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Robert Rubin v. Air China Limited and United Airlines Incorporated

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION


August 30, 2011

ROBERT RUBIN,
PLAINTIFF,
v.
AIR CHINA LIMITED AND UNITED AIRLINES INCORPORATED,
DEFENDANTS.

The opinion of the court was delivered by: Lucy H. Koh United States District Judge

ORDER COMPELLING IN-PERSON ATTENDANCE AT SETTLEMENT CONFERENCE AND VACATING CASE MANAGEMENT CONFERENCE

In response to the Court's prior Order, the parties agreed to participate in a Settlement Conference with Magistrate Judge Spero. Plaintiff represented to opposing counsel and to the 17 Court that he agreed to participate in a Settlement Conference so long as it took place on or after 18 September 19, 2011. See ECF No. 69. After Defendants scheduled a Settlement Conference with 19 Magistrate Judge Spero for October 3, 2011, Plaintiff represented he would no longer be available 20 in person because the Settlement Conference will take place in San Francisco instead of San Jose. 21

See id. 22

Plaintiff has failed to justify his unreasonable position. The Court takes judicial notice that 23 the U.S. District Courthouse in San Francisco is 37.5 miles from the Ames Research Center, where 24 Plaintiff works. The U.S. District Courthouse in San Jose in 11.1 miles away. The added distance 25 is insufficient to justify failing to appear in person. 26

Plaintiff is hereby ORDERED to attend the October 3, 2011 Settlement Conference in 27 person or show cause why he should not be found in contempt of Court. 28

The Case Management Conference set for August 31, 2011, is hereby VACATED. The case schedule otherwise remains as set.

IT IS SO ORDERED.

20110830

© 1992-2011 VersusLaw Inc.



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