Jenkins et al v. Mandelbaum et al

Filing 80

ORDER GRANTING REQUEST TO EXCUSE EAST COAST REPRESENTATIVES FROM PERSONALLY ATTENDING JANUARY 8, 2013 SETTLEMENT CONFERENCE re 77 Declaration of Robert A. Barrer, 78 Declaration of William H. Jeberg filed by Hiscock & Barclay LLP. Signed by Judge Jacqueline Scott Corley on January 4, 2013. (wsn, COURT STAFF) (Filed on 1/4/2013)

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MURPHY PEARSON BRADLEY & FEENEY WWW.MPBF.COM A Profc~sional Corporation 88 Kearny Street, Suite 1000 San Francisco, CA 94108 Telephone 415-788-1900 Facsimile 415-393-8087 December 28, 2012 Magistrate Judge Jacqueline Scott Corley US District Court for the Northern District of California Courtroom F 450 Golden Gate Ave., 151h Fl. San Francisco, CA 941 02 Re: Jenkins v. Mandelbaum Case No. C-11-00211-EMC (JSC) Our File No.: CNAL.114787.1 Dear Honorable Magistrate Judge Jacqueline Scott Corley: Pursuant to paragraph 3 of Your Honor's Notice of Settlement and Settlement Conference Order dated November 14, 2012 in tlie above-titled matter, Defendant Hiscock & Barclay, LLP ("H&B") respectfully requests the Court excuse its East Coast representatives from personally attending the upcoming January 8, 2013 settlement conference. We have met and conferred with plaintiffs counsel, Richard Idell, to determine if plaintiff has any objections to Defendant Hiscock & Barclay, LLP's absence from personally attending the settlement conference. Plaintiffs counsel agreed that the reasons for the excuse from personally attending the settlement conference were reasonable and warranted under the circumstances and plaintiff has no objection. Attached are fully executed declarations from Robert A. Barrer, an attorney and partner with Defendant Hiscock & Barclay, LLP, as well as William H. Jeberg, an attorney and partner with Mendes and Mount, LLP (representatives of H&B' s insurance carrier for this case). The declarations confirm that H&B's attorney of record, James A. Murphy of Murphy, Pearson, Bradley & Feeney, will personally appear at the scheduled settlement conference and will have full authority to negotiate in good faith a resolution, if possible, of the claims against H&B. What's more, the declarations provide that H&B's offices are located on the East Coast and there are no direct flights from any of the cities in which H&B has an office. As a result, personal appearance of one of H&B' s partners at the scheduled settlement conference in San Francisco would create an undue expense and burden on their work and take them away from matters that require attendance in the office. Furthermore, settlement of this case depends in large part to the outcome of the related federal action, entitled Fredianelli v. Mandelbaum (Case No. 3:11-cv-03232-EMC), which is SAN FRANCISCO LOS ANGELES SACRAMENTO Magistrate Judge Jacqueline Scott Corley Jenkins v. Mandelbaum December 28, 2012 Page2 still pending and scheduled for summary judgment hearing on January 23, 2013. The outcome in Fredianelli will define plaintiffs' alleged scope of damages, which at the moment, remain largely speculative and contingent upon potential outcomes in the Fredianelli lawsuit. Because plaintiffs alleged damages are contingent upon resolution and/or adjudication in Fredianelli (which will not be resolved, if at all, before the upcoming summary judgment hearing), negotiation at the scheduled January 8, 2013 settlement conference will most likely be stalled. To that end, personal appearance and the expense associated with that appearance by H&B is not warranted. In closing, H&B respectfully requests that this court excuse H&B from personally appearing at the January 8, 2013 settlement conference and permit their representatives to appear by telephone. Of course, counsel for H&B, James A. Murphy, will appear in person at the settlement conference with full authority to settle the action, if at all possible. Thank you for your consideration. Very truly yours, ,-ยท~ l-)0(tr- Jarn~~.~urphy Jason E. Fellner Enclosure JEF .20519823 .doc ISTRIC ES D TC T TA ER A H Dated: January 4, 2013 rley LI Jud c ot t C o R NIA TED FO NO eline S ge J a c qu RT GRAN RT U O S [All Counsel ofRecord] UNIT ED cc: N F D IS T IC T O R C

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