United Brands Company, Inc. v. Anheuser-Bush, Inc.

Filing 46

ORDER Granting request for permission to appear telephonically at Early Neutral Evaluation Conference. The Anheuser-Busch representative is permitted to appear telephonically. Signed by Magistrate Judge William McCurine, Jr on 11/16/11.(ecs) (jrl).

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UNITED STATES DISTRICT COURT

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SOUTHERN DISTRICT OF CALIFORNIA

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UNITED BRANDS COMPANY, INC.,
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Plaintiff,
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v.
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ANHEUSER-BUSCH, INC.,
Defendant.

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Case No. 10-CV-2281 AJB (WMc)
ORDER GRANTING REQUEST FOR
PERMISSION TO APPEAR
TELEPHONICALLY AT EARLY
NEUTRAL EVALUATION CONFERENCE

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The Court has received Defendant’s letter request dated

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November 14, 2011, seeking the Court’s permission to allow the

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Defendant’s client representative to appear by telephone at the

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Early Neutral Evaluation Conference (“ENE”) scheduled for

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November 28, 2011.

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although the client representative is unable to personally appear

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due to complications of holiday travel, Defendant’s insurance

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company representative as well as counsel for Defendant intend to

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appear in person as ordered.

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Defendant’s showing of good cause.

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As noted in the November 14, 2011 letter,

Plaintiff’s have objected to

After careful consideration of Defendant’s request, the
Court finds good cause exists to allow Defendant’s client

10cv2281 AJB (WMc)

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representative to appear telephonically in light of the fact that

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Defendant’s attorney and insurance representative will be present

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in Judge McCurine’s courtroom on November 28, 2011.

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pursuant to Local Civil Rule 16.1(c)(1), the Court is required to

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hold an Early Neutral Evaluation Conference within 45 days of the

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filing of an answer.

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October 14, 2011.

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or beyond, as proposed by Plaintiff, lies beyond the 45-day

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deadline.

Moreover,

An answer was filed in this matter on

[Doc. No. 44]

A continuance to mid-December

Accordingly, the Court GRANTS Defendant’s request.

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ONLY the Anheuser-Busch representative is permitted to appear

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telephonically.

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representative’s contact information to the ENE so that the Court

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may reach the representative directly; and (2) notify the

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representative that they are to consider themselves “on-call” for

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the duration of the conference.

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Defendant’s counsel shall: (1) bring the

IT IS SO ORDERED.
DATED: November 16, 2011

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Hon. William McCurine, Jr.
U.S. Magistrate Judge
United States District Court

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10cv2281 AJB (WMc)