Montoya v. Comcast Corporation

Filing 28

ORDER CONTINUING CASE MANAGEMENT CONFERENCE re 27 . Case Management Statement due by 3/30/2016. Case Management Conference set for 4/6/2016 10:00 AM in Courtroom 7, 4th Floor, San Jose. Signed by Judge Nathanael Cousins on 3/3/2016. (lmh, COURT STAFF) (Filed on 3/3/2016)

1 Mark S. Spring, State Bar No. 155114
[e-mail]
2 Teresa W. Ghali, State Bar No. 252961
[e-mail]
3 CAROTHERS DISANTE & FREUDENBERGER LLP
900 University Avenue, Suite 200
4 Sacramento, California 95825
Telephone: [phone]
5 Facsimile: [phone]
6 Attorneys for Defendants
Comcast Corporation and Comcast Cable Communications
7 Management, LLC
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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE DIVISION

11 DAVIN MONTOYA,
Plaintiff,

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vs.
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COMCAST CORPORATION; COMCAST
14 CABLE COMMUNICATIONS
MANAGEMENT, LLC,
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Defendants.
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Case No. 5:15-cv-02026-NC
Assigned for All Purposes To:
Magistrate Judge Nathanael Cousins
DEFENDANTS’ REQUEST FOR
TELEPHONIC APPEARANCE AT CASE
MANAGEMENT CONFERENCE;
[PROPOSED] ORDER CONTINUING
CASE MANAGEMENT CONFERNCE
Date: March 23, 2016
Time: 10:00 a.m.
Ctrm: 7, 4th Floor

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Case No. 5:15-cv-02026-NC
REQUEST FOR TELEPHONIC APPEARANCE
AT CMC; [PROPOSED] ORDER
1049921.1

Pursuant to Civil L.R. 16-10(a), Defendants Comcast Corporation and Comcast Cable

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2 Communications Management, LLC (“Defendants” or “Comcast”) hereby respectfully request that
3 the Court permit Mark S. Spring, lead counsel for Defendants, to appear by telephone at the Case
4 Management Conference set for Wednesday, March 23, 2016 at 10:00 a.m.. Mr. Spring is
5 scheduled to be on a prepaid, preplanned 5-day vacation in out of the country from March 19 to
6 March 23, 2016. Teresa W. Ghali, who is the second chair attorney for Defendants, will appear in
7 person at the March 23, 2016 CMC.
In the alternative, Defendants request the Court continue the Case Management Conference

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9 by two weeks to April 6, 2016, in which case Mr. Spring can appear in person.
Defendants request leave to allow Mr. Spring to appear telephonically because (a) he will

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11 be on a pre-planned trip out of the country at the time of the March 23, 2016 CMC, and (b) can
12 make himself available by telephone at that time.
At the time the parties jointly requested a continuance of the CMC from February 24, 2016

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14 to March 23, 2016 (a request the Court subsequently granted), defense counsel did not realize that
15 the requested date fell on a date when Mr. Spring would be out of the country. Defense counsel
16 apologizes for this oversight. Defendants therefore request that the Court permit Mr. Spring to
17 appear telephonically, with second chair attorney, Teresa Ghali appearing in person on March 23,
18 2016. Plaintiff’s counsel has been informed of this request, and does not oppose it.
In the alternative, both lead counsel are available to personally appear for a CMC on April

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20 6, 2016.
21 Dated: March 2, 2016

CAROTHERS DISANTE & FREUDENBERGER LLP

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By: /s/ Mark S. Spring
Mark S. Spring

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Attorneys for Defendants
Comcast Corporation and Comcast Cable Communications
Management, LLC

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1049921.1

Case No. 5:15-cv-02026-NC
REQUEST FOR TELEPHONIC APPEARANCE
AT CMC; [PROPOSED] ORDER

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ALTERNATE PROPOSED ORDER
Defendants request that Mark S. Spring be permitted to appear telephonically at the Case

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4 Management Conference on Wednesday, March 23, 2016 at 10:00 a.m. is denied. Instead the Case
__________
5 Management Conference is rescheduled for April 6, 2016and Mr. Spring should appear in person at
6 that time. Updated case management statement due March 30, 2016.
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8 IT IS SO ORDERED.

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UNIT
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March 3, 2016

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NO
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M. Cousin

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thanael
Judge Na

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R NIA

___________________________________
U.S. MAGISTRATETED
JUDGE
GRAN
NATHANAEL COUSINS

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S DISTRICT
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1049921.1

Case No. 5:15-cv-02026-NC
REQUEST FOR TELEPHONIC APPEARANCE
AT CMC; [PROPOSED] ORDER