Free Order - District Court of California - California

Case 3:08-cv-00541-JM-BLM

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 v. JENNY CRAIG, INC., et al., Defendants. JON P. FUSCO, et al., Plaintiffs, ) ) ) ) ) ) ) ) ) ) ) Case No. 08cv0541-JM (BLM) ORDER VACATING EARLY NEUTRAL EVALUATION CONFERENCE AND SETTING TELEPHONIC, ATTORNEYSONLY EARLY NEUTRAL EVALUATION CONFERENCE UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA

This case recently was transferred to this Court pursuant to the "low number" rule. See Doc. No. 6. Prior to transfer, Magistrate Judge Brooks scheduled an Early Neutral Evaluation conference (ENE) for April 28, 2008. Doc. No. 3. That ENE is hereby VACATED.

This Court will conduct a telephonic, attorneys-only ENE on April 29, 2008 at 2:30 p.m. required counsel to The Court will initiate the call. participate may result in the Failure of of

imposition

sanctions. Requests to Continue an ENE Conference: Local Rule 16.1(c)

requires that an ENE take place within forty-five (45) days of the filing of the first answer. granted. Requests to continue ENEs are rarely

However, the Court will consider formal, written, ex parte

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Case 3:08-cv-00541-JM-BLM

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requests to continue an ENE conference when extraordinary circumstances exist that make a continuance appropriate. Absent extraordinary

circumstances, requests for continuances will not be considered unless submitted in writing no less than seven (7) days prior to the scheduled conference. IT IS SO ORDERED. DATED: April 11, 2008

BARBARA L. MAJOR United States Magistrate Judge

COPY TO: 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -2HONORABLE JEFFREY T. MILLER U.S. DISTRICT JUDGE ALL COUNSEL

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Case 3:08-cv-00541-JM-BLM

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NOTICE OF RIGHT TO CONSENT TO TRIAL BEFORE A UNITED STATES MAGISTRATE JUDGE In accordance with the provisions of 28 U.S.C. § 636(c), you are hereby notified that a U.S. Magistrate Judge of this district may, upon the consent of all parties, on Form 1A available in the Clerk's Office, conduct any or all proceedings, including a jury or non-jury trial, and order the entry of a final judgment. Counsel for the plaintiff shall

be responsible for obtaining the consent of all parties, should they desire to consent. You should be aware that your decision to consent or not to consent is entirely voluntary and should be communicated solely to the Clerk of Court. Only if all parties consent will the Judge or Magistrate Judge

to whom the case has been assigned be informed of your decision. Judgements of U.S. Magistrate Judges are appealable to the U.S. Court of Appeals in accordance with this statute and the Federal Rules of Appellate Procedure.

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08cv0541-JM (BLM)