Oushana, et al. v. Lowe's Companies, Inc. et al.

Filing 44

ORDER GRANTING IN PART AND DENYING IN PART DEFENDANTS' REQUEST TO WAIVE PERSONAL APPEARANCE OF REPRESENTATIVE AT MANDATORY SETTLEMENT CONFERENCE, signed by Magistrate Judge Michael J. Seng on 11/20/2017. (Bernacchi, M)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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FRESNO DIVISION

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NORA OUSHANA, an individual;
SCARLET KARAMIAN, an individual,

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Plaintiffs,
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vs.
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LOWE'S COMPANIES, INC., a North
Carolina corporation; LOWE'S HIW,
INC., a California corporation;
ELECTROLUX NORTH AMERICA,
INC., a North Carolina corporation,

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Defendants.
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CASE NO.: 1:16-cv-01782-AWI-SAB
(Removed from Stanislaus County Superior
Court, Case No. 2021278)
ORDER GRANTING IN PART AND
DENYING IN PART DEFENDANTS'
REQUEST TO WAIVE PERSONAL
APPEARANCE OF REPRESENTATIVE AT
MSC
Trial:

MSC: December 7, 2017
Time: 1:00 p.m.
Courtroom: 6
Magistrate Judge: Hon. Michael J. Seng

This matter has been set for a Mandatory Settlement Conference ("MSC") on December
7, 2017, at 1:00 p.m. with United States Magistrate Judge Michael J. Seng.
Defendant Lowe's Home Centers, LLC is being defended and indemnified by Defendant
Electrolux Home Products, Inc. so no consent to settle is required. As such, this defendant
requests that it be excused from attending the MSC.
Defendant Electrolux Home Products, Inc. further requests that its representative be
excused from personal attendance at the Mandatory Settlement Conference in the abovereferenced matter due to the fact that Electrolux Home Products, Inc. has its principal place of

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March 13, 2018

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business in North Carolina.

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Defendant Electrolux Home Products, Inc. represents that its representative, with
authority to settle this matter, will be available by telephone for the entire duration of the
Mandatory Settlement Conference.

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Having considered the foregoing and the Court’s conviction that a productive
Settlement Conference is in the best interests of both parties and the Court and that the
likelihood for a productive conference is substantially enhanced by having all essential
parties personally present throughout the conference, IT IS HEREBY ORDERED that:

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

Defendant Lowe's Home Centers, LLC is excused from attending the MSC.

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

Defendant Electrolux Home Products, Inc. must have a representative with

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full authority to settle this case personally present at the December 7, 2017,
Mandatory Settlement Conference in Fresno, California.

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IT IS SO ORDERED.

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Dated:

November 20, 2017

/s/

UNITED STATES MAGISTRATE JUDGE

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Michael J. Seng

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CERTIFICATE OF SERVICE
I hereby certify that on November 20, 2017, I filed the foregoing document entitled
[PROPOSED]

ORDER

GRANTING

DEFENDANTS'

REQUEST

TO

WAIVE

PERSONAL APPEARANCE OF REPRESENTATIVE AT MSC with the clerk of court
using the CM/ECF system, which will send a notice of electronic filing to all counsel of record in
this action.

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/s/Richard L. Stuhlbarg_______________
Richard L. Stuhlbarg

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