Schmidt v. Air California Adventure, Inc. et al

Filing 11

ORDER granting Joint 10 Motion to Continue Early Neutral Evaluation and Case Management Conference. Case Management Conference set for 9/28/2020 at 2:00 PM before Magistrate Judge Allison H. Goddard. Early Neutral Evaluation set for 9/28/2020at 02:00 PM before Magistrate Judge Allison H. Goddard. Signed by Magistrate Judge Allison H. Goddard on 9/8/20. (dlg)

Case 3:20-cv-01294-MMA-AHG Document 11 Filed 09/08/20 PageID.54 Page 1 of 3

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UNITED STATES DISTRICT COURT

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SOUTHERN DISTRICT OF CALIFORNIA

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STEPHEN SCHMIDT,

Case No.: 3:20-cv-01294-MMA-AHG
Plaintiff,

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v.

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AIR CALIFORNIA ADVENTURE, INC.,

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ORDER GRANTING JOINT
MOTION TO CONTINUE EARLY
NEUTRAL EVALUATION
CONFERENCE AND CASE
MANAGEMENT CONFERENCE

Defendants.

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[ECF No. 10]

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3:20-cv-01294-MMA-AHG

Case 3:20-cv-01294-MMA-AHG Document 11 Filed 09/08/20 PageID.55 Page 2 of 3

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This matter comes before the Court on the parties’ Joint Motion to Continue the
Early Neutral Evaluation Conference (“ENE”). ECF No. 10.

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Parties seeking to continue the ENE must demonstrate good cause. See ECF No. 5

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at 6 (“An ENE may be rescheduled only upon a showing of good cause”); Chmb.R. at 2

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(stating that any request for continuance requires “[a] showing of good cause for the

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request”); see also Fed. R. Civ. P 16(b)(4) (“A schedule may be modified only for good

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cause and with the judge’s consent”). “Good cause” is a non-rigorous standard that has

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been construed broadly across procedural and statutory contexts. Ahanchian v. Xenon

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Pictures, Inc., 624 F.3d 1253, 1259 (9th Cir. 2010). The good cause standard focuses on

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the diligence of the party seeking to amend the scheduling order and the reasons for

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seeking modification. Johnson v. Mammoth Recreations, Inc., 975 F.2d 604, 609 (9th

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Cir. 1992).

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Here, the parties explain that defense counsel’s son has tested positive for

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COVID-19 and is symptomatic. ECF No. 10 at 2. As a result, defense counsel must self-

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quarantine and is unable to meet with his clients. Moreover, counsel must care for his son

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and has begun experiencing symptoms himself, hampering his ability to participate in the

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upcoming ENE even remotely. Id.

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Upon due consideration, the Court finds good cause to continue the ENE and Case

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Management Conference (“CMC”) and accordingly GRANTS the Motion. The Court

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hereby VACATES the ENE and CMC set for September 11, 2020 and all related deadlines,

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and RESETS the ENE and CMC for September 28, 2020 at 2:00 PM.

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As before, the ENE and CMC will take place via videoconference using the Court’s

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official Zoom account. The parties are instructed to review the Court’s prior Order setting

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the ENE and CMC (ECF No. 5) for guidance on how to use Zoom. Additionally, the Court

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RESETS the following deadlines related to the ENE and CMC:

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(1) The parties’ confidential ENE statements (see ECF No. 5 ¶ 3) are due no later
than September 23, 2020.
(2) The parties must email the Court all the information required by ¶ 5.E. of the
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Case 3:20-cv-01294-MMA-AHG Document 11 Filed 09/08/20 PageID.56 Page 3 of 3

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Court’s prior order (ECF No. 5) no later than September 23, 2020 at

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[e-mail].

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(3) The parties timely filed their Joint Case Management Statement on

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August 31, 2020 (ECF No. 8) and are not required to submit a new one for

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purposes of case scheduling during the CMC.

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(4) All other requirements set forth in the Court’s initial order setting the ENE and

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CMC (e.g., attendance by parties with full settlement authority, requirements for

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continuance requests, etc.) remain in place, except as explicitly modified herein.

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IT IS SO ORDERED.

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Dated: September 8, 2020

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