State Farm Life Insurance Company v. Cai et al

Filing 200

ORDER REGARDING EX PARTE COMMUNICATIONS. Signed by Judge Lucy H. Koh on September 16, 2014. (lhklc1, COURT STAFF) (Filed on 9/16/2014)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE DIVISION

United States District Court
For the Northern District of California

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CINDY PRESS, as Special Administrator of the )
Estate of Ying Deng,
)
)
Cross-Claimant,
)
v.
)
)
JASON CAI,
)
)
Cross-Defendant
)
)

Case No.: 09-CV-00396-LHK
ORDER REGARDING EX PARTE
COMMUNICATIONS

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On September 16, 2014, Jun Chan sent the attached emails to Courtroom Deputy Stacy
Sakamoto requesting that the Court advise as to whether and how Jason Cai would be physically
present for his September 22, 2014 trial. These are ex parte communications with the Court that are
prohibited by Civil Local Rule 11-4(c) and will be disregarded as such.
The only email communications that the parties are allowed to have with the Courtroom
Deputy are non-substantive scheduling communications and must include opposing counsel. All
substantive issues must be discussed in filings.
Counsel for Mr. Cai never requested that the Court order that Mr. Cai attend his trial in
person, and the Court has never made such a ruling. In order for Mr. Cai to appear at his trial, he
must make his own arrangements and pay for his own expenses.

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IT IS SO ORDERED.
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Dated: September 16, 2014

_________________________________
LUCY H. KOH
United States District Judge

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1
Case No.: 09-CV-0396-LHK
ORDER REGARDING EX PARTE COMMUNICATIONS

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http://09canmail01w.uscmail.dcn/mail/cand/crdlhk.nsf/($Inbox)/419303...

From:

Jun Chan <[e-mail]>

To:

[e-mail]

Cc:

julie pulliam <[e-mail]>

Date:

Tuesday, September 16, 2014 05:20PM

Subject:

Re: Case:09-CV-00396-LHK

Hi Stacy:
I'm Julie assitance for this case. I sent you that email, because she
had no internet access where she was at.
You may discuss this with Ms. Pulliam.
office number: Phone: [phone]
On Tue, Sep 16, 2014 at 4:29 PM, <[e-mail]> wrote:
> Mr. Chan:
>
> The Court has not ordered that Mr. Cai be transferred; if someone
is
> representing that to you then they are incorrect.
>
> Is there a number I can reach you at to discuss this? Also, can I
please
> have your complete name and title prior to calling you?
>
> Thank you.
>
> Regards,
> Stacy Sakamoto, Courtroom Deputy Clerk for the Honorable Lucy H.
Koh
>
> -----Jun Chan <[e-mail]> wrote: ----> To: [e-mail]
> From: Jun Chan <[e-mail]>
> Date: 09/16/2014 03:50PM
> Cc: julie pulliam <[e-mail]>
> Subject: Case:09-CV-00396-LHK
>
>
> Per Ms. Julie Pulliam
>
>
> Stacy:

9/16/2014 5:25 PM

2 of 2

http://09canmail01w.uscmail.dcn/mail/cand/crdlhk.nsf/($Inbox)/419303...

>
> Kieth Norton, who is the the legal coordinator at Suzanville
Prison,
> advise us to summit a Order for Removal/ Transportation for the
> defandant.
>
> According to Santa Clara Sheriff deputy Hogue (408-586-5630) in the
> transpotation department, he advised us that a court Order for
> Removal/ Transportation for a civil case can be submitted and the
cost
> would be $2500-$3500. In his 15 years with the deapartment, CDC
will
> not achknowlege the order and the def stay where he's at.
>
>
> We're not sure as to what or how we can get Mr. Jason Cai here for
trial.
>
> Please advise. Will the court make an Order for this? If so, whom
> will bear the cost for transportation?

9/16/2014 5:25 PM