) CIVIL PROCEDURE I (3-units) PROF. SLOMANSON
READING ASSIGNMENTS SPRING 2015
Tues. Thurs. 6:00–7:15 PM Room: 225
• 1st day = Tuesday, Jan. 13, 2015
• Book: There is no print book or supplement. You will be using an electronic book—
< >—as opposed to purchasing a book and statutory
supplement. If you would prefer a print version of the Rules—as opposed to the free online html, Word, and PDF
versions on my course web page—I recommend LegalPub.com, Federal Civil Rules Booklet (2014 edition). The
videos, online cases, and other web pages replace the writing found in the traditional print law book.
• Course Learning Assistant (whom I will introduce on Day One): Dustin Fox (and I) will hold office hours, to
answer general questions, and to help you review the daily quiz or problem.
• Case Briefs: On the above course webpage, lower left corner, click Case Brief Format.
• Learning Outcomes—On the above web page, click Learning Outcomes.
• Attendance: I use a seating chart to take roll, rather than sign-in sheets. That helps me get to know you sooner.
Click course webpage Attendance-Prep Policy link.
• Preparedness: I never call on students. Lady Luck (playing cards) does so. For each time a student is
unprepared, where s/he has not notified the prof in advance, the student has a -.1 deducted from his/her final grade.
For pre-assigned cases, marked with a “ +”, I will normally assign one P atty & one D atty at the end of the
previous class.
Feedback—
• Quizzes/Problems: We will end a number of our classes with a non-graded quiz. Other classes will feature a non-
graded Problem and/or Skills Module. The reason for these exercises is to help you assess your understanding of
the course. Problems are found on the course web page Prob-Hypos-Chart link.
• Midterm: (10%), due on Thur., March 5(just after midterm break), at the beginning of class. Use your student
exam number (not name). On the course web page, click Take-home Midterm Info link for further details. We will
review last year’s exam in class before your midterm. We’ll also review this year’s midterm in class, after it has
been graded and returned.Midterm followup process—see Midterm 20% Followuplink, which I’ll later address.
• Extra credit assignment: See Motion Drafting link on course web page. Due at beginning of Class 18. Points
earned on this assignment will be added to the raw points on your final exam.
• Final (90%): On the course webpage, click Prior final exams link, then click Civil Procedure I for my prior exams.
Course Reading Syllabus:
• Daily assignments—videos, cases, rules, problems, online class hypos, skills modules, etc.—are on the above
course webpage/e-book. (If you cannot access via Internet Explorer, try either the Firefox or Chrome browsers.)
• Read the note or notes after the assigned cases. I took the time to draft and include them, so they are not “filler.”
• The term “ * ” = skim the case, which is usually incorporated into class discussion. No need to read as closely as
all other cases. My assigning such cases is not hazing. The idea is for you to have a sense of the important subject
matter, without having to endure the degree of preparedness expected of other cases.
• A “ +” next to an assigned case signifies those cases which will be argued by two students (usually representing the
main P & D). The objective of this feature of the course Skills Module is to help you develop your oral advocacy
skills. Click How to Present Your Case for procedure.
• Skills Module—Forms:I will call on students to advise the class on how to fill in each of the Forms; for example,
the Day 2 Civil Case Cover Sheet.Prepare this segment of the course as if you were preparing to present a case.
• Prof’s faux pas—Preparing this course was incredibly labor intensive (i.e., numerous course web page links and
content in each). If I missed something somewhere, please send me an e-mail if something’s not“there.” If your
notice is timely, I can advise the class via e-mail, or make an announcement at the beginning of class. If I call on
you in class, and you say: “I could not access that case,” then you’re not prepared.
Course Organization:
• 2-semester, 6-Unit Course→FallI Proper Court II Pleading. SpringIII Discovery IV Trial V Appeal VI Prior Suit
• Fall semester: Part I = PROPER COURT. Part II = PLEADING.
PROPER COURT
DAY 1: Subject: At course web page (CWP) </
FED_CP1_index.htm>, click on all pages to facilitate Navigation lecture.
Video: View Video on Videos (click Videos).
Reading: Click Reading (no cases assigned).
Rules/Stat/Const: Click Rules (no rules assigned) & recommend you watch
How to Outline the Rules (Upchurch YouTube).
