Bathersfield v. Heart & Soil Supplements, LLC

Aug 4, 2026
3:26-cv-01124

ORDER DENYING PLAINTIFF’S REQUEST TO BE EXCUSED FROM PERSONAL APPEARANCE AND CONTINUING THE EARLY NEUTRAL EVALUATION CONFERENCE

Before the Court is Plaintiff’s July 24, 2026, Motion to Excuse Appearance of Plaintiff (hereafter “Motion”) (Dkt. No. 23). The Motion seeks to excuse Plaintiff’s appearance at the Early Neutral Evaluation (“ENE”) currently set for August 7, 2026, at 1:00 PM before United States Magistrate Judge Steve B. Chu (see Dkt. No. 17). Defendant filed an opposition (Dkt. No. 26). Having reviewed the parties’ submissions, the Court finds the matter suitable for disposition without further briefing. See S.D. Cal. Civ. L.R. 7.1(d)(1). The Motion is DENIED and the ENE CONTINUED for the reasons set forth below.

The Court’s Civil Chambers Rules and Civil Local Rule 16.1 contemplate the personal participation of the parties at an ENE conference. See Chu Civ Chambers Rule III; S.D. Cal. Civ. L.R. 16.1. Personal participation is a critical component of the ENE process because it promotes meaningful settlement discussions and assists the Court in evaluating the parties’ respective positions. See, e.g., Heileman Brewing Co. v. Joseph Oat Corp., 871 F.2d 648, 653-54 (7th Cir. 1989) (en banc) (recognizing a district court’s authority to require parties to personally participate in settlement proceedings). Accordingly, the Court declines to excuse Plaintiff from personally appearing at the ENE. Because the Court finds Plaintiff’s personal participation necessary regardless of the basis of his request, it need not address whether Plaintiff has satisfied the requirements for relief under the Servicemembers Civil Relief Act or any other asserted basis for excusal.

At the same time, the Court recognizes Plaintiff’s representation that he is presently unavailable due to military obligations. Rather than proceed with an ENE without Plaintiff’s participation, the Court finds that judicial economy and the interests of an effective settlement conference are better served by continuing the ENE until Plaintiff is expected to be available. Doing so eliminates any need for Plaintiff to choose between complying with his military obligations and participating in this litigation while preserving the purpose of the ENE.

For the foregoing reasons, IT IS HEREBY ORDERED:

  1. Plaintiff’s Request to Excuse Plaintiff from Personal Appearance at the ENE is DENIED,
  2. The ENE currently set for August 7, 2026, at 01:00 PM is VACATED,
  3. The ENE is RESET to November 5, 2026, at 10:00 AM. Each party shall submit a supplement to their ENE statements on or before October 29, 2026.

IT IS SO ORDERED.

Dated: August 4, 2026

Hon. Steve B. Chu

United States Magistrate Judge