Rubin v. Air China Limited

Filing 65

*** FILED IN ERROR. PLEASE SEE DOCKET # 66 ***

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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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SAN JOSE DIVISION
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ROBERT RUBIN,
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Plaintiff,
v.

United States District Court
For the Northern District of California

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AIR CHINA LIMITED and UNITED
AIRLINES INCORPORATED,

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Defendants.
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Case No.: 10-CV-05110-LHK

ORDER COMPELLING IN-PERSON
ATTENDANCE AT SETTLEMENT
CONFERENCE AND VACATING CASE
MANAGEMENT CONFERENCE

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In response to the Court’s prior Order, the parties agreed to participate in a Settlement

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Conference with Magistrate Judge Spero. Plaintiff represented to opposing counsel and to the

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Court that he agreed to participate in a Settlement Conference so long as it took place on or after

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September 19, 2011. See ECF No. 69. After Defendants scheduled a Settlement Conference with

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Magistrate Judge Spero for October 3, 2011, Plaintiff represented he would no longer be available

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in person because the Settlement Conference will take place in San Francisco instead of San Jose.

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See id.

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Plaintiff has failed to justify his unreasonable position. The Court takes judicial notice that

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the U.S. District Courthouse in San Francisco is 37.5 miles from the Ames Research Center, where

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Plaintiff works. The U.S. District Courthouse in San Jose in 11.1 miles away. The added distance

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is insufficient to justify failing to appear in person.

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Plaintiff is hereby ORDERED to attend the October 3, 2011 Settlement Conference in
person or show cause why he should not be found in contempt of Court.

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Case No.: 10-CV-05110-LHK
ORDER COMPELLING IN-PERSON ATTENDANCE AT SETTLEMENT CONFERENCE
AND VACATING CASE MANAGEMENT CONFERENCE

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The Case Management Conference set for August 31, 2011, is hereby VACATED. The
case schedule otherwise remains as set.

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IT IS SO ORDERED.

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Dated: August 30, 2011

_________________________________
LUCY H. KOH
United States District Judge

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United States District Court
For the Northern District of California

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Case No.: 10-CV-05110-LHK
ORDER COMPELLING IN-PERSON ATTENDANCE AT SETTLEMENT CONFERENCE
AND VACATING CASE MANAGEMENT CONFERENCE