DAY 2: Subject: Subject Matter Jurisdiction (SMJ).
Video: Federal Question Jurisdiction.
Reading: Gunn / Louisville Railroad / Skills Module: Civil Case Cover Sheet—fill out
for Gunn S1case (leave blank or guess for information not in edited version).
Outline: Day 2.
Constitution/Stat/Rule: Amend X /Art. III §2 ¶1 /§1331/ 1338(a) (click course web
page Rules for all such course materials).
Assessment Form (Quiz):end of class.
DAY 3:Subject: Diversity Jurisdiction.
Video: Diversity Jurisdiction.
Reading: Mas+ / Case notes are especially important / Skills Module: FRCP Form 7—
fill out for Mas case (in your role as attorney for the Ps).
Stat: §1332(a)(1)-(2) / §1332(c)(1).
Outline: Day 3.
Assessment Form (Quiz):end of class.
DAY 4:Subject: SupplementalJurisdiction.
Video: SupplementalJurisdiction.
Reading: Gibbs /Aldinger /Owen.
Stat: §1367(a)-(c)/ Amend XI
Outline: Day 4.
Assessment Form (Quiz):end of class.
DAY 5:Subjects: Finish Supplemental SMJ / Removal Jurisdiction.
Reading: Allapatah+ / 4removal Hypos (click Prob-Hypos-Charts link) / Knowles*/
SkillsModule: Summons (fill inSummons for Knowles case).
(Reminder:“+” = two student debate & “ *” = skim case (prof covers mostly by lecture).
Stat: §1441(a)-(b) / §1446(a) and (b)(1)-(2) / §1332(d)(2)
Outline: Day 5.
Assessment Form (Hypos):end of class.
DAY 6:Subject: Review via Problem One.
Reading: Problem One (click Prob-Hypos-Charts link); Skills Module: Notice of
Lawsuit & Request to Waive Service & Waiver of Service (fill in for first P &
D in Problem One).
Assessment Form (Problem):end of class.
DAY 7:Subject: Personal Jurisdiction (PJ).
Video: Personal Jurisdiction: Due Process.
Reading: Pennoyer* / Hess / Shoe +
Constitution: Amendment XIV §1, sentence 2 / Amendment V (“nor be deprived”).
Outline: Day 7.
Assessment Form (Quiz):end of class.
DAY 8:Subject: PJ continued: Specific v. General PJ.
Reading: Worldwide VW + / Goodyear / Skills Module: Forms1, 2, 7, 11, and
40—fill in for WWVW Complaint and Motion to Dismiss.
Outline: Day 8.
Assessment Form (Complaint-Motion):end of class.
DAY 9:Subjects: PJ continued: State Long-arm Statutes; Notice; Opportunity; Service
Methods; Waiver.
Video: PJ Continued: Key Sidebars
Reading: See Long-arm Statutes (click Prob-Hypos-Charts link) / Longines+(Re the
three consolidated cases within Longines, three students will be assigned to
present only the relevant portion of the state long-arm statute & how applied)
/ Mullane/ Fuentes /Skills Module: fill in Proof of Service for Fuentes case.
Rules: FRCP 4(k)(1)(A) / 4(e)(1)-(2) / 4(h)1(A)-(B).
Outline: Day 9.
Assessment Form (Quiz):end of class.
DAY 10: Subject: PropertyJurisdiction.
Video: PropertyJurisdiction.
Reading: Harris / Shaffer / Problem 2 (click Prob-Hypos-Charts link).
Rules: FRCP 4(n)2.
Outline: Day 10.
Assessment Form (Problem):end of class.
DAY 11:Subject: Exam Writing: What To Do.
Reading: Fall 2012 final exam (click Prior final exams link).
Assessment Form (Tips):end of class.
DAY 12: Subject: Exam Writing: What Not To Do.
Reading: Do’s & Taboos (click Prob-Hypos-Charts link—no need to read in advance).
Assessment Form (Do/Taboo):end of class.
DAY 13:Subject: Venue—Venue (P’s task) & Transfer (D’s option) / Problem
Video: Venue and Transfer
Reading: Bates / Piper / Problem 3 (click Prob-Hypos-Charts link)
Stat: §1391(a)-(c) / §1404(a).
Outline: Day 13.
