Griego v. Wal-Mart Stores, Inc.

[8] 9 UNITED STATES DISTRICT COURT 10 SOUTHERN DISTRICT OF CALIFORNIA [11] 12 JESENIA ZAMORA, individually and on Case No.: 3:20-cv-401-BAS-AHG behalf of all others similarly situated; and 13 ORDER GRANTING JOINT BRANDAN GRIEGO, MOTION TO CONTINUE EARLY [14] Plaintiffs, NEUTRAL EVALUATION 15 CONFERENCE AND CASE v. MANAGEMENT CONFERENCE [16] WAL-MART STORES, INC.; 17 WALMART, INC.; WAL-MART [ECF No. 22] ASSOCIATES, INC.; SAM’S WEST, [18] INC.; and DOES 1–100, [19] Defendants. [21] Before the Court is the parties’ joint motion to continue the Early Neutral Evaluation [22] Conference (“ENE”) and Case Management Conference (“CMC”), currently scheduled for [23] August 25, 2020. ECF No. 22. [24] Parties seeking to continue an ENE must demonstrate good cause. ECF No. 13 at [25] 6–7 (“An ENE may be rescheduled only upon a showing of good cause”); Chmb.R. at 2 [26] (stating that any request for continuance requires “[a] showing of good cause for the [27] request”); see, e.g., FED. R. CIV. P. 6(b) (“When an act may or must be done within a [28] 1 specified time, the court may, for good cause, extend the time”). “Good cause” is a non2 rigorous standard that has been construed broadly across procedural and statutory contexts. 3 Ahanchian v. Xenon Pictures, Inc., 624 F.3d 1253, 1259 (9th Cir. 2010). The good cause 4 standard focuses on the diligence of the party seeking to amend the scheduling order and 5 the reasons for seeking modification. Johnson v. Mammoth Recreations, Inc., 975 F.2d 6 604, 609 (9th Cir. 1992) (“[T]he focus of the inquiry is upon the moving party’s reasons 7 for seeking modification. . . . If that party was not diligent, the inquiry should end.”) 8 (internal citation omitted). 9 Due to a conflict on the Court’s calendar, the Court rescheduled the August 26 10 conferences to August 25. ECF No. 21. Here, the parties have represented to the Court that 11 Defendant’s lead counsel is unavailable to attend the conferences on August 25 because of 12 a previously scheduled all-day mediation in another case. ECF No. 22-1 at 2. The parties 13 have met and conferred, and have contacted the Court, and have provided the Court with a 14 mutually agreeable conference date of September 3, 2020. ECF No. 22 at 3. Importantly, 15 “[a]ll parties, party representatives, and lead counsel for the parties affirm[ed] that they are 16 available” on that date. Id.; ECF No. 22-1 at 2. 17 The Court appreciates the parties’ thorough motion and declaration, and finds good 18 cause to continue the ENE and CMC. As such, the parties’ joint motion is GRANTED as 19 follows: 20 1. The ENE, most recently rescheduled for August 25, 2020, is hereby RESET 21 for September 3, 2020 at 2:00 p.m. before Magistrate Judge Allison H. Goddard. 22 2. Since the ENE has been rescheduled, each party’s ENE Statements are now 23 due no later than August 31, 2020. These statements must conform with the requirements 24 set forth in the Court’s original order setting ENE. See ECF No. 13 at 3. 25 3. In the event the case does not settle at the ENE, the Court will immediately 26 thereafter hold a CMC pursuant to FED. R. CIV. P. 16(b). The Court orders the following to 27 occur before the CMC: 28 A. The parties must file a Joint Case Management Statement by 1 August 26, 2020. The Joint Case Management Statement must address 2 all points in the “Joint Case Management Statement Requirements for 3 Magistrate Judge Allison H. Goddard,” which can be found at: 4 https://www.casd.uscourts.gov/Judges/goddard/docs/Goddard%20Join 5 t%20Case%20Management%20Statement%20Rules.pdf. 6 4. In accordance with the Local Rules, the Court requires personal attendance of 7 all parties, party representatives, including claims adjusters for insured defendants, and the 8 primary attorney(s) responsible for the litigation. CivLR 16.1(a). However, due to the 9 current COVID-19 public emergency,1 and upon due consideration, the Court hereby 10 modifies the ENE and CMC to be via videoconference for all attendees. To facilitate the 11 videoconference ENE, the Court hereby orders as follows: 12 A. The Court will use its official Zoom video conferencing account to hold 13 the ENE. If you are unfamiliar with Zoom: Zoom is available on 14 computers through a download on the Zoom website 15 (https://zoom.us/meetings) or on mobile devices through the 16 installation of a free app.2 Joining a Zoom conference does not require 17 creating a Zoom account, but it does require downloading the .exe file [19] 1 On March 17, 2020, Chief Judge Larry A. Burns issued an Order in response to the [20] COVID-19 public emergency (“CJO #18”) which, among other things, suspends the 21 requirement under