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Sial v. Unifund CCR Partners

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA


July 7, 2008

ASIF A. SIAL, AN INDIVIDUAL, PLAINTIFF,
v.
UNIFUND CCR PARTNERS; AND DOES 1 THROUGH 10 INCLUSIVE, DEFENDANTS.

The opinion of the court was delivered by: Cathy Ann Bencivengo United States Magistrate Judge

ORDER DENYING EX PARTE REQUEST TO APPEAR TELEPHONICALLY [Doc. No. 9.]

On June 30, 2008, this Court issued a Notice and Order for an Early Neutral Evaluation Conference on August 8, 2008. The Order required the parties, or a party representative with full settlement authority, to appear personally. [Doc. No. 6 at 1-2.] On July 3, 2008, Defendants filed an ex parte request for their party representative to appear telephonically. Defendants stated that Counsel for Plaintiff did not consent to the request. [Doc. No. 9 at 2.]

Unless there are extraordinary circumstances, persons required to attend the conference shall not be excused from personal attendance. Defendants' party representative is located in Ohio and Defendants claims "[i]t would place an undue burden of time and expense on Unifund to fly the representative across the country to attend the conference in person." [Doc. No. 9 at 2.] However, as stated in the June 30, 2008 Order, "[i]n and of itself, having to travel a long distance to appear in person is not 'extraordinary.'" [Doc. No. 6 at 3.] Accordingly, because Defendants have failed to demonstrate extraordinary circumstances, the ex parte request is DENIED.

IT IS SO ORDERED.

20080707

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