Joe Hand Promotions Inc v. Reyes

Filing 48

Order by Magistrate Judge Donna M. Ryu denying 47 Ex Parte Application to Continue Settlement Conference.(dmrlc1, COURT STAFF) (Filed on 6/25/2013)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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For the Northern District of California

United States District Court

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JOE HAND PROMOTIONS INC,

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Plaintiff(s),
v.

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ORDER DENYING REQUEST TO
CONTINUE SETTLEMENT
CONFERENCE

REYES,

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No. C-11-06334 CW (DMR)

Defendant(s).
___________________________________/

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On June 24, 2013, Plaintiff Joe Hand Promotions, Inc. filed an ex parte application to

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continue the date of the settlement conference in this matter, currently scheduled for June 28, 2013,

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on the grounds that Plaintiff’s representative is unable to appear at the settlement conference in

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person. [Docket No. 47.] In a letter attached to the application, Plaintiff’s representative indicated

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that he is available to participate in the settlement conference by telephone.

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Judge Wilken ordered the settlement conference in this matter to take place by no later than

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June 28, 2013, [Docket No. 45], and Plaintiff has been on notice of the date of the settlement

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conference since May 2, 2013. In the court’s May 2, 2013 Notice of Settlement Conference and

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Settlement Conference Order, the court scheduled the settlement conference for June 28, 2013 and

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set out a procedure by which either party could notify the court of its unavailability on that date and

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request an alternative date. [Docket No. 46.] Plaintiff did not notify the court of its unavailability

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on June 28, 2013 within the allotted timeframe. In addition, the court’s May 2, 2013 order requires

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personal attendance by the parties. The court only grants permission to appear by telephone upon

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submission of a timely written request that demonstrates extraordinary hardship. The court notes

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that Plaintiff has been previously admonished for repeated failures to follow court directives, which

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resulted in the court’s dismissal of the case in December 2012. [Docket No. 39.]

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Accordingly, Plaintiff’s request to continue the settlement conference is DENIED. The

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parties and counsel are ordered to appear in person on June 28, 2013 at 11:00 a.m. in accordance

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with the court’s May 2, 2013 order.

. Ryu

onna M
DONNAdge RYU
Ju M. D

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United States Magistrate Judge

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Dated: June 25, 2013

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For the Northern District of California

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ERED

ORD
T IS SO

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United States District Court

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LI

IT IS SO ORDERED.

UNIT
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