UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF CALIFORNIA
E.DIGITAL CORPORATION, Civil No. 14-cv-1579-BEN (DHB)
Plaintiff,
ORDER GRANTING JOINT
MOTION TO CONTINUE EARLY
NEUTRAL EVALUATION
CONFERENCE
[ECF No. 20]
v.
DROPCAM, INC.,
Defendant.
On September 4, 2014, the parties filed a joint motion to continue the Early Neutral
Evaluation Conference (“ENE”) currently scheduled for October 6, 2014. (ECF No. 20.)
The parties assert the following grounds for the requested continuance: (1) the parties
need additional time to meet and confer regarding potential settlement, the joint discovery
plan, and their ENE statements; (2) Defendant’s pending motion to transfer venue to the
Northern District of California, if granted, would cause the ENE to be taken off calendar;
and (3) Plaintiff’s client representative and counsel will be unavailable on October 6,
2014 due to a hearing on an unrelated matter in Washington, D.C.
The Court finds that the first two reasons proffered by the parties do not establish
good cause to continue the ENE. First, the parties have failed to explain why additional
time is needed to meet and confer or to prepare the joint discovery plan or ENE
statements. Second, the pendency of Defendant’s motion to transfer venue is insufficient.
Even if that motion remains pending at the time of the scheduled ENE, the Court would
conduct the ENE.
However, the parties’ third reason does constitute good cause. Because Plaintiff’s
client representative and counsel will be unavailable on October 6, 2014, IT IS HEREBY
ORDERED that the ENE shall be continued to October 17, 2014 at 10:00 a.m. ENE
Statements and the joint discovery plan shall be submitted to chambers no later than
October 10, 2014.
IT IS SO ORDERED.
DATED: September 5, 2014
DAVID H. BARTICK
United States Magistrate Judge