Assessment Form (Prob):end of class.
DAY 14:Subject: Governing Law: Basics (aka “Choice of Law” or “COL” or “Erie”)
Video: Choice of Law
Reading: Erie / York /Byrd
Const/Stat:Amend. X / §1652 / §2072.
Outline: Day 14.
Assessment Form (Quiz):end of class.
Day 15: Subject: (Midterm due @ start of class) Governing law continued
Reading: Hanna / York-Byrd-Hanna hypo (Prob-Hypos-Charts link) /
Skills Module: Order to Show Cause (OSC)
Stat/FRCP: §2072(a)-(b) / FRCP 3 / FRCP 4(m) / FRCP 78.
Outline: Day 15.
Assessment Form (Hypo):end of class.
DAY 16:Subject: Pleading: Introduction.
Video:Iqbal v. Ashcroft
Reading:On Prob-Hypo-Chart link, view: Nomenclature / Fact v. Notice Pleading /
Pleading v. Motion / Garcia Motions. Cases: Iqbal / Garcia
Optional: 4-minute summary by attorney who argued Iqbal (on Video page).
Rules: 7(a) / 8(a)(1)-(3) / 12(b)(1)-(3) / 12(b)(6) / 12(f) / 12(e).
Outline: Day 16.
Assessment Form (Charts):end of class.
Day 17: Subject: Skills Module: Pleading in Practice.
Speaker:Hon. Anthony J. Battaglia, Judge, U.S. District Court, So. Dist. Cal.
Assessment Form (Speaker):end of class.
DAY 18:Subject: [1] Skills module—turn in Iqbal motion; [2] Question and Answer Session.
Reading:On Skills Module link: Read Iqbal complaint, Ashcroft 12(b)(6) motion, and
“Assignment” directions. On Course Web Page, see MotionDrafting link.
Your motion attacking the Iqbal complaint is due at the beginning of this
class. Bring your questions. We’ll do in class, instead of weekend Q & A.
Assessment Form (Motion):end of class.
DAY 19:Subject: Pleading: Damages, Heightened Pleading, and Answer
Video: Pleading Other Matters.
Reading: Ross/ Zelinski/ Ingraham+
Rules: FRCP9(g) / 9(b) / 8(b) / 8(c) /12(b) (pleading/motion option)
Outline: Day 19.
Assessment Form (Quiz):end of class.
DAY 20:Subjects: Defendant’s Pleadings and Amendments.
Video: D’s Claims and Amendments.
Reading: Great Lakes / Beeck+/ Krupski.
Rules: FRCP: 13(a)-(b) / 13(g) / 14(a)(1) / 15(a)(1)-(2) / 15(c) / 4(m)
Outline: Day 20.
Assessment Form (Quiz):end of class.
DAY 21:Subject: Pleading Sanctions.
Reading: Problem 4.
Rules: 11(a)-(b) / (c)(2).
Outline: Day 21.
Assessment Form (Problem):end of class.
DAY 22:Subject: Permissive Joinder.
Video: Permissive and Required Joinder.
Reading:Ryder/ Tanbro / Hypo 1+ / Hypo 2+ (click Prob-Hypos-Chart link)
Rules: FRCP: 20(a) / 42
Outline: Day 22.
Assessment Form (Hypos):end of class.
DAY 23:Subject: “Required” Joinder.
Reading:Bank of California / Provident Tradesman (fact diagram: p.6)
Rules: 12(b)(7) / 19
Outline: Day 23.
Assessment Form (Quiz):end of class.
DAY 24:Subject: Problem Five.
Assessment Form (Prob):end of class.
DAY 25:Subject: Intervention / Class Action.
Video: Intervention & Class Actions.
Reading:Coalition/ Rule 23 Class Action Chart / Wal-Mart/
Knowles *(Day 5 case—focus 1332(d) CAFA elements)
Rules: FRCP 24(a) / 23(a) / 23(e) / §1332(d)(2)(A) & (d)(6).
Outline: Day 25.
Assessment Form (Quiz):end of class.
DAY 26:Subject: Problem 6 (start).
Assessment Form (Prob):end of class.
DAY 27:Subject: Problem 6 (finish).
Assessment Form (Prob):end of class.
DAY 28:Subject: Q & A.
Last rev: 03/06/15
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