Boles v. Delta Outsource Group, Inc.

Filing 24

ORDER DENYING MOTIONS FOR TELEPHONIC APPEARANCE; CONTINUING CASE MANAGEMENT CONFERENCE; SETTING COMPLIANCE HEARING. Motions terminated: Denying 20 MOTION to Appear by Telephone at Initial Case Management Conference filed by Delta O utsource Group, Inc., Denying 22 MOTION to Appear by Telephone at Initial Case Management Conference filed by Michael Boles. Case Management Conference set for 11/16/2015 is CONTINUED to Monday, 11/30/2015 02:00 PM. Compliance hearing whether consent to a magistrate judgment of their choice is warranted is set for 11/30/2015 at 09:01 AM in Courtroom 1, 4th Floor, Oakland before Hon. Yvonne Gonzalez Rogers. Joint Filing by 11/20/2015. Signed by Judge Yvonne Gonzalez Rogers on 11/10/15. (fs, COURT STAFF) (Filed on 11/10/2015)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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MICHAEL BOLES,

Case No. 15-cv-02703-YGR

Plaintiff,
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v.
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DELTA OUTSOURCE GROUP, INC.,
Defendant.

ORDER DENYING MOTIONS FOR
TELEPHONIC APPEARANCE; CONTINUING
CASE MANAGEMENT CONFERENCE;
SETTING COMPLIANCE HEARING
Re: Dkt. Nos. 20, 22

United States District Court
Northern District of California

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The parties have both filed motions to appear by telephone at the initial Case Management

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Conference (“CMC”) set for November 16, 2015. (Dkt. Nos. 20, 22.) The proffered bases for the

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motions are essentially convenience and the view that the underlying action does not warrant a

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personal appearance. (Id.) As this Court has advised through its standing order:

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These conferences are intended to be substantive and productive.
Accordingly, each party shall be represented at case management
conferences by counsel with authority to enter into stipulations and
make admissions pursuant to Fed. R. Civ. P. 16(a) and (c), as well as
fully prepared to address all of the matters in the CAND CMC Order
and Civil L.R. 16-10(b). Failure to do so shall be considered
grounds for sanctions. Because of the substantive quality of the
initial case management conference, telephonic appearances are
disfavored. The Court will grant requests to appear by telephone
only upon a compelling showing of good cause. The routine
inconveniences of travel do not constitute good cause.
Standing Order in Civil Cases § 6. Accordingly, the requests are DENIED.
Additionally, the Court has reviewed the parties’ joint CMC statement and the pleadings in

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this action and hereby CONTINUES the Case Management Conference to November 30, 2015 so

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that the parties can determine whether consent to a magistrate judge of their choice and for all

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purposes is warranted. The Northern District’s use of magistrate judges for all purposes has been

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hailed as the model for the United States.

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In this regard, counsel shall personally review each magistrate judge’s profile and discuss

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the option with both opposing counsel and their clients. Profiles of each magistrate judge and

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their respective locations can be found at: http://www.cand.uscourts.gov/judges. The Court

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hereby SETS a compliance hearing on November 30, 2015 at 9:01 a.m. in the Federal Courthouse,

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1301 Clay Street, Oakland, California, Courtroom 1. Counsel shall confirm compliance as

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follows: by November 20, 2015, the parties shall file either: (1) a joint stipulation to a magistrate

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judge for all purposes, or (2) a joint statement verifying counsel have personally reviewed each

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magistrate judge’s profile and have discussed the options as directed but have been unable to reach

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consensus. If compliance is complete, the parties need not appear and the compliance hearing will

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be taken off calendar. Failure to file the required joint filing may result in sanctions. If the parties
have not stipulated to a magistrate judge, the CMC will proceed before the undersigned as

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United States District Court
Northern District of California

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scheduled herein.

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This Order terminates Docket Numbers 20, 22.

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IT IS SO ORDERED.

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Dated: November 10, 2015

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______________________________________
YVONNE GONZALEZ ROGERS
UNITED STATES DISTRICT COURT JUDGE

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