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REFAI v. U.S., 2:08-CV-01096-PMP-PAL. (2013)

Court: District Court, D. Nevada Number: infdco20130201864 Visitors: 6
Filed: Jan. 11, 2013
Latest Update: Jan. 11, 2013
Summary: REQUEST FOR EXCEPTION TO ATTENDANCE REQUIREMENT PEGGY A. LEEN, Magistrate Judge. Plaintiff, through his counsel, respectfully requests an exception to the Court's requirement that he appear in person at the settlement conference scheduled to commence at 1:30 p.m. on January 24, 2013. Plaintiff assures the Court that his counsel of record will be present for the settlement conference and will have full authority to settle this matter. As this Court may already know, this case stems from Mr. Ch
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REQUEST FOR EXCEPTION TO ATTENDANCE REQUIREMENT

PEGGY A. LEEN, Magistrate Judge.

Plaintiff, through his counsel, respectfully requests an exception to the Court's requirement that he appear in person at the settlement conference scheduled to commence at 1:30 p.m. on January 24, 2013. Plaintiff assures the Court that his counsel of record will be present for the settlement conference and will have full authority to settle this matter.

As this Court may already know, this case stems from Mr. Chehade's December 2006 trip from Frankfurt, Germany to Las Vegas, Nevada. Mr. Chehade intended to enter the United States under the visa waiver program available to German citizens, but he was denied entry and instead detained at the North Las Vegas Detention Center for four days and three nights before being returned to Germany. The government never explained why Mr. Chehade was being denied entry and Mr. Chehade was not charged with any crime by the United States.

Since then, Mr. Chehade has applied for and been denied a non-immigrant visa on two occasions. On March 10, 2008, he applied for a non-immigrant visa for permission to enter the United States temporarily and was denied that visa at the American Consulate in Frankfurt, Germany on March 13, 2008. Mr. Chehade re-applied for a visa to enter the United States at the American Consulate in Frankfurt on November 30, 2010, and was denied that visa on July 21, 2011. In light of these visa denials, it is highly unlikely that Mr. Chehade will be able to appear in person at the January 24 settlement conference.

Mr. Chehade requests that the Court permit his counsel of record, Rohit Singla and Jenny Hong of Munger, Tolles & Olson LLP, to represent him at the settlement conference. He has discussed settlement with them and given them full authority to settle this matter. Mr. Chehade will be in Germany on the day of the settlement conference and with the nine-hour time difference, the settlement conference will begin at 10:30 p.m. for Mr. Chehade. Given Mr. Chehade's advanced age, it would be difficult for Mr. Chehade to participate by telephone, but if the Court thinks it would be helpful, Mr. Chehade can be on telephone standby during the settlement conference.

DATED: January 2, 2013 MUNGER, TOLLES & OLSON LLP By:______________________ JENNY H. HONG Attorneys for Plaintiff MOHAMED MAJED CHEHADE REFAI

IT IS SO ORDERED.

Source:  Leagle

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