Van Curen v. Federal Crop Insurance Corporation et al

Filing 57

ORDER granting re 55 Request to Appear by Telephone at Case Management Conference filed by Risk Management Agency, Federal Crop Insurance Corporation. Signed by Judge Charles R. Breyer on 6/21/2016. (beS, COURT STAFF) (Filed on 6/22/2016)

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1 BRIAN J. STRETCH (CABN 163973) United States Attorney 2 SARA WINSLOW (DCBN 457643) 3 Chief, Civil Division 4 JONATHAN U. LEE (CSBN 148792) Assistant United States Attorney 5 450 Golden Gate Avenue, Box 36055 San Francisco, California 94102-3495 6 Telephone: (415) 436-6909 FAX: (415) 436-7234 7 Jonathan.Lee@usdoj.gov 8 Attorneys for Defendants FEDERAL CROP 9 INSURANCE COMPANY and RISK MANAGEMENT AGENCY 10 UNITED STATES DISTRICT COURT 11 NORTHERN DISTRICT OF CALIFORNIA 12 SAN FRANCISCO DIVISION 13 14 15 16 17 18 19 20 21 JOHN VAN CUREN, as Trustee of the Chapter ) 11 Estate of MICHAEL HAT, a/k/a MICHAEL ) ) HAT FARMING COMPANY, ) ) Plaintiff, ) ) v. ) FEDERAL CROP INSURANCE ) CORPORATION and RISK MANAGEMENT ) ) AGENCY, ) ) Defendants. ) ) Case No. CV-13-04601-CRB REQUEST TO PERMIT COUNSEL TO APPEAR AT CMC BY TELEPHONE; ORDER Date: June 24, 2016 Time: 10:00 a.m. Courtroom: 6, 17th Floor Judge: Hon. Charles R. Breyer 22 23 24 25 26 27 28 Van Curen v. FCIC and RMA CV 13-04601 CRB MOTION TO PERMIT APPEARANCE BY TELEPHONE 1 I. INTRODUCTION Defendants’ undersigned counsel hereby requests permission to appear by telephone at the case 2 3 management conference scheduled for June 24, 2016 at 10:00 a.m. The reason for the request is 4 5 counsel’s attendance at a deposition in another case out of state on June 24, 2016. The undersigned counsel regrets the scheduling error and apologizes to the Court. Counsel for plaintiff does not oppose 6 7 this request. 8 II. DISCUSSION Counsel for the parties recently met and conferred regarding the current status of this litigation 9 10 following the Ninth Circuit’s recent decision dated June 2, 2016. Counsel agreed to request a status 11 conference by stipulation. 12 13 From June 14-16, 2016, the undersigned counsel was out of state assisting in the care of his elderly father. On June 14, 2016, plaintiff’s counsel graciously provided a draft stipulation to the 14 undersigned. On June 15, 2016, defense counsel agreed to the proposed date of June 24, 2016. 15 16 Plaintiff’s counsel filed the stipulation the next day. The undersigned has a conflict on June 24, 2016 that should have caused him to request another 17 18 agreed upon date. He is traveling to Kansas on June 23-24, 2016 for a deposition in another case; the 19 deposition has been scheduled for several weeks and is taking place pursuant to an order following 20 motion proceedings. Counsel apologizes for not realizing the scheduling error before the filing of the 21 parties’ recent stipulation. 22 Earlier this morning, the undersigned realized his scheduling error, contacted plaintiff’s counsel, 23 24 explained the situation and provided a draft form of a stipulation to postpone the case management 25 conference to another mutually agreeable date. Once the Court’s order was received this afternoon, 26 counsel met and conferred and agreed that this request would be acceptable. (The only alternate date for 27 a CMC counsel could identify on their respective schedules in the near term was Tuesday, June 28, 28 2016.) Van Curen v. FCIC, RMA 13-4601 CRB MOTION TO PERMIT APPEARANCE BY TELEPHONE 1 Under Civil Local Rule 16-10, requests to participate in case management conferences by 1 2 telephone are to be filed and served seven days before the conference. In this case, however, counsel 3 4 did not realize the scheduling error until this morning. In light of the foregoing, the undersigned counsel requests permission to attend the CMC by telephone at 10:00 a.m. 5 6 7 III. CONCLUSION Counsel respectfully requests permission to appear telephonically at the June 24, 2016 case 8 management conference. 9 DATED: June 22, 2016 Respectfully submitted, 10 BRIAN J. STRETCH United States Attorney 11 /s/ Jonathan U. Lee JONATHAN U. LEE Assistant United States Attorney 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Van Curen v. FCIC, RMA 13-4601 CRB MOTION TO PERMIT APPEARANCE BY TELEPHONE 2 ORDER 1 2 The request to appear telephonically is granted. 3 Date: June 21, 2016 ______________________________________ Hon. Charles R. Breyer UNITED STATES DISTRICT JUDGE 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Van Curen v. FCIC, RMA 13-4601 CRB MOTION TO PERMIT APPEARANCE BY TELEPHONE 3

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