Filed: May 11, 2015
Latest Update: May 11, 2015
Summary: PLAINTIFF'S MOTION TO CONTINUE INITIAL CASE MANAGEMENT CONFERENCE AND [PROPOSED] ORDER KANDIS WESTMORE , District Judge . PLAINTIFF'S MOTION TO CONTINUE INITIAL CASE MANAGEMENT CONFERENCE Plaintiff Amari Henry, by and through undersigned counsel, and pursuant to Northern District of California Local Rule (hereinafter "L.R.") 7-11, hereby moves this Court for administrative relief for an order continuing the initial case management conference for good cause. SUPPORTING FACTS Plaintiff's
Summary: PLAINTIFF'S MOTION TO CONTINUE INITIAL CASE MANAGEMENT CONFERENCE AND [PROPOSED] ORDER KANDIS WESTMORE , District Judge . PLAINTIFF'S MOTION TO CONTINUE INITIAL CASE MANAGEMENT CONFERENCE Plaintiff Amari Henry, by and through undersigned counsel, and pursuant to Northern District of California Local Rule (hereinafter "L.R.") 7-11, hereby moves this Court for administrative relief for an order continuing the initial case management conference for good cause. SUPPORTING FACTS Plaintiff's ..
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PLAINTIFF'S MOTION TO CONTINUE INITIAL CASE MANAGEMENT CONFERENCE AND [PROPOSED] ORDER
KANDIS WESTMORE, District Judge.
PLAINTIFF'S MOTION TO CONTINUE INITIAL CASE MANAGEMENT CONFERENCE
Plaintiff Amari Henry, by and through undersigned counsel, and pursuant to Northern District of California Local Rule (hereinafter "L.R.") 7-11, hereby moves this Court for administrative relief for an order continuing the initial case management conference for good cause.
SUPPORTING FACTS
Plaintiff's counsel has recently discovered that he is mandated to appear at another court hearing in San Jose on the 12th of May at 1:30 p.m. Upon making this discovery of conflicting schedules, Plaintiff's counsel has attempted to meet and confer with the opposing counsel in this case to stipulate to having the ICMC continued the next available date. The opposing counsel has informed the Plaintiff's counsel that he has no problem with the CMC being continued.
DISCUSSION
L.R. 16-2(d), entitled, "Relief from Case Management Schedule," reads, in part, as follows:
By serving and filing a motion with the assigned judge pursuant to Civil L.R. 7, a party, . . . may seek relief from an obligation imposed by FRCivP 16 or 26 or the Order Setting Initial Case Management Conference. The motion must:
(1) Describe the circumstances which support the request;
(2) Affirm that counsel for the moving party has conferred with all other counsel to reach agreement about the matter and, for each other party, report whether that party supports or opposes the request for relief;
(3) Be accompanied by proposed revised case management schedule . . . (emphasis added).
Here, in the instant case, Plaintiff's counsel has described that there is a scheduling conflict which would warrant the continuance of the CMC in this case. Further, he has met and conferred with opposing counsel who has no problem with the proposed continuance and the Plaintiff's counsel has now proposed that the CMC be continued to the next available date that the court deems appropriate.
CONCLUSION
For the foregoing reasons, Plaintiff respectfully requests that this Court continue the ICMC from May 12, 2015, to the next available date in accordance with this Court's schedule.
Respectfully Submitted,
/S/
____________________________
Stanley Goff, Esq.
[PROPOSED] ORDER
IT IS HEREBY ORDERED that the Plaintiff's request be is granted. The case management conference currently scheduled for May 12, 2015 is continued to May 26, 2015 at 1:30 p.m.
