Free Motion to Continue - District Court of California - California

Case 3:08-cv-00640-JAH-BLM

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Filed 05/05/2008

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1 Paula J. Jacobi, Esq. Shelly A. DeRousse, Esq. 2 Sugar, Friedberg, & Felsenthal 3 30 N. La Salle Street, Suite 3000 Chicago, Illinois 60602 4 Telephone: (312) 704-9400 Facsimile: (312) 372-7951 5 Philip H. Dyson, Esq. 6 Amy Morketter, Esq. 7 Philip H. Dyson Law Offices 8461 La Mesa Blvd 8 La Mesa, CA 91941 Telephone: (619) 462-3311 9 Facsimile: (619) 462-3382 10 11 12 MICHAEL HAND, 13 14 15 16 17 18 19 20 21 22 IN THE UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA ) ) Plaintiff ) v. ) ) LIBERTY LIFE ASSURANCE COMPANY ) OF BOSTON, FLOYD OLSON and ) BARBARA E. COFFMAN ) ) Defendants. )

Case No. 08cv0640-JAH (BLM) UNOPPOSED APPLICATION TO RESCHEDULE THE SETTLEMENT CONFERENCE

Floyd Olson and Barbara E. Coffman ("Defendants"), through their undersigned attorney, respectfully request that the Court reschedule the Settlement Conference scheduled for June 4, 2008, and in support state as follows: 1. On April 29, 2008, the Court held a telephonic Early Neutral Evaluation

23 Conference ("ENE") in this action. 24 2. Based on the ENE, on April 30, 2008, the Court entered an order which,

25 among other things, set a mandatory Settlement Conference for June 4, 2008 at 9:30 a.m. 26 27
UNOPPOSED APPLICATION TO RESCHEDULE SETTLEMENT CONFERENCE 1

Case 3:08-cv-00640-JAH-BLM

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Filed 05/05/2008

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1 The order requires the parties and their attorneys to personally appear at the Settlement 2 Conference. 3 4 5 6 3. Counsel for Defendants, Paula Jacobi, who has handled this case from the

outset, is located in Chicago, Illinois. Initially, Chicago counsel anticipated that San Diego counsel would attend the Settlement Conference with Defendants. However, Defendants

7 have now advised Chicago counsel that they want Chicago counsel to attend the Settlement 8 Conference because of her knowledge regarding the facts of the case and having already 9 spoken with some potential witnesses. 10 11 12 13 14 15 attached as Exhibit A. It is impossible for her to attend both the court matter in Lake County, Illinois and the Settlement Conference on June 4th. Jacobi Declaration. 5. Ms. Jacobi will, however, be in California (north of Los Angeles) on family 4. On June 4, 2008, Defendants' counsel, Paula Jacobi, has a previously

scheduled court matter she must attend in Lake County, Illinois. See Jacobi Declaration,

16 matters from June 16 through June 27, 2008 and can drive down to San Diego and attend the 17 Settlement Conference on any of the following days: June 17-19 and June 24-26, 2008. 18 19 20 21 Jacobi Declaration. Allowing Defendants to appear when their counsel will already be in the area will save costs in defending this action as well, which, given the small amount involved in this case and the limited resources of the clients, Counsel for Defendants needs

22 to conserve costs when able. 23 6. On May 5, 2008, counsel for the parties had a meet and confer teleconference

24 pursuant to Local Rule 26.1 to discuss rescheduling the Settlement Conference date. 25 26 27
UNOPPOSED APPLICATION TO RESCHEDULE SETTLEMENT CONFERENCE 2

7.

The Plaintiff's counsel has informed Defendants that he has no objection to

this Application to reschedule the Settlement Conference. See DeRousse Declaration,

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1 attached as Exhibit B. The Plaintiff and Plaintiff's counsel are available on June 17-19 and 2 June 24-26, 2008, but the dates of June 24-26, 2008 work the best for them. 3 4 5 6 7 8. Defendants believe that that there is good cause to reschedule the Settlement

Conference based on the facts set forth below. Their request is not sought for any purpose of delay. 9. Accordingly, Defendants requests that the Court reschedule the Settlement

8 Conference. 9 10 11 12 13 14 15 Paula K. Jacobi, Esq. Shelly A. DeRousse, Esq. 16 Sugar, Friedberg & Felsenthal 30 North LaSalle Street, Suite 3000 17 Chicago, Illinois 60602 Telephone: (312) 704-9400 (312) 372-7951 18 Fax: 19 Philip H. Dyson, Esq. Amy Morketter, Esq. 20 Philip H. Dyson Law Offices 8461 La Mesa Blvd 21 La Mesa, CA 91941 22 Telephone: (619) 462-3311 Facsimile: (619) 462-3382 23 24 25 26 27
UNOPPOSED APPLICATION TO RESCHEDULE SETTLEMENT CONFERENCE 3

WHEREFORE, Floyd Olson and Barbara A. Coffman respectfully request entry of an Order rescheduling the Settlement Conference. Respectfully Submitted, FLOYD OLSON & BARBARA E. COFFMAN /s/ Paula K. Jacobi One of their attorneys