Wheeler v. Chertoff et al

Filing 58

ORDER GRANTING REQUEST TO EXCUSE ATTENDANCE AT SETTLEMENT CONFERENCE re 56 Letter filed by Michael Chertoff. Signed by Magistrate Judge Elizabeth D. Laporte on August 6, 2009. (edllc2, COURT STAFF) (Filed on 8/6/2009)

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1 2 3 4 5 6 7 8 9 10 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA United States District Court 11 For the Northern District of California ERNEST C. WHEELER Plaintiff, v. No. C 08-01738 SBA (EDL) ORDER GRANTING REQUEST TO EXCUSE ATTENDANCE AT SETTLEMENT CONFERENCE 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 MICHAEL CHERTOFF Defendant. ___________________________________/ On July 27, 2009, this Court set a settlement conference in this matter for September 3, 2009. By letter dated July 28, 2009, Defendant's counsel requested that agency representative Lynda Pilgrim, Senior Trial Attorney, be excused from personally appearing at the settlement conference based on her prior work commitments and her residence near Washington, D.C. Counsel stated that Ms. Pilgrim would be available by telephone for the duration of the conference. Plaintiff's counsel has informed the Court that Plaintiff believes that Ms. Pilgrim's personal appearance would be more conducive to settlement. Settlement conferences are more effective when party representatives appear in person. However, the Court reluctantly excuses Ms. Pilgrim from personally attending the settlement conference in light of her serious scheduling issues and the relatively short notice from the Court setting the conference. If the Court concludes that the absence of Ms. Pilgrim is interfering in any way with the settlement conference, the Court may continue the settlement conference and may order 1 2 3 4 5 6 7 8 9 10 // personal attendance by each party including Ms. Pilgrim. IT IS SO ORDERED. Dated: August 6, 2009 _______________________________ ELIZABETH D. LAPORTE United States Magistrate Judge United States District Court 11 For the Northern District of California 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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