Plyley v. Grangaard

Filing 33

ORDER re 32 MOTION to Appear by Telephone at Mediation filed by Gene Plyley. Signed by Judge Alsup on 10/7/2013. (whalc2, COURT STAFF) (Filed on 10/7/2013)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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GENE PLYLEY,

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For the Northern District of California

United States District Court

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No. C 12-05825 WHA

Plaintiff,
v.
MARLENE L. GRANGAARD,
individually and as Trustee of the
MARLENE L. GRANGAARD
REVOCABLE LIVING TRUST, dba
CLAM BEACH INN, aka CLAM DIGGER
BAR, and DOES ONE to FIFTY, inclusive,

ORDER RE PLAINTIFF’S
APPLICATION FOR
PERMISSION TO APPEAR AT
MEDIATION BY TELEPHONE

Defendant.
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In connection with his application for permission to appear at mediation by telephone

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(Dkt. No. 32), plaintiff Gene Plyley is hereby ordered to submit a declaration under oath

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explaining in detail his inability to travel to San Francisco for the October 15 mediation. The

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fact that plaintiff is 77 years of age in and of itself does not prevent such travel. Nor does

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extreme fibromyalgia. The fact that there are “periods wherein he is so incapacitated he is even

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unable to leave his bed” does not answer whether on October 15, plaintiff will be able to leave

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his bed. Plaintiff’s declaration must be filed by NOON ON OCTOBER 10.

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IT IS SO ORDERED.

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Dated: October 7, 2013.

WILLIAM ALSUP
UNITED STATES DISTRICT JUDGE