J.C. et al v. UAL Corporation et al

Filing 89

ORDER by Chief Magistrate Judge Maria-Elena James GRANTING #88 Motion to Continue Status Conference and for Clarification re Order. Status Hearing Re: Settlement set for 6/24/2010 10:00 AM in Courtroom B, 15th Floor, San Francisco. Signed by Chief Magistrate Judge Maria-Elena James, on 5/25/10. (bjt, COURT STAFF) (Filed on 5/25/2010) Modified on 5/26/2010 (jlm, COURT STAFF).

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R ic h a r d G . G r o t c h , E s q . - S B N 1 2 7 7 1 3 C O D D IN G T O N , H IC K S & D A N F O R T H A Professional Corporation, Law y ers 5 5 5 T w i n D o l p h i n D r iv e , S u i t e 3 0 0 Redwood City, California 94065-2133 T e l. ( 6 5 0 ) 5 9 2 - 5 4 0 0 Fax. [phone] E -m ail: r g r o tc h @ c h d la w ye r s.c o m ATTO RNEYS FOR Defendants/Cross-Claimants U N I T E D A I R L I N E S , I N C . an d U A L C O R P O R A T IO N U N IT E D S T A T E S D IS T R IC T C O U R T N O R T H E R N D IS T R I C T O F C A L I F O R N I A

J . C . , a n in d i v i d u a l , a n d a s G u a r d i a n A d Litem for her child, S.C., a minor, Plaintiff, v s. U A L C O R P O R A T I O N , a D e la w a r e c o rp o r a tio n ; U N I T E D A IR L I N E S . IN C .. a s u b s id ia r y o f U A L C O R P O R A T I O N a n d a D e l a w a r e c o r p o r a t i o n ; JA C K S O N S E N Y O N G A , a n in d iv i d u a l ; a n d D O E S 1 t h r o u g h 2 5 , in c l u s i v e , Defendants. / A N D R E L A T E D C R O S S -CL A IM ____________________________________/

N o . C 09-0747 S B A ( JL ) (M E J) M O T IO N F O R A D M I N I S T R A T I V E R E L IE F : R E Q U E ST F O R C O N T IN U A N C E O F S T A T U S C O N F E R E N C E A N D C L A R I F I C A T IO N OF ORDER H o n o ra b le M a r ia- E len a Ja m e s C h i e f U n i t e d S t a t e s M a g is t r a t e J u d g e

Pursuant to Civil Local Rule 7-11, defendants and cross-complainants UNITED AIR LINES, INC. and UAL CORPORATION (hereinafter referred to collectively as "U nited") respectfully submit this motion for administrative relief seeking (1) a continuance of the Status Conference re Settlement, from June 10, 2010 to June 17, 2010 at 10:00 a.m., in Courtroom B and (2) clarification of the Court's April 29, 2010 order (Doc. 83) with respect to who is required to attend the Status Conference re Settlement. Counsel for the all of the parties agree to the requested continuance and to the June 17, 2010 date; plaintiff, herself, has neither agreed nor disagreed. ///
Motion for Administrative Relief ­ C 09-0747 SBA

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CODDINGTON, H I C K S & D A N FO R T H

I. PROCEDURAL POSTURE On A pril 29, 2010, upon receipt of the parties' status conference statements regarding the settlement of this action, the Court scheduled a status conference for M ay 13, 2010. (Doc. 83). The day before the scheduled conference, a request to continue the Status Conference was submitted on behalf of plaintiff "J.C." (Doc. 84). Although plaintiffs' counsel advised that he was available to attend the conference, the plaintiff, herself, apparently was unable to do so. (Id.) O n M a y 1 3 , 2 0 1 0 , t h e C o u r t g r a n t e d t h e r e q u e s te d c o n t i n u a n c e a n d c o n t i n u e d t h e S t a t u s Conference to June 10, 2010. (Doc. 86). Because of a calendar conflict posed by a long-scheduled mediation in another case in this Court, involving parties and principals traveling from across the country, United's counsel immediately contacted counsel for the other parties to ask if they would agree to have the Status Conference continued further by one week, to June 17, 2010. Both counsel for plaintiffs and for defendant Jackson Senyonga agreed to that request. Because the Status Conference was continued in the first instance because of plaintiff "J.C.'s" personal inability to attend on the initially scheduled date, United's counsel has asked plaintiffs' counsel, repeatedly, to advise whether the plaintiff would also agree to the one week postponement. Since making that request, plaintiffs' counsel has confirmed his own availability and agreement to the continuance, but has indicated that he is unable to confirm whether or not his client will agree. I n o r d e r to r a i s e t h is i s s u e w i t h t h e C o u r t i n a r e a s o n a b ly t im e l y m a n n e r , a n d w i t h n o information apparently forthcoming from the plaintiff herself, United feels compelled to submit this req u est at th is time. II. R E Q U E S T F O R O N E W E E K C O N T IN U A N C E With the agreement of counsel ­ if not the plaintiff herself ­ United respectfully requests that the Status Conference re Settlement be continued from June 10, 2010 to Ju n e 1 7 , 20 1 0 , at 10:00 a .m ., in C o u r tro o m B o f th is C o u r t. /// 2
Motion for Administrative Relief ­ C 09-0747 SBA

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CODDINGTON, H I C K S & D A N FO R T H

III. R E Q U E S T F O R C L A R I F I C A T IO N In the Court's April 29, 2010 order (Doc. 83), the Court ordered "the parties to appear for a status conference." (Emphasis added). Counsel for all the defendants interpreted that as requiring the parties to appear through their counsel of record. It appears plaintiff "J.C." m ay have interpreted t h e O r d e r a s r e q u ir i n g t h e r e a l p a r t i e s , t h e m s e l v e s , to a t t e n d . W h il e i t i s u n d e r s t a n d a b l e th a t t h e plaintiff may wish to attend the status conference with her attorney, United simply seeks clarification as to whether its understanding ­ that only counsel are required to attend the Status Conference (as i s c u s t o m a r y) ­ is c o r r e c t . D ated : M ay 2 0 , 2 0 10 Respectfully submitted, C O D D IN G T O N , H IC K S & D A N F O R T H /s/ Richard G. Grotch __________________________________ R ic h a r d G . G r o t c h Attorneys for Defendants/Cross-Claimants U n i t e d A i r L in e s , I n c . a n d U A L C o r p o r a t i o n

TO ALL COUNSEL AND PARTIES OF RECORD, this hearing shall be rescheduled for Thursday, June 24, 2010 at 10:00 a.m.. All parties who have the authority to settle this matter must attend. DATED: May 25, 2010

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Motion for Administrative Relief ­ C 09-0747 SBA

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____________________________________ DERED SO OR Maria-ElenaT IS I James, United States Chief Magistrate Judge

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