Free Motion to Appear by Telephone - District Court of California - California

Case 3:07-cv-04908-MHP

Document 12

Filed 12/28/2007

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KATHARINE H. PARKER, Appearance Pro Hac Vice PROSKAUER ROSE LLP 1585 Broadway New York, NY 10036-8299 Telephone: 212.969.3000 Fax: 212.969.2900 [email protected] DAWN M. IRIZARRY GEORGE SAMUEL CLEAVER PROSKAUER ROSE LLP 2049 Century Park East 32nd Floor Los Angeles, CA 90067-3206 Telephone 310.557.2900 Fax 310.557.2193 [email protected] [email protected] Attorneys for Defendant Cendant Corporation Short Term Disability Plan UNITED STATES DISTRICT COURT

13 NORTHERN DISTRICT OF CALIFORNIA 14 15 16 17 18 19 Defendant. 20 21 22 23 24 25 26 27 28 1 DEFENDANT'S REQUEST AND [PROPOSED] ORDER TO CONTINUE THE INITIAL CASE MANAGEMENT CONFERENCE AND TO APPEAR BY TELEPHONE C07-04908 MHP v. CENDANT CORPORATION SHORT TERM DISABILITY PLAN, JOHN DOE Plaintiff, ) ) ) ) ) ) ) ) ) ) ) ) ) Case No. C 07 - 04908 MHP DEFENDANT'S REQUEST AND [PROPOSED] ORDER TO CONTINUE THE INITIAL CASE MANAGEMENT CONFERENCE AND TO APPEAR BY TELEPHONE

8086/76946-002 Current/10490385v1

Case 3:07-cv-04908-MHP

Document 12

Filed 12/28/2007

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8086/76946-002 Current/10490385v1

WHEREAS the Court issued an order on September 21, 2007 setting the Initial Case Management Conference for January 7, 2008; WHEREAS lead counsel for Defendant Cendant Short Term Disability Plan ("Defendant"), Katharine Parker, is located in New York, New York; WHEREAS requiring lead counsel for Defendant to travel from New York to San Francisco to appear in person would cause significant cost and hardship to Defendant; WHEREAS counsel for Plaintiff John Doe ("Plaintiff") have agreed to Defendant's request to appear by telephone; WHEREAS counsel for Plaintiff has indicated their availability to appear for the Initial Case Management Conference by telephone; WHEREAS the Courtroom Deputy has indicated that the Court is available to hold a telephonic Initial Case Management Conference on January 8, 2008 at 10 AM; WHEREAS counsel for Defendant and Plaintiff are available to participate in the Initial Case Management Conference on January 8, 2008 at 10 AM;

DEFENDANT HEREBY REQUESTS that the Court continue the Initial Case Management Conference to January 8, 2008 at 10 AM and allow Defendant to appear via telephone.

DATED: December 28, 2007

PROSKAUER ROSE LLP By: /s/ George S. Cleaver_____ Katherine H. Parker Dawn M. Irizarry George S. Cleaver Attorneys for Defendant

2 DEFENDANT'S REQUEST AND [PROPOSED] ORDER TO CONTINUE THE INITIAL CASE MANAGEMENT CONFERENCE AND TO APPEAR BY TELEPHONE C07-04908 MHP

Case 3:07-cv-04908-MHP

Document 12

Filed 12/28/2007

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IT IS HEREBY ORDERED that the Court continue the Initial Case Management Conference to January 8, 2008 at 10 AM and allow Defendant Cendant Corporation Short Term Disability Plan to appear by Telephone.

DATED: December __, 2007

_______________________________ The Honorable Marilyn H. Patel Judge of the United States District Court, Northern District of California

3 DEFENDANT'S REQUEST AND [PROPOSED] ORDER TO CONTINUE THE INITIAL CASE MANAGEMENT CONFERENCE AND TO APPEAR BY TELEPHONE C07-04908 MHP