Fitzpatrick v. Fitzpatrick et al

Filing 103

ORDER signed by Magistrate Judge Allison Claire on 6/24/2015 DENYING 101 Plaintiff's motion to appear telephonically. (Reader, L)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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MICHAEL J. FITZPATRICK,

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No. 2:12-cv-2938 GEB AC (PS)

Plaintiff,

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v.

ORDER

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BRIAN FITZPATRICK, et al.,

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Defendants.

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Pending before the court is plaintiff Michael Fitzpatrick’s request to appear telephonically

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at the August 13, 2015 Settlement Conference. The court has considered plaintiff’s asserted need

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to be physically present for his summer position as senior Lifeguard Coordinator in Long Beach

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Township, New Jersey. It has also considered plaintiff’s asserted expense of traveling between

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that position, his summer position as Ski Instructor at Taos Ski Valley, New Mexico, and

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Sacramento.
However, the requirement that plaintiff travel to California from time to time is a natural

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and unavoidable consequence of his filing his lawsuit here. It is a consequence that applies to

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every litigant whose lawsuit is at distance from home or work. Moreover, the nature of a

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settlement conference renders it particularly inappropriate for telephonic appearance by a

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principal. Plaintiff has thus not shown good cause for attending the Settlement Conference

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telephonically.

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Accordingly, plaintiff’s motion (ECF No. 101) is DENIED.

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IT IS SO ORDERED.

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DATED: June 24, 2015

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