Jack v. Jack

Filing 51

Order by Magistrate Judge Donna M. Ryu granting 48 Motion to Appear by Telephone.(dmrlc2, COURT STAFF) (Filed on 11/27/2012)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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JOSEPH ROLANDO JACK,

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For the Northern District of California

United States District Court

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Plaintiff(s),
v.

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ORDER GRANTING REQUEST TO
APPEAR BY TELEPHONE AT CASE
MANAGEMENT CONFERENCE

LORETTA JACK,

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No. C-12-02459 DMR

Defendant(s).
___________________________________/

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TO ALL PARTIES AND COUNSEL OF RECORD:
Good cause appearing, the court GRANTS the request of counsel for Plaintiff for leave to

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appear by telephone at the Case Management Conference scheduled for November 28, 2012 at 1:30

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p.m. The court determines that personal attendance is not needed in order to have an effective

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conference, so long as Plaintiff is represented by lead trial counsel who (1) shall be prepared to

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address all of the matters referred to in the Northern District of California’s general standing order

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on Joint Case Management Statements; and (2) have full authority to enter stipulations and make

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admissions pursuant to that order. This order does not give counsel permission to appear

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telephonically at all subsequent hearings in this case. Counsel must make a specific and timely

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application to appear telephonically at any hearing, and must demonstrate good cause for permission

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to make a telephonic appearance.

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The court admonishes Plaintiff's counsel that, pursuant to the court's standing order,

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"[p]ermission for a party to attend by telephone may be granted, in the Court's discretion, upon

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written request made at least two weeks in advance of the hearing if the Court determines that

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good cause exists to excuse personal attendance." [Docket No. 3 Attach. 1 at 3 (emphasis added).]

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Plaintiff's counsel filed the present motion to appear by telephone the day before the case

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management conference. [See Docket No. 48.] The court's standing order also explicitly states that

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each represented party must be represented by "lead trial counsel" at case management conferences.

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[Docket No. 3 Attach. 1 at 2.] Nevertheless, Plaintiff's counsel stated that she would have had an

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associate appear on her behalf if she had chosen not to appear by telephone. [See Docket No. 48.]

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The court also admonishes Plaintiff's counsel for filing motions as "letters," [see, e.g., Docket Nos.

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40, 48], and instructs her to properly file all court filings.

Telephonic Appearance Procedures for Magistrate Judge Donna M. Ryu. Failure to comply

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with the procedures ordered herein may result in sanctions.

Dated: November 27, 2012

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DONNA M. RYU
M. Ryu
United States ge Donna Judge
Magistrate
Jud

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IT IS SO ORDERED.

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S DISTRICT
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For the Northern District of California

Parties appearing by telephone must follow the protocol set forth in the attached Notice re

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United States District Court

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NOTICE RE TELEPHONIC APPEARANCE PROCEDURES FOR
MAGISTRATE JUDGE DONNA M. RYU
EFFECTIVE APRIL 11, 2012
I. POLICY GOVERNING TELEPHONIC APPEARANCES

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A party representative (or a party if in pro se) generally must appear in person for a hearing or
case management conference. Permission to attend by telephone may be granted, in the Court's
discretion, upon written request made at least one week in advance of the hearing if the Court
determines that good cause exists to excuse personal attendance, and that personal attendance is
not needed in order to have an effective hearing or conference. The facts establishing good cause
must be set forth in the request. All telephonic appearances must be made through CourtCall, an
independent conference call company, pursuant to the procedures set forth in Section II. If an
individual schedules a telephonic appearance and then fails to respond to the call of a matter on
calendar, the Court may pass the matter or may treat the failure to respond as a failure to appear.
Scheduling simultaneous telephonic appearances in multiple courts does not excuse a failure to
appear. Individuals making use of the conference call service are cautioned that they do so at their
own risk. Hearings generally will not be rescheduled due to missed connections.

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II. SCHEDULING A TELEPHONIC APPEARANCE.

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For the Northern District of California

United States District Court

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If the Court grants a party's request for telephonic appearance, the party shall arrange for the
appearance by calling CourtCall at [phone] not later than 3:00 p.m. the court day prior
to the hearing date.

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III. PROCEDURE FOR TELEPHONIC APPEARANCE.

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Court Call will provide counsel with written confirmation of a telephonic appearance, and give
counsel a number to call to make the telephonic appearance. It is counsel's responsibility to dial
into the call not later than 10 minutes prior to the scheduled hearing.

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CourtCall does not place a call to counsel.
The initial charge per participant for a CourtCall appearance is $30.00 for the first 45 minutes
you are connected. For each additional 15 minute increment the charge is $7.00. If you do not
timely call and connect with the Court Call operator, you will be billed for the call and the
hearing may proceed in your absence.
Telephonic appearances are connected directly with the courtroom's public address system and
electronic recording equipment so that a normal record is produced. To ensure the quality of
the record, the use of car phones, cellular phones, speakerphones,
public telephone booths, or phones in other public places is prohibited except in the most extreme
emergencies. Participants should be able to hear all parties without difficulty or echo.

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At the time of your hearing, you may initially be in the listening mode in which case you will be
able to hear the case before yours just as if you were in the courtroom. After your call is connected
to the courtroom, the Judge will call the case, request appearances, and direct the manner in which
the hearing proceeds. Each time you speak, you should identify yourself for the record. The court's
teleconferencing system allows more than one speaker to be heard, so the Judge can interrupt a
speaker to ask a question or redirect the discussion. When the Judge informs the participants that
the hearing is completed, you may disconnect and the next case will be called.
Telephonic appearances by multiple participants are only possible when there is compliance with
every procedural requirement. Sanctions may be imposed when there is any deviation from the
required procedures or the Court determines that a person's conduct makes telephonic appearances
inappropriate. Sanctions may include dropping a matter from calendar, continuing the hearing,
proceeding in the absence of an unavailable participant, a monetary sanction, and/or a permanent
prohibition against a person appearing telephonically.

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For the Northern District of California

United States District Court

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Court Call Telephone Appearance Procedure
3/28/2012

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