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Juarez v. AFNI

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA


July 15, 2010

ISRAEL JUAREZ, PLAINTIFF,
v.
AFNI, INC. AFNI AND DOES 1 THROUGH 10, INCLUSIVE, DEFENDANTS.

The opinion of the court was delivered by: Barbara L. Major United States Magistrate Judge

ORDER DENYING EX PARTE APPLICATION OF DEFENDANT TO APPEAR TELEPHONICALLY AT THE JULY 23, 2010 EARLY NEUTRAL EVALUATION CONFERENCE ECF No. 6

By application dated July 15, 2010, Defendant AFNI, Inc. requests permission to appear telephonically at the July 23, 2010 Early Neutral Evaluation Conference ("ENE"). ECF No. 6. Defendant argues that good cause exists because its representative resides in Bloomington, Illinois and the costs associated with traveling to this district far outweigh the value of any possible settlement of this case and the damages Plaintiff alleges. Id. Defendant's counsel submits that Plaintiff does not oppose the request. ECF No. 6-2.

As this Court explained in its order scheduling the ENE, personal attendance is required absent extraordinary circumstances. ECF No. 4. The Court finds that the justification set forth by Defendant does not constitute extraordinary circumstances and, therefore, DENIES Defendant's application.

All parties with full settlement authority shall appear in person for the July 23, 2010 ENE. Failure to appear may result in the imposition of sanctions.

IT IS SO ORDERED.

20100715

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