Civil Local Rule 16.1(a) that ENEs be conducted in person to protect public safety and prevent the spread of COVID-19. See CJO #18 at ¶ 9. CJO #18 is [22] available on the Court website at 23 https://www.casd.uscourts.gov/_assets/pdf/rules/Order%20of%20the%20Chief%20Judge [24] %2018.pdf. This order was extended until mid-August by CJO #33, which is available on the Court website at 25 https://www.casd.uscourts.gov/_assets/pdf/rules/Order%20of%20the%20Chief%20Judge %2033.pdf. [26] 27 2 If possible, participants are encouraged to use laptops or desktop computers for the video conference, rather than mobile devices. [28] 1 (if using a computer) or the app (if using a mobile device). Participants 2 are encouraged to create an account, install Zoom and familiarize 3 themselves with Zoom in advance of the ENE.3 There is a cost-free 4 option for creating a Zoom account. 5 B. Prior to the start of the ENE, the Court will email each participant an 6 invitation to join a Zoom video conference. Again, if possible, 7 participants are encouraged to use laptops or desktop computers for the 8 video conference, as mobile devices often offer inferior performance. 9 Participants shall join the video conference by following the ZoomGov 10 Meeting hyperlink in the invitation. Participants who do not have 11 Zoom already installed on their device when they click on the 12 ZoomGov Meeting hyperlink will be prompted to download and 13 install Zoom before proceeding. Zoom may then prompt participants 14 to enter the password included in the invitation. 15 C. Each participant should plan to join the Zoom video conference at least 16 five minutes before the start of the ENE to ensure that the conference 17 begins promptly at 2:00 p.m. The Zoom e-mail invitation may 18 indicate an earlier start time, but the ENE will begin at the Court19 scheduled time. 20 D. Zoom’s functionalities will allow the Court to conduct the ENE as it 21 ordinarily would conduct an in-person one. The Court will divide 22 participants into separate, confidential sessions, which Zoom calls 23 Breakout Rooms.4 In a Breakout Room, the Court will be able to [25] 3 For help getting started with Zoom, visit: https://support.zoom.us/hc/en26 us/categories/200101697-Getting-Started [27] 4 For more information on what to expect when participating in a Zoom Breakout [28] 1 communicate with participants from a single party in confidence. 2 Breakout Rooms will also allow parties and counsel to communicate 3 confidentially without the Court. 4 E. No later than August 31, 2020, counsel for each party shall send an e5 mail to the Court at efile_goddard@casd.uscourts.gov containing the 6 following: 7 i. The name and title of each participant, including all parties 8 and party representatives with full settlement authority, claims 9 adjusters for insured defendants, and the primary attorney(s) 10 responsible for the litigation; 11 ii. An e-mail address for each participant to receive the Zoom 12 video conference invitation; and 13 iii. A telephone number where each participant may be reached 14 so that if technical difficulties arise, the Court will be in a 15 position to proceed telephonically instead of by video 16 conference. (If counsel prefers to have all participants of their 17 party on a single conference call, counsel may provide a 18 conference number and appropriate call-in information, 19 including an access code, where all counsel and parties or party 20 representatives for that side may be reached as an alternative to 21 providing individual telephone numbers for each participant.) 22 iv. A cell phone number for that party’s preferred point of 23 contact (and the name of the individual whose cell phone it is) 24 for the Court to use during the ENE to alert counsel via text 25 message that the Court will soon return to that party’s Breakout 26 Room, to avoid any unexpected interruptions of confidential 27 discussions. 28 F. All participants shall display the same level of professionalism during 1 the ENE and be prepared to devote their full attention to the ENE as if 2 they were attending in person, 1.e., cannot be driving while speaking to 3 the Court. Because Zoom may quickly deplete the battery of a 4 participant’s device, each participant should ensure that their device is 5 plugged in or that a charging cable is readily available during the video 6 conference. 7 5. All procedures and requirements set forth in the Court’s Order Setting ENE 8 (ECF No. 13) and Orders Continuing ENE (ECF Nos. 15, 20) remain in place, except as 9 explicitly modified by this order. [10] 11 IT IS SO ORDERED. 12 || Dated: August 10, 2020 3 _Abiomt. Xl Honorable Allison H. Goddard 14 United States Magistrate Judge