Free Motion for Miscellaneous Relief - District Court of California - California

Case 3:08-cv-00480-L-RBB

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DOLL AMIR & ELEY, LLP GREGORY L. DOLL (SBN 193205) MICHAEL M. AMIR (SBN 204491) RON ST. MARIE (SBN 101398) 1888 Century Park East Suite 1106 Los Angeles, California 90067 Telephone: (310) 557-9100 Facsimile: (310) 557-9101 BOYLE FREDRICKSON, .S.C. Adam L. Brookman Mollie A. Newcomb 840 Plankinton Avenue Milwaukee, Wisconsin 53203 Telephone: (414) 225-9755 Facsimile: (414) 225-9753 Attorneys for Defendant WEYCO GROUP, INC. UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA OAKLEY, INC., Plaintiff, vs. WEYCO GROUP, INC., a Wisconsin Corporation, dba NUNN BUSH, Defendant. CASE NO. 08CV00480-L-RBB DEFENDANT WEYCO GROUP, INC.'S EX PARTE APPLICATION TO EXCUSE THE PERSONAL APPEARANCE OF OUT-OF-STATE PARTY REPRESENTATIVE AT THE EARLY NEUTRAL EVALUATION

Defendant Weyco Group, Inc. ("Weyco") respectfully submits this ex parte application seeking an order to excuse the personal appearance of a Weyco representative at the Early Neutral Evaluation Conference (the "ENEC"). /// /// ///
1 EX PARTE APPLICATION SUBMITED BY WEYCO GROUP, INC.

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I. THERE IS "GOOD CAUSE" TO GRANT THIS APPLICATION Local Rule 16.1(c)(1) states that "counsel and the parties shall appear" at the

4 ENEC. The Court may excuse attendance if there is a showing of "good cause." 5 Local Rule 16.1(c)(1)(a). There is "good cause" to excuse the personal appearance of 6 a Weyco representative. 7

Weyco is a Wisconsin corporation with its principal place of business in

8 Glendale, Wisconsin. It has no representatives in California who are in the position 9 to negotiate a settlement and enter into a binding settlement, as required by the Local 10 Rule. Accordingly, to comply with the Local Rule and the Court's order regarding 11 the ENEC, Weyco would have to incur the cost of flying a qualified representative 12 from Wisconsin to California along with the attendant loss of that representative's 13 time. 14

The small amount in dispute in the instant case does not justify the costs

15 associated with sending a representative to California. Specifically, the maximum 16 amount in dispute is less than $20,000. That is, even if Plaintiff prevails, it will 17 recover less than $20,000. Weyco is already bearing the cost associated with an out18 of-state litigation that it deems baseless. It should not have to bear additional costs. 19
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The absence of a Weyco representative will not impact Weyco's willingness or

20 ability to participate in the ENEC. Weyco will have a representative available 21 telephonically with full authority to negotiate and enter into a settlement. Weyco will 22 also be represented at the ENEC by its lawyer, who will be intimately familiar with 23 the facts of this case and will work, in good faith, with the Court and Plaintiff toward 24 reaching a resolution. 25 / / / 26 / / / 27 Plaintiff may claim that the amount in issue is higher since it asserts a claim for counterfeiting. 28 However, such a claim is meritless, potentially even frivolous, under any interpretation of the actual facts.
2 EX PARTE APPLICATION SUBMITTED BY WEYCO GROUP, INC.
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II. CONCLUSION In light of the foregoing, Weyco respectfully requests that the Court grant this

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3 EX PARTE APPLICATION SUBMITTED BY WEYCO GROUP, INC.

Dated: June 20, 2008

Respectively submitted, DOLL AMIR & ELEY, LLP BOYLE FREDRICKSON, .S.C.

By: s/ Michael M. Amir MICHAEL M. AMIR Attorneys for Defendant E-mail: [email protected]

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PROOF OF SERVICE STATE OF CALIFORNIA, COUNTY OF LOS ANGELES I am employed in the County of Los Angeles, State of California. I am over the age of 18 and not a party to the within action; my business address is 1888 Century Park East, Suite 1106, Los Angeles, California 90067. On June 20, 2008, I served the foregoing document(s) described as: DEFENDANT WEYCO GROUP, INC.'S EX PARTE APPLICATION TO EXCUSE THE PERSONAL APPEARANCE OF OUT-OF-STATE PARTY REPRESENTATIVE AT THE EARLY NEUTRAL EVALUATION on the parties in this action by serving: Gregory L. Weeks, Esq. Janet Robertson Kaufman, Esq. Gregory K. Nelson, Esq. Chandler L. Weeks, Esq. WEEKS, KAUFMAN, NELSON & JOHNSON 462 Stevens Avenue, Suite 310 Solana Beach, CA 92075 T: (858) 794-2140 F: (858) 794-2141 E: [email protected] ( ) By Envelope: by placing ( ) the original ( ) a true copy thereof enclosed in sealed envelopes addressed as above and delivering such envelopes: ( ) By Personal Service: I delivered such envelope by hand to the offices of the addressee(s).

( ) By Facsimile Transmission: On June 20, 2008, I caused the above-named document to be transmitted by facsimile transmission to the offices of the addressee(s) at the facsimile number(s) so indicated above. The transmission was reported as complete and without error. ( ) By Electronic Mail: I scanned and submitted an electronic versions of the document via electronic mail to the attached Service List and confirmed receipt of the e-mail. ( X ) By Electronic Filing: Based upon my training and experience with electronic filing in the federal courts, it is my understanding that a copy of this Document, upon its submission to the Court, will be electronically served on the addressees. Executed on June 20, 2008 at Los Angeles, California. ( ) STATE I declare under penalty of perjury under the laws of the State of California that the above is true and correct. (X) FEDERAL I declare that I am employed in the office of a member of the bar of this court at whose direction the service was made. s/ Susan Reimers Susan Reimers .