CSAA Insurance Exchange v. Best Buy Co., Inc.

Filing 39

ORDER Granting Request to Appear by Telephone at Case Management Conference 38 filed by CSAA Insurance Exchange. Signed by Magistrate Judge Donna M. Ryu on 5/31/2016. (dmrlc3, COURT STAFF) (Filed on 5/31/2016)

1
2
3
4

UNITED STATES DISTRICT COURT

5

NORTHERN DISTRICT OF CALIFORNIA

6
7

CSAA INSURANCE EXCHANGE,

Case No. 15-cv-02899-DMR

Plaintiff,
8
v.
9
10

BEST BUY CO., INC., et al.,

ORDER GRANTING REQUEST TO
APPEAR BY TELEPHONE AT CASE
MANAGEMENT CONFERENCE

Defendants.

United States District Court
Northern District of California

11
12

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

13
14

Insurance Exchange for leave to appear by telephone at the Case Management Conference

15

scheduled for Wednesday, June 1, 2016 at 1:30 p.m. The court determines that personal

16

attendance is not needed in order to have an effective conference, so long as Plaintiff is

17

represented by lead trial counsel who (1) shall be prepared to address all of the matters referred to

18

in the Northern District of California’s general standing order on Joint Case Management

19

Statements; and (2) have full authority to enter stipulations and make admissions pursuant to that

20

order. This order does not give counsel permission to appear telephonically at all subsequent

21

hearings in this case. Counsel must make a specific and timely application to appear

22

telephonically at any hearing, and must demonstrate good cause for permission to make a

23

telephonic appearance.

24

//

25

//

26

//

27

//

28

1
2
Parties appearing by telephone must follow the protocol set forth in the attached Notice re
3
Telephonic Appearance Procedures for Magistrate Judge Donna M. Ryu. Failure to comply
4
with the procedures ordered herein may result in sanctions.
5
6
IT IS SO ORDERED.
7
Dated: May 31, 2016
8
9

______________________________________
Donna M. Ryu
United States Magistrate Judge

10

United States District Court
Northern District of California

11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

2

1
2
3
4
5
6
7
8
9
10

United States District Court
Northern District of California

11
12
13
14
15
16
17
18
19

NOTICE RE TELEPHONIC APPEARANCE PROCEDURES FOR MAGISTRATE
JUDGE DONNA M. RYU
EFFECTIVE APRIL 11, 2012
I. POLICY GOVERNING TELEPHONIC APPEARANCES
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.
II. SCHEDULING A TELEPHONIC APPEARANCE.
If the Court grants a party's request for telephonic appearance, the party shall arrange for the
appearance by calling CourtCall at [phone] at least three business days prior to the
hearing date.

20

III. PROCEDURE FOR TELEPHONIC APPEARANCE.

21
22

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.

23

CourtCall does not place a call to counsel.

24

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.

25
26
27
28

Telephonic appearances are connected directly with the courtroom's public address system and
3

1
2
3
4
5
6
7
8
9
10

United States District Court
Northern District of California

11
12

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.
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.
Court Call Telephone Appearance Procedure
3/28/2012

13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

4