Free Motion for Leave to Appear - District Court of California - California

Case 3:08-cv-00066-WQH-JMA

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Filed 03/04/2008

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1 TOMIO B. NARITA (SBN 156576) 2 SIMMONDS & NARITA LLP

JEFFREY A. TOPOR (SBN 195545) 44 Montgomery Street, Suite 3010 Telephone: (415) 283-1000 [email protected]

3 San Francisco, CA 94104-4816 4 Facsimile: (415) 352-2625 5 [email protected]

6 Attorneys for Defendants

7 Wolpoff & Abramson, LLP 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

Palisades Collection, LLC and

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA JOSEPH RHOAN AND MARIA RHOAN, Plaintiffs, vs. PALISADES COLLECTION, L.L.C AND WOLPOFF & ABRAMSON, L.L.P., Defendants. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) CASE NO. 08CV0066 WQH JMA EX PARTE APPLICATION OF DEFENDANTS FOR PERMISSION TO APPEAR TELEPHONICALLY AT ENE CONFERENCE

RHOAN ET AL. V. PALISADES COLLECTION, LLC ET AL. (CASE NO. 08CV0066 W QH JMA) EX PARTE APPLICATION FOR TELEPHONIC APPEARANCE

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Case 3:08-cv-00066-WQH-JMA

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Defendants Palisades Collection, LLC ("Palisades") and Wolpoff &

2 Abramson, LLP ("W&A") (collectively, "Defendants") submit the following Ex 3 Parte Application For Permission to Appear Telephonically at the Early Neutral 4 Evaluation Conference. 5 6 7

EX PARTE APPLICATION Palisades' representative with settlement authority is located in New Jersey

8 and W&A's representative with settlement authority is located in Maryland. It 9 would place an undue financial burden on Defendants to fly those representative 10 across the country to attend the conference in person. For this reason, Defendants 11 seek permission from the Court to appear telephonically at the Early Neutral 12 Evaluation Conference on April 2, 2008 at 10:00 a.m. Counsel for Defendants will 13 appear in person, and will have Defendants' representatives on telephone standby 14 throughout the conference. 15 16 17

MEMORANDUM IN SUPPORT OF APPLICATION Pursuant to the Court's Order of February 21, 2008 setting this action for an

18 Early Neutral Evaluation Conference, Defendants respectfully request that their 19 representatives be permitted to appear by telephone at the ENE conference. The 20 undersigned counsel for Defendants will appear in person. 21

Defendants take their obligations under the Court's ENE Order seriously, and

22 they are prepared to participate in good faith in the ENE conference in order to 23 discuss resolution of the action. However, Palisades' representative with settlement 24 authority is located in New Jersey and W&A's representative with settlement 25 authority is located in Maryland, and it would therefore place an undue financial 26 burden on Defendants to fly the representative across the country to attend the 27 conference in person. Defendants' representatives agree to remain available by 28 telephone even after normal business hours, until released by the Court.
RHOAN ET AL. V. PALISADES COLLECTION, LLC ET AL. (CASE NO. 08CV0066 W QH JMA) EX PARTE APPLICATION FOR TELEPHONIC APPEARANCE

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Based on the foregoing, Defendants respectfully request that they be released

2 from their obligation to personally attend the ENE session, and that they may remain 3 on telephone standby throughout the conference while their counsel attends in 4 person. 5 6 DATED: February 27, 2008 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
RHOAN ET AL. V. PALISADES COLLECTION, LLC ET AL. (CASE NO. 08CV0066 W QH JMA) EX PARTE APPLICATION FOR TELEPHONIC APPEARANCE

SIMMONDS & NARITA LLP TOMIO B. NARITA JEFFREY A. TOPOR

By:___/Tomio B. Narita/_____________ Tomio B. Narita Attorneys for Defendants

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PROOF OF SERVICE

I, Tomio B. Narita, hereby certify that: I am employed in the City and County of San Francisco, California. I am over

5 the age of eighteen years and not a party to this action. My business address is 44 6 Montgomery Street, Suite 3010, San Francisco, California 94104-4816. I am counsel 7 of record for the defendants in this action. 8

On March 4, 2008, I caused the EX PARTE APPLICATION OF

9 DEFENDANTS FOR PERMISSION TO APPEAR TELEPHONICALLY AT 10 ENE CONFERENCE to be served upon the parties listed below via the Court's 11 Electronic Filing System: 12 13 VIA ECF 14 Joshua Swigart

15 [email protected]

[email protected] Counsel for Plaintiff

16 17 18 19 20 21 22 23 24 25 26 27 28

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed at San Francisco, California on this 4th day of March, 2008. By: s/Tomio B. Narita Tomio B. Narita Attorneys for Defendants

RHOAN ET AL. V. PALISADES COLLECTION, LLC ET AL. (CASE NO. 08CV0066 W QH JMA) EX PARTE APPLICATION FOR TELEPHONIC APPEARANCE

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