Zimmerman v. Wells Fargo & Company Short-Term Disability Plan et al

Filing 26

ORDER RE: ATTENDANCE AT MEDIATION. Signed by Judge Maria-Elena James on 1/31/2013. (cdnS, COURT STAFF) (Filed on 1/31/2013)

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UNITED STATES DISTRICT COURT

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Northern District of California

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Oakland Division

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NANCY ZIMMERSON,
No. C 12-3611 PJH

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Plaintiff,
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ORDER RE: ATTENDANCE AT
MEDIATION

v.
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WELLS FARGO & COMPANY SHORTTERM DISABILITY PLAN et al.,

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Defendant.
_____________________________________/

Date:
Mediator:

February 4, 2013
Mark Humbert

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For the Northern District of California

UNITED STATES DISTRICT COURT

IT IS HEREBY ORDERED that the request to excuse counsel for defendant WELLS
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FARGO & COMPANY SHORT-TERM DISABILITY PLAN et al. from appearing in person at the
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February 4, 2013, Mediation session before Mark Humbert is DENIED. Defendant has not made
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adequate showing that personal attendance at the session constitutes ‘extraordinary or otherwise
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unjustifiable hardship’ as set forth in ADR L.R. 6-10(d), since defendant’s law firm, Fisher &
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Phillips, has a local San Francisco office, and since the request is untimely.
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IT IS FURTHER ORDERED that the request to excuse the corporate representative for
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defendant WELLS FARGO & COMPANY SHORT-TERM DISABILITY PLAN et al. from
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appearing in person at the February 4, 2013, Mediation session before Mark Humbert is GRANTED.
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Even though the request is untimely, the Court is inclined to grant the request given the represented
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monetary value of the case and the fact that both plaintiff’s counsel, Laurence Padway, and Mediator
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Mark Humbert have indicated that they do not object to the request. A corporate representative with
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full authority to settle the case, in accordance with ADR L.R. 6-10(a)(1) shall be available at all
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times to participate telephonically in the mediation in accordance with ADR L.R. 6-10(f).
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IT IS SO ORDERED.
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Dated: January 31, 2013

By:
Maria-Elena James
United States Chief Magistrate Judge