Marketing Info v. Board of Trustees, et al

Filing 16

MOTION ENE Conference or Status Conference by Marketing Information Masters, Inc.. (Goonan, Gregory)

Marketing Info v. Board of Trustees, et al

Doc. 16

1 Gregory P. Goonan (Cal. Bar #119821) 2 600 West Broadway, Suite 400 3 Tel: [phone] 10 11 12 Marketing Information Masters, Inc., a 13 14 15
California corporation, Plaintiff, vs. The Board of Trustees of the California State through its subdivision San Diego State individual, Case No. 06 CV 1682 JAH (JMA) UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA San Diego, CA 92101 Fax: [phone] Attorneys for Plaintiff The Affinity Law Group APC

5 Marketing Information Masters , Inc.

16 University System, a public entity acting 17 University; and Robert A. Rauch, an 18 19 20 21
Defendants.

PLAINTIFF'S REQUEST FOR AN EARLY NEUTRAL EVALUATION CONFERENCE AND/OR STATUS CONFERENCE

Plaintiff Marketing Information Masters, Inc. ("Plaintiff") hereby requests that the Court

22 schedule and conduct an Early Neutral Evaluation Conference ("ENE") and/or a status conference 23 in this matter. 24 25 26 27

Pursuant to Local Rule 16.1(c) , an ENE or status conference usually is held within 45 days

after the filing of a response to a plaintiff's complaint. In this case, Defendants filed their initial responses (by way of FRCP 12(b)(6)) motions) on or about September 14, 2006. Defendants'

28 initial 12(b)(6) motions were denied.
____________________________________________________________________________________________ PLAINTIFF'S REQUEST FOR ENE CONFERENCE -1 Dockets.Justia.com

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Defendants thereafter renewed their FRCP 12(b)(6) motions on November 20, 2006. The

2 briefing in connection with Defendants' second FRCP 12(b)(6) motion has been completed, and 3 the Court has taken the motion under submission. The pending FRCP 12(b)(6) motion raises 4
complicated issues of sovereign immunity and the constitutional relationship between Congress

5 6 7 9

and the states, so there is no way to predict when a decision on the pending motion will be forthcoming. However, Plaintiff anticipates that it could take a substantial amount of time for the

8 Court to consider and decide th e pending motion.
Plaintiff believes that it is in the interests of efficient case management and judicial

10 economy that an ENE Conference and/or status conference be held in this case so that the parties 11 can discuss possible settlement and/or case scheduling. Plaintiff believes that this case is at the 12 13 14 15 17
allow the parties to fully explore settlement options with the assistance of the Court. Of course, if a settlement can be reached, the Court can save a substantial amount of time working on the

stage where settlement is most probable , so an ENE Conference should be scheduled forthwith to

16 pending FRCP 12(b)(6) motions.
If an early settlement cannot be reached, P laintiff is interested in proceeding with

18 discovery as soon as possible, especially given that information learned through discovery may be 19 directly relevant to certain issues raised by Defendants' pending FRCP 12(b)(6) motion. 20 21 22
Discovery also is required in order to allow Plaintiff to determine whether it is necessary and appropriate for Plaintiff to add additional parties as defendants in this case.

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____________________________________________________________________________________________ PLAINTIFF'S REQUEST FOR ENE CONFERENCE -2 -

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1

Accordingly, in light of the foregoing and pursuant to the provisions of Local Rule

2 16.1(c)(1), Plaintiff hereby requests that the Court schedule an ENE Conference, discovery 3 c onference and/or status/c ase management conference at the earliest possible date available on the 4 Court's calendar. 5 6 DATED: March 30, 2007 7 8 9 10 11 12 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
____________________________________________________________________________________________ PLAINTIFF'S REQUEST FOR ENE CONFERENCE -3 -

THE AFFINITY LAW GROUP APC

By: /s/ Gregory P. Goonan Gregory P. Goonan Attorneys for Plaintiff Marketing Information Masters, Inc.

Certificate of Service

The undersigned hereby certifies that on this 30th day of March 2007, a true and accurate 13 copy of the attached document was electronically filed with the Court, to be served by operation of the Court's electronic filing system, upon the following: Jonathan S. Pink, Esq. Lewis Brisbois Bisgaard & Smith LLP 650 Town Center Drive, Suite 1400 Costa Mesa, CA 92626 Attorneys for Defendants

__/s/ Gregory P. Goonan_