Boles v. Delta Outsource Group, Inc.

Northern District of California, cand-4:2015-cv-02703

ORDER DENYING MOTIONS FOR TELEPHONIC APPEARANCE; CONTINUING CASE MANAGEMENT CONFERENCE; SETTING COMPLIANCE HEARING. Motions terminated: Denying {{20}} MOTION to Appear by Telephone at Initial Case Management Conference filed by Delta O utsource Group, Inc., Denying {{22}} MOTION to Appear by Telephone at Initial Case Management Conference filed by Michael Boles. Case Management Conference set for 11/16/2015 is CONTINUED to Monday, 11/30/2015 02:00 PM. Compliance hearing whether consent to a magistrate judge of their choice is warranted is set for 11/30/2015 at 09:01 AM in Courtroom 1, 4th Floor, Oakland before Hon. Yvonne Gonzalez Rogers. Joint Filing by 11/20/2015. Signed by Judge Yvonne Gonzalez Rogers on 11/10/15. Modified on 11/18/2015

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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 MICHAEL BOLES, 7 Case No. 15-cv-02703-YGR Plaintiff, 8 ORDER DENYING MOTIONS FOR v. TELEPHONIC APPEARANCE; CONTINUING 9 CASE MANAGEMENT CONFERENCE; DELTA OUTSOURCE GROUP, INC., SETTING COMPLIANCE HEARING 10 Defendant. Re: Dkt. Nos. 20, 22 11 12 The parties have both filed motions to appear by telephone at the initial Case Management Northern District of California United States District Court 13 Conference ("CMC") set for November 16, 2015. (Dkt. Nos. 20, 22.) The proffered bases for the 14 motions are essentially convenience and the view that the underlying action does not warrant a 15 personal appearance. (Id.) As this Court has advised through its standing order: 16 These conferences are intended to be substantive and productive. Accordingly, each party shall be represented at case management 17 conferences by counsel with authority to enter into stipulations and make admissions pursuant to Fed. R. Civ. P. 16(a) and (c), as well as 18 fully prepared to address all of the matters in the CAND CMC Order and Civil L.R. 16-10(b). Failure to do so shall be considered 19 grounds for sanctions. Because of the substantive quality of the initial case management conference, telephonic appearances are 20 disfavored. The Court will grant requests to appear by telephone only upon a compelling showing of good cause. The routine 21 inconveniences of travel do not constitute good cause. 22 Standing Order in Civil Cases § 6. Accordingly, the requests are DENIED. 23 Additionally, the Court has reviewed the parties' joint CMC statement and the pleadings in 24 this action and hereby CONTINUES the Case Management Conference to November 30, 2015 so 25 that the parties can determine whether consent to a magistrate judge of their choice and for all 26 purposes is warranted. The Northern District's use of magistrate judges for all purposes has been 27 hailed as the model for the United States. 28 In this regard, counsel shall personally review each magistrate judge's profile and discuss 1 the option with both opposing counsel and their clients. Profiles of each magistrate judge and 2 their respective locations can be found at: http://www.cand.uscourts.gov/judges. The Court 3 hereby SETS a compliance hearing on November 30, 2015 at 9:01 a.m. in the Federal Courthouse, 4 1301 Clay Street, Oakland, California, Courtroom 1. Counsel shall confirm compliance as 5 follows: by November 20, 2015, the parties shall file either: (1) a joint stipulation to a magistrate 6 judge for all purposes, or (2) a joint statement verifying counsel have personally reviewed each 7 magistrate judge's profile and have discussed the options as directed but have been unable to reach 8 consensus. If compliance is complete, the parties need not appear and the compliance hearing will 9 be taken off calendar. Failure to file the required joint filing may result in sanctions. If the parties 10 have not stipulated to a magistrate judge, the CMC will proceed before the undersigned as 11 scheduled herein. 12 This Order terminates Docket Numbers 20, 22. Northern District of California United States District Court 13 IT IS SO ORDERED. 14 Dated: November 10, 2015 15 ______________________________________ YVONNE GONZALEZ ROGERS 16 UNITED STATES DISTRICT COURT JUDGE 17 18 19 20 21 22 23 24 25 26 27 28 2