

Commercial Carrier

Evidence Presented in Original Action

Magistrate’s Decision Filed Triggers

Magistrate’s Order Filed Triggers

Ohio Rules of Civil Procedure (OHRCP)—Updates Effective 7-1-17

Changes also made in all Court of Common Pleas.

Text Updated:

34(B)(1)

36(A)(1)

Ohio Court of Common Pleas, Clermont County (OHCTCC)—Updates Effective 7-5-17

Text Added:

3.3

Triggers Affected:

Pleading—Complaint Filed

Ohio Court of Common Pleas, Franklin County (OHHCC)—Updates Effective 7-1-17

Text Updated:

39.05(A)

39.05(B)

Triggers Affected:

Pleading—Complaint Filed in 12-Month Track Case

Pleading—Complaint Filed in 24-Month Track Case

PENNSYLVANIA

STATE

Pennsylvania Rules of Civil Procedure (PARCP)--Not Based on Rules Updated

Relevant changes also made in all Courts of Common Pleas.

Text Added:

PAJA 4011(C)

Page 15 of 16

Triggers Affected:

Hearing on Motion for Writ of Seizure in Replevin Action

Order Denying Application for Reduction of Costs for Transcription

Order Disposing of Application for Waiver of Costs for Transcription

Transcript Deposit Received by Court

Pennsylvania Court of Common Pleas, 1st Judicial District, Philadelphia County (PA01)—Updates

Effective 7-1-17

Text Added:

RJA 4007(E)

Triggers Affected:

Transcript Partial Payment Received by Court

Pennsylvania Court of Common Pleas, 5th Judicial District, Allegheny County (PA05)—Updates Effective

7-5-17

Text Added:

RJA 4007(C)

Text Updated:

RJA 1901 [Not based on rules updated]

Triggers Deleted:

Transcript Deposit Received by Court

Triggers Affected:

Conference—Pretrial Conference

Eminent Domain—Viewers’ Hearing

Hearing Triggers

Presentation Date of Petition to Open Default Judgment

Presentation Date of Motion

Pennsylvania Court of Common Pleas, 38th Judicial District, Montgomery County (PA38)—Updates

Effective 1-1-17

Text Added:

RJA 4009(F)(3)

Triggers Affected:

Conference Triggers

Hearing Triggers

Trial

Page 16 of 16

VIRGINIA

STATE

Virginia Circuit Court (VACC)—Updates Effective 7-1-17

Changes made in all Circuit Courts. Relevant changes made in Court of Appeals and Supreme Court

Text Updated:

VACODE8.01 8.01-128(B)

VACODE8.01 8.01-129

VACODE8.01 8.01-390.3(B)

VACODE8.01 8.01-413(B) [Deadline changed from 15 days to 30 days]

VACODE8.01 8.01-413(C) [Deadline to comply with medical records subpoena changed from

20 days after subpoena served to the later of 15 days after

subpoena issued or 5 days after receipt of certification that no

motion to quash filed]

VACODE8.01 8.01-671(A) [Deadline changed from 3 months to 90 days]

VACODE8.01 8.01-671(C)

Triggers Removed:

Discovery—Subpoena for Production or Inspection Served

Triggers Affected:

Discovery—Certification re Motion to Quash Subpoena Duces Tecum for Health Records Received by Health

Care Entity

Discovery—Request for Health Records Received

Discovery—Request/Attorney-Issued Subpoena Duces Tecum for Health Records

Discovery—Subpoena for Production or Inspection Compliance Date

Entry of Final Judgment, Appealable Order, or Decree

Entry of Judgment (District Court)

Hearing—Continued Hearing to Establish Final Rent and Damages in Unlawful Detainer Action

Hearing—Initial hearing on Summons for Unlawful Detainer

Writ of Possession Issued