Postlewaite et al v. Wells Fargo Bank, N.A. et al

Filing 63

ORDER by Judge Yvonne Gonzalez Rogers denying 62 Motion to Appear by Telephone at court-sponsored mediation scheduled for January 15, 2014. (fs, COURT STAFF) (Filed on 12/17/2013)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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Northern District of California

United States District Court

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MARILYN POSTLEWAITE, et al.,
Plaintiffs,

Case No.: 12-CV-4465 YGR
ORDER DENYING MOTION TO APPEAR BY
TELEPHONE

V.

WELLS FARGO BANK, N.A., et al.,
Defendants.
On December 16, 2013, Defendant NDeX West, LLC ("NDeX"), filed a motion to appear

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telephonically at a court-sponsored mediation scheduled for January 15, 2014. (Dkt. No. 62.) The

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motion is DENIED as procedurally improper.

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"District judges must adhere to their court's local rules, which have the force of federal law."

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Alliance of Nonprofits for Ins., Risk Retention Grp. v. Kipper, 712 F.3d 1316, 1327 (9th Cir. 2013)

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(quoting In re Corrinet, 645 F.3d 1141, 1146 (9th Cir. 2011)). This Court's ADR Local Rule 6-10(a)

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provides that, with respect to court-sponsored mediation, "[a]ll named parties and their counsel are

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required to attend the mediation in person unless excused under" ADR Local Rule 6-10(d). Paragraph

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(d) in turn provides:

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A person who is required to attend a mediation may be excused from
attending in person only after a showing that personal attendance would
impose an extraordinary or otherwise unjustifiable hardship. A person
seeking to be excused must submit, no fewer than 14 days before the
date set for the mediation, a letter to the ADR Magistrate Judge,
simultaneously copying the ADR unit, all counsel and the mediator. The
letter must:

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(1) Set forth all considerations that support the request;
(2) State realistically the amount in controversy in the case;
(3) Indicate whether the other party or parties join in or object to the
request, and
(4) Be accompanied by a proposed order.

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The request may not be filed or disclosed to the assigned judge.

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ADR L.R. 6-10(d) (emphases added).
Rule 6-10(f) provides: "A person excused from appearing in person at a mediation must be
available to participate by telephone for the duration of the session or until excused by the neutral."

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Here, both Plaintiff and the other named defendant in the case, Wells Fargo Bank, N.A.

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("Wells"), have represented to the Court their agreement that NDeX need not participate in the

at 2.) Nevertheless, the Court's ADR Local Rules provide a process for excusing parties from

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Northern District of California

mediation because it allegedly acted in a merely ministerial role on the behalf of Wells. (Dkt. No. 54

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United States District Court

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attending court-sponsored mediation, and that process does not contemplate excuse by stipulation, nor

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by order of the assigned judge.

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For the foregoing reasons, NDeX's motion is hereby DENIED WITHOUT PREJUDICE so that
NDex may undertake the procedure set forth in the ADR Local Rules.

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This Order terminates Docket No. 62.

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IT IS SO ORDERED.

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Date: December 17, 2013
________________________________________
YVONNE GONZALEZ ROGERS
UNITED STATES DISTRICT COURT JUDGE

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