Opinion

1 2 3 4 5 6 7 8 9 UNITED STATES DISTRICT COURT 10 SOUTHERN DISTRICT OF CALIFORNIA 11 12 M.R., Case No.: 3:26-cv-03887-W-AHG 13 Plaintiff, ORDER GRANTING JOINT MOTION TO CONTINUE EARLY 14 v. NEUTRAL EVALUATION 15 AMAZON.COM, INC., et al., CONFERENCE AND CASE MANAGEMENT CONFERENCE 16 Defendants.

17 [ECF No. 8] 18 19 20 21 22 23 Before the Court is the parties’ Joint Motion to Continue the Early Neutral 24 Evaluation (“ENE”) and Case Management Conference (“CMC”) currently set for 25 August 12, 2026. ECF No. 8. 26 Parties seeking to continue an ENE must demonstrate good cause. Chmb.R. at 2 27 (stating that any request for continuance requires “[a] showing of good cause for the 28 1 request”); see FED. R. CIV. P. 6(b) (“When an act may or must be done within a specified 2 time, the court may, for good cause, extend the time”). Courts have broad discretion in 3 determining whether there is good cause. See, e.g., Johnson v. Mammoth Recreations, Inc., 4 975 F.2d 604, 607 (9th Cir. 1992); Olvera v. Citibank, N.A., No. 25-cv-789-H-AHG, 2025 5 U.S. Dist. LEXIS 117769, at *2, *4–*5 (S.D. Cal. June 19, 2025). “Good cause” is a non- 6 rigorous standard that has been construed broadly across procedural and statutory contexts. 7 Ahanchian v. Xenon Pictures, Inc., 624 F.3d 1253, 1259 (9th Cir. 2010). The good cause 8 standard focuses on the diligence of the party seeking to amend the scheduling order and 9 the reasons for seeking modification. Johnson, 975 F.2d at 609 (“[T]he focus of the inquiry 10 is upon the moving party’s reasons for seeking modification.... If that party was not 11 diligent, the inquiry should end.”). Therefore, “a party demonstrates good cause by acting 12 diligently to meet the original deadlines set forth by the court.” Merck v. Swift Transp. 13 Co., No. 16-cv-1103-PHX-ROS, 2018 WL 4492362, at *2 (D. Ariz. Sept. 19, 2018). 14 Here, the parties represent to the Court that Plaintiff’s counsel is unavailable on 15 August 12, 2026, because he will be appearing in a criminal restraining order proceeding 16 in another matter. ECF No. 8 at 2; ECF No. 8-1 at 2. As such, the parties request a 17 continuance of the ENE and CMC. Id. The parties provide a mutually available date on the 18 calendars of all participants: September 4, 2026. Id. 19 The Court appreciates that the parties have been working together, agrees that 20 Plaintiff’s counsel’s participation is crucial,1 and finds good cause to GRANT the joint 21 motion (ECF No. 8) as follows: 22 1. The ENE and CMC scheduled for August 12, 2026, are RESET for 23 September 4, 2026 at 9:30 a.m. before the Honorable Allison H. Goddard via 24 videoconference. 25 26 27 1 The Court notes that, in his declaration, Plaintiff’s counsel listed the pending motion to remand as another reason for the continuance. See ECF No. 8-1 at 2. The Court rejects this 28 1 2. In accordance with the Local Rules, the Court requires attendance of all 2 named parties, party representatives, including claims adjusters for insured defendants, and 3 the primary attorney(s) responsible for the litigation via videoconference. CivLR 4 16.1(c)(1). 5 3. Purpose of the Conference: The purpose of the ENE is to permit an informal 6 discussion between the attorneys and the settlement judge of every aspect of the lawsuit in 7 an effort to achieve an early resolution of the case. All conference discussions will be 8 informal, off the record, and confidential. 9 4. Full Settlement Authority Required: A party or party representative with 10 full and complete authority to enter into a binding settlement must be present via 11 videoconference. Full authority to settle means that a person must be authorized to fully 12 explore settlement options and to agree at that time to any settlement terms acceptable to 13 the parties. Heileman Brewing Co., Inc. v. Joseph Oat Corp., 871 F.2d 648, 653 (7th Cir. 14 1989). The person needs to have “unfettered discretion and authority” to change the 15 settlement position of a party. Pitman v. Brinker Int’l, Inc., 216 F.R.D. 481, 485–86 (D. 16 Ariz. 2003). Limited or sum certain authority is not adequate. Nick v. Morgan’s Foods, 17 Inc., 270 F.3d 590, 595–97 (8th Cir. 2001). A person who needs to call another person 18 who is not present on the videoconference before agreeing to any settlement does not 19 have full authority. 20 5. Confidential ENE Statements Required: No later than August 27, 2026,2 21 the parties shall submit confidential statements of five (5) pages or less directly to the 22 chambers of Magistrate Judge Goddard outlining the nature of the case, the claims, and the 23 defenses. These statements shall not be filed or served on opposing counsel. They shall 24 25 2 Defendant Amazon.com submitted its ENE Statement to the Court on August 5, 2026, 26 the original deadline. Email to Chambers (Aug. 5, 2026, at 8:36 PM). The Court encourages 27 the parties to engage in settlement discussions during the additional time in advance of the continued ENE. Should Defendant Amazon.com seek to submit an Updated ENE 28 1 be lodged via email at efile_goddard@casd.uscourts.gov. The ENE statement is limited to 2 five (5) pages or less. There is not a page limit on exhibits. Parties should attach any 3 documents that they believe will be important for settlement discussion as exhibits to 4 the ENE statement. Each party’s ENE statement must outline: 5 A. the nature of the case and the claims, 6 B. position on liability or defense, 7 C. position regarding settlement of the case with a specific3 8 demand/offer for settlement,4 and 9 D. any previous settlement negotiations or mediation efforts. 