PLAINTIFF'S STATUS REPORT AND REQUEST TO APPEAR TELEPHONICALLY AT HEARING; ORDER THEREON

SHEILA K. OBERTO, Magistrate Judge.

Pending before the Court is a motion for default judgment against defendants filed by plaintiff, Natividad Gutierrez ("Plaintiff") (Doc. 16). On November 6, 2013, Plaintiff, through his counsel, and defendants, Juan Vazquez and Nicholas Vazquez ("Defendants"), by personal appearance, appeared at the hearing on Plaintiff's default judgment motion. No appearance was made by the landlord, Vantia Properties, LLC ("Vantia"). Also appearing was Martha Vasquez who provided translation for Defendants who have limited English speaking skills. The Court continued the hearing in order to afford the parties an opportunity to explore settlement (Doc. 24). Defendants were to contact Plaintiff's counsel on Friday, November 8, 2013.

While no call was received by Plaintiff's counsel from Defendants on November 8 as promised, in the afternoon of November 11, 2013, Defendants, through their translator, Martha Vasquez, left a voicemail message for Plaintiff's counsel. On November 12, 2013, Plaintiff's counsel spoke to Martha Vasquez and relayed a settlement offer for the Vasquezes on behalf of Plaintiff, making clear that the offer did not include Vantia. Plaintiff's counsel also advised Martha Vasquez that she speaks Spanish, and that Defendants could contact her directly to discuss the offer. As of the filing of this report, no further communication has been received from Defendants, either personally or through Martha Vasquez, although Plaintiff's counsel has tried to reach Martha Vasquez on several occasions since the November 12, 2013 telephone call. Unfortunately, the number provided by Martha Vasquez to reach her has no voicemail or means by which to leave a message.

Plaintiff continues to seek additional fees as a result of his counsel's appearance at the initial hearing, efforts at subsequent settlement, and the fees which will be incurred through the hearing on the motion. Plaintiff requests that such additional amounts be presented to the Court after the hearing on the default judgment motion by declaration.

Because Plaintiff seeks the recovery of his fees, Plaintiff further respectfully requests that his counsel be permitted to appear telephonically at the November 21, 2013 hearing.

ORDER

Upon request of Plaintiff and good cause appearing,

IT IS HEREBY ORDERED that Plaintiff may appear telephonically at the November 21, 2013, hearing on the motion for default judgment. Plaintiff's counsel is to call chambers five (5) minutes prior to the scheduling hearing time.

IT IS SO ORDERED.