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)

Download PDF
1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 NORTHERN DISTRICT OF CALIFORNIA 8 9 JOSEPH ROLANDO JACK, 11 For the Northern District of California United States District Court 10 Plaintiff(s), v. 12 ORDER GRANTING REQUEST TO APPEAR BY TELEPHONE AT CASE MANAGEMENT CONFERENCE LORETTA JACK, 13 No. C-12-02459 DMR Defendant(s). ___________________________________/ 14 15 16 TO ALL PARTIES AND COUNSEL OF RECORD: Good cause appearing, the court GRANTS the request of counsel for Plaintiff for leave to 17 appear by telephone at the Case Management Conference scheduled for November 28, 2012 at 1:30 18 p.m. The court determines that personal attendance is not needed in order to have an effective 19 conference, so long as Plaintiff is represented by lead trial counsel who (1) shall be prepared to 20 address all of the matters referred to in the Northern District of California’s general standing order 21 on Joint Case Management Statements; and (2) have full authority to enter stipulations and make 22 admissions pursuant to that order. This order does not give counsel permission to appear 23 telephonically at all subsequent hearings in this case. Counsel must make a specific and timely 24 application to appear telephonically at any hearing, and must demonstrate good cause for permission 25 to make a telephonic appearance. 26 The court admonishes Plaintiff's counsel that, pursuant to the court's standing order, 27 "[p]ermission for a party to attend by telephone may be granted, in the Court's discretion, upon 28 written request made at least two weeks in advance of the hearing if the Court determines that 1 good cause exists to excuse personal attendance." [Docket No. 3 Attach. 1 at 3 (emphasis added).] 2 Plaintiff's counsel filed the present motion to appear by telephone the day before the case 3 management conference. [See Docket No. 48.] The court's standing order also explicitly states that 4 each represented party must be represented by "lead trial counsel" at case management conferences. 5 [Docket No. 3 Attach. 1 at 2.] Nevertheless, Plaintiff's counsel stated that she would have had an 6 associate appear on her behalf if she had chosen not to appear by telephone. [See Docket No. 48.] 7 The court also admonishes Plaintiff's counsel for filing motions as "letters," [see, e.g., Docket Nos. 8 40, 48], and instructs her to properly file all court filings. Telephonic Appearance Procedures for Magistrate Judge Donna M. Ryu. Failure to comply 11 with the procedures ordered herein may result in sanctions. Dated: November 27, 2012 15 DONNA M. RYU M. Ryu United States ge Donna Judge Magistrate Jud RT ER H 17 LI 16 18 19 20 21 22 23 24 25 26 27 28 2 A 14 DERED O OR IT IS S R NIA 13 FO UNIT ED S IT IS SO ORDERED. RT U O 12 S DISTRICT TE C TA NO For the Northern District of California Parties appearing by telephone must follow the protocol set forth in the attached Notice re 10 United States District Court 9 N D IS T IC T R OF C 1 2 3 NOTICE RE TELEPHONIC APPEARANCE PROCEDURES FOR MAGISTRATE JUDGE DONNA M. RYU EFFECTIVE APRIL 11, 2012 I. POLICY GOVERNING TELEPHONIC APPEARANCES 4 11 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. 12 II. SCHEDULING A TELEPHONIC APPEARANCE. 5 6 7 8 9 For the Northern District of California United States District Court 10 13 14 15 If the Court grants a party's request for telephonic appearance, the party shall arrange for the appearance by calling CourtCall at (866) 582-6878 not later than 3:00 p.m. the court day prior to the hearing date. 16 III. PROCEDURE FOR TELEPHONIC APPEARANCE. 17 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. 18 19 20 21 22 23 24 25 26 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. 27 28 3 1 2 3 4 5 6 7 8 9 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. 11 For the Northern District of California United States District Court 10 12 13 14 15 16 17 18 19 20 Court Call Telephone Appearance Procedure 3/28/2012 21 22 23 24 25 26 27 28 4

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?