Donahoo v. Omni Hotels Management Corporation et al

Filing 11

ORDER denying 8 Ex Parte Motion for Rosemary Donahoo to Appear Telephonically at the Early Neutral Evaluation Conference. Signed by Magistrate Judge Karen S. Crawford on 8/9/2016. (kcm)

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1 I -~-~~·"· 2 .. \ i' 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 ROSEMARY DONAHOO, Case No.: 16cv1340 JLS (KSC) Plaintiff, 12 13 v. 14 OMNI HOTELS MANAGEMENT CORPORATION, and DOES 1-10, 15 16 ORDER DENYING EX PARTE MOTION TO APPEAR TELEPHONICALLY AT ENE Doc. No.8 Defendant. 17 On July 28, 2016, plaintiff filed an ex parte Motion requesting permission to attend -18 19 the August 31, 2016 Early Neutral Evaluation conference ("ENE") telephonically. [Doc. 20 No.8.] Plaintiff asserts that she resides in "Aztec, New Mexico and apart from the costs to 21 22 23 24 25 26 27 28 travel to California for the ENE, she is not physically fit to make the trip." Id. at 2. Plaintiff asserts, inter alia, that she has limited mobility in her left ankle from the alleged injury and has significant pain requiring assistance to preform physical activities. Id. This Court has previously explained that all counsel and parties are required to personally attend ENE conferences. [Doc. No.7.] "One of the purposes of requiring a person with unlimited settlement authority to attend the conference is that the person's view of the case may be altered during the face-to-face conference." Id. at 2, citing Pitman v. Brinker Int'/, Inc., 216 F.R.D. 481, 485-86 (D. Ariz. 2003). 16cv1340 JLS (KSC) 1 Here, plaintiff has failed to provide adequate good cause for her request to appear 2 telephonically. Unsupported assertions from counsel regarding plaintiffs fitness to travel 3 and the "the risk ofphysical injury/exacerbation to [plaintiff] if she is required to personally 4 appear," are insufficient to establish good cause. Should plaintiff seek to renew the request 5 for a telephonic appearance, she must furnish a letter from a treating physician who has 6 evaluated plaintiff s condition within the past two months. The letter shall set forth, in 7 detail: (1) why plaintiff cannot travel by plane or car to the ENE conference; (2) what risks 8 of injury/exacerbation does plaintiff face ifshe travels by plane or car; (3) why the ascribed 9 risks are any greater than her daily activities; and, (4) why the risks associated with travel 10 cannot be mitigated through medical assistance devices such as a wheel chair. 11 Plaintiff filed the original Complaint in San Diego Superior Court in California, 12 which was removed to this Court on June 3, 2026. While she enjoys the benefits of 13 litigating in this District, she must also be prepared to comply with the corresponding rules 14 and responsibilities. Accordingly, the Joint Motion to appear telephonically at the August 15 31,2016 ENE is DENIED without prejudice. 16 IT IS SO ORDERED. 17 Dated: August 9, 2016 18 19 Hon. eh. Crawford United States Magistrate Judge 20 21 22 23 24 25 26 27 28 2 16cvl340 JLS (KSC)

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