Miccio v. Miccio

Filing 24

ORDER. Signed by Judge Laporte on 3/7/11. (edllc1, COURT STAFF) (Filed on 3/7/2011)

Miccio v. Miccio

Doc. 24

1 2 3 4 5 6 7 8 9 10 11 UNITED STATES DISTRICT COURT 12
For the Northern District of California

UNITED STATES DISTRICT COURT Northern District of California San Francisco Division
THOMAS MICCIO, Plaintiff, v. TANIA MICCIO, Defendant. _____________________________________/ No. C 10-3976 EMC ORDER RE: ATTENDANCE Date: Mediator: March 9, 2011 Harold McElhinny

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IT IS HEREBY ORDERED that plaintiff's request for an emergency phone call with the court and defendants to seek permission for plaintiff Thomas Miccio to attend the March 9, 2011 ENE before Harold McElhinny is DENIED. The proper procedure for seeking permission to be excused from attending an ENE in person is clearly set forth in ADR L.R. 5-10(d). Because of the late date of the request, however, the court has considered plaintiff's request, and finds that, especially in light of defendant's offer to contribute to the cost of plaintiff's travel expenses, Mr. Miccio has not made an adequate showing that his being required to attend the ENE in person would cause his `extraordinary or otherwise unjustifiable hardship' as required by ADR L.R. 5-10(d). Accordingly, the request to excuse Thomas Miccio from personally attending the March 9, 2011 ENE before Harold McElhinny is DENIED. /// /// ///

Dockets.Justia.com

1 2 3 4 5 6 7 8 9 10 11 UNITED STATES DISTRICT COURT 12
For the Northern District of California

Given the extremely late date of the request, the court urges the parties seek an extension of the deadline to complete ENE from Magistrate Judge Chen to allow Mr. Miccio additional time to make his travel arrangements. IT IS SO ORDERED.

March 7, 2011 Dated

By: Elizabeth D. Laporte United States Magistrate Judge

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