Frontline Services, Inc. v. Seaspine Orthopedics Corporation

S.D. California

Frontline Services, Inc. v. Seaspine Orthopedics Corporation

District Court, S.D. California·Decided May 25, 2023·No. 3:23-cv-00077·Unknown

Opinion

2 UNITED STATES DISTRICT COURT 3 SOUTHERN DISTRICT OF CALIFORNIA 4

5 FRONTLINE SERVICES, INC., a Case No.: 23-cv-00077-JAH-BGS 6 Wyoming corporation,

7 Plaintiff, ORDER GRANTING SECOND 8 vs. UNOPPOSED MOTION TO CONTINUE EARLY NEUTRAL 9 SEASPINE ORTHOPEDICS EVALUATION AND CASE 10 CORPORATION, a Delaware MANAGEMENT CONFERENCE corporation, and DOES 1 through 10, 11 inclusive, [ECF 13] 12 Defendant. 13

14 On March 15, 2023, this Court granted Defendant’s unopposed motion to 15 continue the Early Neutral Evaluation and Case Management Conference 16 (ENE/CMC) in this case, which had been scheduled to take place on May 31, 2023. 17 (ECF 10.) Plaintiff has now filed an unopposed motion to continue the 18 rescheduled, June 7, 2023, ENE/CMC. (ECF 13.) 19 “Parties seeking to continue an ENE must demonstrate good cause.” 20 Yaghouti v. Standard Ins. Co., No. 3:21-cv-01621-AJB-AHG, 2022 WL 1493265, 21 at *1 (S.D. Cal. Apr. 22, 2022). Although the Court finds no good cause to grant 22 the motion,1 it nevertheless exercises its general discretion to do so. See Hill v. 23 24

1 “Requests to continue an ENE or other settlement conference based on preexisting 25 scheduling conflicts should be raised within 10 days of the Court’s issuance of the order setting the conference.” Judge Skomal’s Chambers’ Rules, Section II(B). 26 Plaintiff’s request is based on a preexisting scheduling conflict, and the request has not been raised within 10 days of the Court’s March 15, 2023, Order rescheduling 27 the ENE/CMC. (See ECF 10.) 1 || Cty. of Maricopa, No. CV-20-00603-PHX-GMS (MTM), 2022 WL 17038551, at 2 || *2 (D. Ariz. Nov. 17, 2022) (discussing a magistrate judge’s discretion regarding 3 || its scheduling order). 4 Accordingly, the Court ORDERS the ENE/CMC shall be continued to July 5 | 3.2023, at 2:00 p.m. Deadlines for each party’s Confidential ENE Statement and 6 || the parties’ Joint Discovery Plan shall be the close of business on June 20, 2023.

8 Dated: May 25, 2023 on. Bernard G. Skomal 9 United States Magistrate Judge 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

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2 UNITED STATES DISTRICT COURT 3 SOUTHERN DISTRICT OF CALIFORNIA 4

5 FRONTLINE SERVICES, INC., a Case No.: 23-cv-00077-JAH-BGS 6 Wyoming corporation,

7 Plaintiff, ORDER GRANTING SECOND 8 vs. UNOPPOSED MOTION TO CONTINUE EARLY NEUTRAL 9 SEASPINE ORTHOPEDICS EVALUATION AND CASE 10 CORPORATION, a Delaware MANAGEMENT CONFERENCE corporation, and DOES 1 through 10, 11 inclusive, [ECF 13] 12 Defendant. 13

14 On March 15, 2023, this Court granted Defendant’s unopposed motion to 15 continue the Early Neutral Evaluation and Case Management Conference 16 (ENE/CMC) in this case, which had been scheduled to take place on May 31, 2023. 17 (ECF 10.) Plaintiff has now filed an unopposed motion to continue the 18 rescheduled, June 7, 2023, ENE/CMC. (ECF 13.) 19 “Parties seeking to continue an ENE must demonstrate good cause.” 20 Yaghouti v. Standard Ins. Co., No. 3:21-cv-01621-AJB-AHG, 2022 WL 1493265, 21 at *1 (S.D. Cal. Apr. 22, 2022). Although the Court finds no good cause to grant 22 the motion,1 it nevertheless exercises its general discretion to do so. See Hill v. 23 24

1 “Requests to continue an ENE or other settlement conference based on preexisting 25 scheduling conflicts should be raised within 10 days of the Court’s issuance of the order setting the conference.” Judge Skomal’s Chambers’ Rules, Section II(B). 26 Plaintiff’s request is based on a preexisting scheduling conflict, and the request has not been raised within 10 days of the Court’s March 15, 2023, Order rescheduling 27 the ENE/CMC. (See ECF 10.) 1 || Cty. of Maricopa, No. CV-20-00603-PHX-GMS (MTM), 2022 WL 17038551, at 2 || *2 (D. Ariz. Nov. 17, 2022) (discussing a magistrate judge’s discretion regarding 3 || its scheduling order). 4 Accordingly, the Court ORDERS the ENE/CMC shall be continued to July 5 | 3.2023, at 2:00 p.m. Deadlines for each party’s Confidential ENE Statement and 6 || the parties’ Joint Discovery Plan shall be the close of business on June 20, 2023.

8 Dated: May 25, 2023 on. Bernard G. Skomal 9 United States Magistrate Judge 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

Frontline Services, Inc. v. Seaspine Orthopedics Corporation, (S.D. Cal. 2023).

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