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- ilnd;;1:08-cv-02540_de33 RegisterActionDate "2008-10-28" @default.
- ilnd;;1:08-cv-02540_de33 RegisterActionDescriptionText "MINUTE entry before the Honorable Jeffrey Cole:There is presently scheduled a settlement conference for 5:00 p.m. on 11/5/08. Each of the parties has been communicating with the court through email and phone messages, notwithstanding the clarity of my standing order that provides that any requests to reschedule the settlement conference must be made by motion. I shall no longer entertain telephone calls and emails from either counsel. Earlier, a settlement conference was scheduled for 10/15/08 on 10/9/08. Nothing was done to inform the court that Ms. Avendano, who was ordered to appear at the conference, would be unavailable. Instead, the City's lawyer, Mr. Sandoval, waited until the day before the conference to inform my courtroom deputy by phone that he had just gotten back into town and noted the 10/15/08 settlement conference date and stated that Ms. Avendano could not be present on 10/15 at 4:00 p.m. He did not say why. I rescheduled the conference to 10/28/08. Again, Mr. Sandoval called my courtroom deputy and informed her that the plaintiff was on trial on 10/28/08 -- and asked that we again reschedule the settlement conference. I agreed and on 10/20/08, the settlement conference was rescheduled a third time to 11/5/08 at 5:00 p.m. The 5:00 p.m. time was chosen so that everyone could attend after normal business hours. Eight days passed with no objection from the City. This morning, Mr. Sandoval, ignoring my standing orders, sent an email to my courtroom deputy now claiming Ms. Avendano would be out of the country on 11/5/08 and could not attend the conference. No explanation was made why he allowed more than a week to pass before informing the court. In fact, when my courtroom deputy called Mr. Sandoval on 10/20 to read the order to him requiring Ms. Avendano's presence on 11/5, he confirmed that she would be here on 11/5/08. The City's method in this case of dealing with court orders and schedules is unacceptable. My standing orders, like those of other magistrate judges, requires that motions to reschedule settlement conferences be made in writing. Neither the City nor the plaintiff can deal with this case any further except through written motion supported by affidavits. If Ms. Avendano cannot attend the settlement conference presently scheduled for 11/5/08, the City must file a written motion with her affidavit providing the details of her trip and her return date. In the absence of such a motion, the conference will proceed on 11/5/08 and she is ordered to attend. Failure to attend will subject her and the City to appropriate action by the court. Mailed and telephoned notice. (cdh, ) (Entered: 10/28/2008)" @default.
- ilnd;;1:08-cv-02540_de33 AdministrativeID "34" @default.