Barba de la Torre et al v. Icenhower et al

Filing 39

ORDER granting in part Plaintiffs' ex parte application to continue the telephonic Early Neutral Evaluation Conference 38 and VACATES the ENE scheduled for February 24, 2010. The Court will conduct a telephonic, attorneys-only Case Management Conference on May 24, 2010 at 9:15 a.m. Signed by Magistrate Judge Barbara Lynn Major on 2/17/2010. (All non-registered users served via U.S. Mail Service)(tkl) (jrl).

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 MARTHA MARGARITA BARBA DE TORRE and ALEJANDRO DIAZ, Plaintiffs, v. JERRY L. ICENHOWER, et al., Defendants. LA ) ) ) ) ) ) ) ) ) ) ) Case No. 09cv1161-BTM (BLM) ORDER (1) GRANTING IN PART PLAINTIFFS' EX PARTE APPLICATION, (2) VACATING EARLY NEUTRAL EVALUATION CONFERENCE AND (3) SETTING TELEPHONIC CASE MANAGEMENT CONFERENCE [Doc. No. 38] UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA On February 16, 2010, Plaintiffs filed an ex parte application to continue the telephonic Early Neutral Evaluation Conference ("ENE") scheduled for February 24, 2010. Doc. No. 38. Plaintiffs state that they intend to file a motion for reconsideration of District Judge Barry T. Moskowitz's February 2, 2010 order. Id. Therefore, they request that the ENE be continued until after Judge Moskowitz rules on this motion and Defendants' pending motion for summary judgment. Id. In light of the status of the pleadings, the Court finds it inappropriate to convene an ENE at this time. See Civil Local Rule 16.1(c)) (explaining that the judicial officer shall hold [conferences] as he or she deems appropriate."). 09cv1161-BTM (BLM) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Therefore, the Court GRANTS IN PART Plaintiffs' ex parte application and VACATES the ENE scheduled for February 24, 2010. The Court will conduct a telephonic, attorneys-only Case Management Conference on May 24, 2010 at 9:15 a.m. initiate the conference call. The Court will Failure of required counsel to participate may result in the imposition of sanctions. IT IS SO ORDERED. DATED: February 17, 2010 BARBARA L. MAJOR United States Magistrate Judge -2- 09cv1161-BTM (BLM)

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