U.S. Equal Employment Opportunity Commission v. University College of Chapman University et al

Filing 32

ORDER RE: ATTENDANCE AT ADR SESSION. Signed by Judge Elizabeth D Laporte on 11/28/2012. (knm, COURT STAFF) (Filed on 11/28/2012)

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UNITED STATES DISTRICT COURT

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Northern District of California

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San Francisco Division

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U.S. EQUAL EMPLOYMENT
OPPORTUNITY COMMISSION,
No. C 11-4845 LB

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Plaintiff,
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v.
UNIVERSITY COLLEGE OF CHAPMAN
UNIVERSITY, et al.,

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For the Northern District of California

UNITED STATES DISTRICT COURT

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Defendants.
_____________________________________/

ORDER RE: ATTENDANCE AT ADR
SESSION
Date:
Mediator:

December 7, 2012
Jody LeWitter

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In considering plaintiff’s request to excuse the party representative from attending in person
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the hybrid ENE/mediation ADR session on December 7, 2012, before Jody LeWitter, the court must
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first correct plaintiff’s counsel’s failure to interpret correctly the attendance requirements of ADR
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Local Rules 5-10 and 6-10. Subsections (a) and (b) of those rules must be read together, as the rules
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require the attendance of both a party representative under Subsection (a) and of counsel under
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Subsection (b). Counsel incorrectly reads the Subsections as providing an “either/or” option.
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Nonetheless, based on the personal circumstances of the party representative, the court finds
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that plaintiff has met the hardship requirement set forth in ADR L.R. 5-10(d) and 6-10(d). IT IS
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HEREBY ORDERED, therefore, that the request to excuse Charging Party David Branham from
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appearing in person at the December 7, 2012, hybrid ENE/mediation before Jody LeWitter is
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GRANTED. Mr. Branham shall be available at all times to participate in the ADR session in
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accordance with ADR Local Rules 5-10(f) and 6-10(f).
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IT IS SO ORDERED.
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November 28, 2012
Dated

By:
Elizabeth D. Laporte
United States Magistrate Judge