Sencion v. Saxon Mortgage Services, Inc. et al

Filing 46

ORDER by Judge Paul S. Grewal denying 44 Motion to Appear by Telephone. Previous Motions to Appear by Telephone 26 , 33 , 34 terminated as moot. (psglc2, COURT STAFF) (Filed on 12/28/2010)

Sencion v. Saxon Mortgage Services, Inc. et al

Doc. 46

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 Plaintiff's Motion to Amend and Defendant Saxon's ("Saxon") Motion to Strike and 19 Motion to Dismiss will be heard on January 4, 2011. On December 22, 2010, counsel for 20 Plaintiff filed a request to appear telephonically at that hearing. Based on the request and the file 21 her ein, 22 IT IS HEREBY ORDERED that Plaintiff's request is DENIED. Plaintiff has not 23 established good cause for requested relief. Plaintiff contends that traveling to this courthouse 24 fr om Los Angeles would be wasteful in light of the likely brevity of the hearing. The burden of 25 appear ing in court, however, is a normal burden of litigation. Furthermore, counsel's appearance 26 is strongly preferred when the subject of the hearing could dispose of a claim or defense of a 27 par ty, regardless of counsel's prediction about the hearing's duration. Plaintiff has not shown any 28 specific facts that would warrant relieving it of having its counsel appear in court for Plaintiff's OR D E R, page 1
Dockets.Justia.com

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION

OSCAR MADRIGAL SENCION,

) ) ) Plaintiff, ) ) v. ) SAXON MORTGAGE SERVICES INC., et ) ) al., ) ) Defendants. ___________________________________ )

Case No.: C 10-03108 PSG ORDER DENYING PLAINTIFF'S MOTION TO PERMIT COUNSEL TO APPEAR TELEPHONICALLY AT PLAINTIFF'S MOTION TO AMEND AND DEFENDANT SAXONS' MOTION TO DISMISS [Docket No. 44]

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Motion to Amend and Saxon's Motion to Dismiss and Motion to Strike.

Dated: December 28, 2010 PAUL S. GREWAL United States Magistrate Judge

OR D E R, page 2