Polishuk v. Sunrise Senior Living Management, LLC et al

Filing 16

ORDER Granting Plaintiff's Unopposed Request to Participate Telephonically at the Early Neutral Evaluation Conference. Signed by Magistrate Judge William V. Gallo on 5/19/16.(dlg)

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UNITED STATES DISTRICT COURT

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SOUTHERN DISTRICT OF CALIFORNIA

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PAUL POLISHUK,

Case No.: 16-CV-0910-GPC (WVG)
Plaintiff,

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ORDER GRANTING PLAINITFF’S
UNOPPOSED REQUEST TO
PARTICIPATE TELEPHONICALLY
AT THE EARLY NEUTRAL
EVALUATION CONFERENCE

v.
SUNRISE SENIOR LIVING
MANAGEMENT, LLC, et al.,

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Defendants.

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On April 15, 2016, the Court set an Early Neutral Evaluation (“ENE”) Conference
for May 27, 2016, at 9:00 a.m., before United States Magistrate Judge William V. Gallo,
United States Courthouse, Courtroom 2A, Second Floor, 221 West Broadway, San Diego,
California. (Doc. No. 4.) The Order provided that “[a]ll parties, adjusters for insured
defendants, and other representatives of a party having full and complete authority to enter
into a binding settlement, and the principal attorneys responsible for the litigation, must be
present in person and legally and factually prepared to discuss settlement of the case. See
S.D. Cal. Civ. L. R. 16.1(c).” Id. at 2 (emphasis in original).
On May 18, 2016, Plaintiff’s counsel lodged with the Court a written request to
excuse Plaintiff’s personal appearance at the ENE Conference. Plaintiff’s counsel explains
that Plaintiff resides at a Skilled Nursing Facility where he is being treated for a medical

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condition which limits his ability to sit up in a chair for more than two hours a day.

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Plaintiff’s counsel also notes that Plaintiff requires a tracheostomy tube and an oxygen

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tank. Plaintiff’s counsel states that Plaintiff will be available telephonically. Further,

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Plaintiff’s counsel represents that counsel for all Defendants have agreed that Plaintiffs’

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personal appearance at the ENE Conference is not necessary in light of his medical

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conditions.

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For good cause shown, the Court hereby GRANTS Plaintiff’s request to participate

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telephonically at the ENE Conference. Plaintiff’s counsel shall appear in person at the

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ENE Conference and shall have a telephone number where Plaintiff can be reached at the

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start of the Conference. Plaintiff shall be prepared to participate via telephone for the

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duration of the ENE Conference.

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IT IS SO ORDERED.

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Dated: May 19, 2016

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