Pinchuk v. CIT Bank et al

Filing 126

ORDER Denying 125 Motion to Appear Telephonically but Continuing the Settlement Conference. The Settlement Conference is RESET for 5/29/2020 at 09:00 AM in LV Chambers before Magistrate Judge Elayna J. Youchah. ALL parties are directed to attend in person. The Settlement Brief is due no later than 5/22/2020 in accordance with the 124 Order Setting Settlement Conference. The deadline for any party to notify the Court they are unable to attend is set for 3/13/2020. Signed by Magistrate Judge Elayna J. Youchah on 3/3/2020. (Copies have been distributed pursuant to the NEF - DRS)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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STEVEN G. PINCHUK,

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Case No. 2:16-CV-02986-RFB-EJY

Plaintiff,
ORDER

v.
CIT BANK, N.A.; and EQUIFAX
INFORMATION SERVICES LLC,
Defendants.

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Before the Court is Plaintiff’s Request to Modify Order and be Permitted to Participate

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Telephonically in the Court Ordered Mandatory Settlement Conference. ECF No. 125. The request

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seeks to excuse Plaintiff from attending a settlement conference set on January 24, 2020 for March

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16, 2020. Plaintiff claims, on March 2, 2020, that travel for purposes of this settlement conference

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is extremely expensive and time consuming, he has already entered a vacation schedule with his

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employer that he has been asked not to change, and that the Coronavirus causes him concerns

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regarding travel.

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The Court finds that only the third reason given by Plaintiff is sufficient to warrant a change

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in the settlement schedule. The cost and time for travel has not changed since January 24, 2020, and

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it is Plaintiff who chose to bring a claim in the U.S. District Court for the District of Nevada.

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Plaintiff’s vacation schedule should have been well known long before today’s date and provides no

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excuse for his failure to appear. However, international travel is quite challenging at this time due

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to the Coronavirus. This, therefore, provides a basis for the Court to change the settlement

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conference date.

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Accordingly,

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IT IS HEREBY ORDERED that Plaintiff’s Request to Modify Order and be Permitted to

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Participate Telephonically in the Court Ordered Mandatory Settlement Conference (ECF No. 125)

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is DENIED.

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IT IS FURTHER ORDERED that the settlement conference set for March 16, 2020 is

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vacated and reset for May 29, 2020 at 9:00 a.m. All parties, including Plaintiff, must be present for

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this conference. This date provides Plaintiff substantial time to notify his employer of his need to

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travel, make travel plans, and allow for the dissipation of Coronavirus concerns.

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IT IS FURTHER ORDERED that the parties shall submit settlement brief to the Court no
later than May 22, 2020, in accordance with the Order issued on January 24, 2020.
IT IS FURTHER ORDERED that if any party is not available to attend the May 29, 2020
settlement conference, such party must notify the Court no later than March 13, 2020.

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DATED: March 3, 2020

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ELAYNA J. YOUCHAH
UNITED STATES MAGISTRATE JUDGE

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