Case Information
*1 Case 3:19-cv-07630-MMC Document 18 Filed 04/23/20 Page 1 of 2 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA THERESA BROOKE, Case No. 19-cv-07630-MMC Plaintiff, ORDER DENYING AS MOOT DEFENDANT'S MOTION TO v. ENLARGE TIME FOR JOINT SITE INSPECTION GRAND HYATT SF LLC, Re: Doc. No. 12 Defendant.
Before the Court is defendant's Motion to Enlarge Time for Joint Site Inspection, filed March 3, 2020. Plaintiff has not filed a response. Having read and considered the moving papers, the Court finds the matter appropriate for determination based on defendant's filings, VACATES the hearing scheduled for May 1, 2020, and rules as follows. By order filed November 20, 2019, the Court, pursuant to General Order 56, set March 4, 2020, as the "[l]ast day for parties and counsel to hold [a] joint inspection of [the] premises." (See Scheduling Order, filed November 20, 2019, at 1:26-28.) 1 By the instant motion, defendant seeks an order extending said deadline to a date to be set after the Court has ruled on defendant's motion to dismiss. 2
As the March 4 deadline expired before the deadline for plaintiff to file a response to the instant motion had passed and well before the date the instant motion was noticed for hearing, the motion is hereby DENIED as moot. 1 In the instant motion, defendant erroneously states the deadline was March 2,
26 2020. (See Def.'s Mot. at 2:1.) 27 2 By order filed April 23, 2020, the Court took defendant's motion to dismiss under submission. 28
*2 Case 3:19-cv-07630-MMC Document 18 Filed 04/23/20 Page 2 of 2 Moreover, this District, recognizing the importance of the in-person requirement, has issued a Notice providing that "[i]n any case subject to General Order 56, the ADR Program will reject a notice of need for mediation unless the parties have held both an in- person joint site inspection and an in-person settlement meeting." See Notice re Procedures for ADR Cases and Cases Subject to General Order 56 During Coronavirus
Public Health Emergency, available at https://cand.uscourts.gov/about/court- programs/alternative-dispute-resolution-adr/. At this time, in light of California Executive Order N-33-20, requiring all persons in California to shelter in place, and in conformity
with the Notice, see id., such in-person meetings are not permissible. Under the circumstances, the parties will be apprised at a later date of a new deadline to hold the joint site inspection in person. IT IS SO ORDERED. Dated: April 23, 2020 MAXINE M. CHESNEY United States District Judge
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