ADMINISTRATIVE MOTION REQUESTING A SEVEN DAY CONTINUANCE OF THE CASE MANAGEMENT CONFERENCE SCHEDULED FOR JANUARY 6, 2016

In Admiralty

DONNA M. RYU, Magistrate Judge.

COMES NOW, PETITIONER, MATTHEW CHARLES MITCHELL, through Counsel, submitting this Administrative Motion requesting a 7 day continuance to appear at the Case Management Conference scheduled for January 6th 2016 at 1.30 pm based on good cause, as follows:

There is no opposing counsel in this case at this time. This request is based on road safety. Petitioner's counsel is presently at her Truckee, California office and was planning on driving down to Oakland later today or tomorrow morning to attend the Case Management Conference in this case scheduled for 1.30 pm tomorrow, January 6, 2016. The weather in the Truckee/Tahoe area at the moment and expected to continue in to tomorrow, is that of a severe snow storm having snowed continuously for the last 10 hours, with low temperatures, high winds and virtually no visibility on the roads to drive safely. There is also ice on the roads under the snow layers which makes driving unsafe and treacherous. The weather has continued to deteriorate throughout today and this present storm is predicted by the weather forecasters to continue until Friday January 8th 2016. While Petitioner's counsel has a 4 wheel drive vehicle, this vehicle has 93,000 miles on the clock and the breaks can sometimes not function properly in the present conditions which counsel herself considers unsafe to drive in. Counsel feels it would be unsafe for her to drive to Oakland in these conditions and on this basis asserts this as a showing of good cause for this request for a continuance of her appearance at the Case Management Conference in this case until January 13th 2016 at 1.30 pm when counsel understands a further Case Management Conference calendar will be held.

[PROPOSED] ORDER CONTINUING CASE MANAGEMENT CONFERENCE

(AS MODIFIED)

Having reviewed Petitioner's Administrative Motion and there being good cause showing, the Case Management Conference in this case is continued until January 20th 2016 at 1.30 pm . The Court is giving Plaintiff's Counsel permission to appear telephonically on January 20, 2016 at 1:30 pm. Plaintiff's counsel must follow the protocol set forth in the attached Notice re Telephonic Appearance Procedures for Magistrate Judge Donna M. Ryu.

SO ORDERED. NOTICE RE TELEPHONIC APPEARANCE PROCEDURES FOR MAGISTRATE JUDGE DONNA M. RYU EFFECTIVE APRIL 23, 2012

I. POLICY GOVERNING TELEPHONIC APPEARANCES

A party representative (or a party if in pro se) generally must appear in person for a hearing or case management conference. Permission to attend by telephone may be granted, in the Court's discretion, upon written request made at least two weeks in advance of the hearing if the Court determines that good cause exists to excuse personal attendance, and that personal attendance is not needed in order to have an effective hearing or conference. The facts establishing good cause must be set forth in the request. All telephonic appearances must be made through CourtCall, an independent conference call company, pursuant to the procedures set forth in Section II. If an individual schedules a telephonic appearance and then fails to respond to the call of a matter on calendar, the Court may pass the matter or may treat the failure to respond as a failure to appear. Scheduling simultaneous telephonic appearances in multiple courts does not excuse a failure to appear. Individuals making use of the conference call service are cautioned that they do so at their own risk. Hearings generally will not be rescheduled due to missed connections.

II. SCHEDULING A TELEPHONIC APPEARANCE.

By Telephone: Absent an emergency, telephone appearances may be arranged by calling CourtCall at (866) 582-6878 at least three business days prior to the hearing date.

III. PROCEDURE FOR TELEPHONIC APPEARANCE.

Court Call will provide counsel with written confirmation of a telephonic appearance, and give counsel a number to call to make the telephonic appearance. It is counsel's responsibility to dial into the call not later than 10 minutes prior to the scheduled hearing.

CourtCall does not place a call to counsel.

The initial charge per participant for a CourtCall appearance is $30.00 for the first 45 minutes you are connected. For each additional 15 minute increment the charge is $7.00. If you do not timely call and connect with the Court Call operator, you will be billed for the call and the hearing may proceed in your absence.

Telephonic appearances are connected directly with the courtroom's public address system and electronic recording equipment so that a normal record is produced. To ensure the quality of the record, the use of car phones, cellular phones, speakerphones, public telephone booths, or phones in other public places is prohibited except in the most extreme emergencies. Participants should be able to hear all parties without difficulty or echo.

At the time of your hearing, you may initially be in the listening mode in which case you will be able to hear the case before yours just as if you were in the courtroom. After your call is connected to the courtroom, the Judge will call the case, request appearances, and direct the manner in which the hearing proceeds. Each time you speak, you should identify yourself for the record. The court's teleconferencing system allows more than one speaker to be heard, so the Judge can interrupt a speaker to ask a question or redirect the discussion. When the Judge informs the participants that the hearing is completed, you may disconnect and the next case will be called.

Telephonic appearances by multiple participants are only possible when there is compliance with every procedural requirement. Sanctions may be imposed when there is any deviation from the required procedures or the Court determines that a person's conduct makes telephonic appearances inappropriate. Sanctions may include dropping a matter from calendar, continuing the hearing, proceeding in the absence of an unavailable participant, a monetary sanction, and/or a permanent prohibition against a person appearing telephonically.