10 The Court may use GenAI tools to review the information that the parties submit. Either 11 party may object to the Court’s use of such tools by advising the Court’s law clerk of that 12 objection when they submit the information. The Court will respect that objection without 13 any further explanation, and the Court’s law clerk will only communicate to Judge Goddard 14 that there was an objection, not which party made the objection. 15 6. Case Management Conference: In the event the case does not settle at the 16 ENE, the Court will immediately thereafter hold a CMC pursuant to Fed. R. Civ. P. 16(b). 17 Appearance of the parties at the CMC is not required. The Court orders the following to 18 occur before the CMC: 19 A. Initial disclosures pursuant to Rule 26(a)(1)(A–D) must occur by 20 August 11, 2026. See ECF No. 5. 21 7. Appearances via Videoconference Required: All named parties, party 22 representatives, including claims adjusters for insured defendants, as well as principal 23 24 25 3 A general statement, such as that a party “will negotiate in good faith,” is a not a specific demand or offer. 26 4 If a specific demand or offer cannot be made at the time the ENE statement is submitted, 27 then the reasons as to why a demand or offer cannot be made must be stated. Further, the 28 party must explain when they will be in a position to state a demand or offer. 1 attorney(s) responsible for the litigation must attend the ENE via videoconference. All who 2 attend the ENE must be legally and factually prepared to discuss and resolve the case. 3 Counsel appearing without their clients (whether or not counsel has been given settlement 4 authority) will be subject to immediate imposition of sanctions. To facilitate the 5 videoconference ENE, the Court hereby orders as follows: 6 A. The Court will use its official Zoom video conferencing account to hold 7 the ENE. If you are unfamiliar with Zoom: Zoom is available on 8 computers through a download on the Zoom website 9 (https://zoom.us/meetings) or on mobile devices through the 10 installation of a free app.5 Joining a Zoom conference does not require 11 creating a Zoom account, but it does require downloading the .exe file 12 (if using a computer) or the app (if using a mobile device). Participants 13 are encouraged to create an account, install Zoom and familiarize 14 themselves with Zoom in advance of the ENE.6 There is a cost-free 15 option for creating a Zoom account. 16 B. Prior to the start of the ENE, the Court will email each participant an 17 invitation to join a Zoom video conference. Again, if possible, 18 participants are encouraged to use laptops or desktop computers for the 19 videoconference, as mobile devices often offer inferior performance. 20 Participants shall join the video conference by following the ZoomGov 21 Meeting hyperlink in the invitation. Participants who do not have 22 Zoom already installed on their device when they click on the 23 24 25 5 If possible, participants are encouraged to use laptops or desktop computers for the video 26 conference, rather than mobile devices. 27 6 For help getting started with Zoom, visit: https://support.zoom.us/hc/en- 28 us/categories/200101697-Getting-Started. 1 ZoomGov Meeting hyperlink will be prompted to download and 2 install Zoom before proceeding. Zoom may then prompt participants 3 to enter the password included in the invitation. 4 C. Each participant should plan to join the Zoom video conference at least 5 five minutes before the start of the ENE to ensure that the conference 6 begins promptly at 9:30 a.m. 7 D. Zoom’s functionalities will allow the Court to conduct the ENE as it 8 ordinarily would conduct an in-person one. The Court will divide 9 participants into separate, confidential sessions, which Zoom calls 10 Breakout Rooms.7 In a Breakout Room, the Court will be able to 11 communicate with participants from a single party in confidence. 12 Breakout Rooms will also allow parties and counsel to communicate 13 confidentially without the Court. 14 E. No later than August 27, 2026, counsel for each party shall send an e- 15 mail to the Court at efile_goddard@casd.uscourts.gov containing the 16 following: 17 i. The name and title of each participant, including all parties 18 and party representatives with full settlement authority, claims 19 adjusters for insured defendants, and the primary attorney(s) 20 responsible for the litigation; 21 ii. An e-mail address for each participant to receive the Zoom 22 videoconference invitation; 23 iii. A telephone number where each participant may be reached; 24 and 25 26 27 7 For more information on what to expect when participating in a Zoom Breakout Room, 28 visit: https://support.zoom.us/hc/en-us/articles/115005769646. 1 iv. A cell phone number for that party’s preferred point of 2 contact (and the name of the individual whose cell phone it is) 3 for the Court to use during the ENE to alert counsel via text 4 message that the Court will soon return to that party’s Breakout 5 Room, to avoid any unexpected interruptions of confidential 6 discussions. 7 F. All participants shall display the same level of professionalism during 8 the ENE and be prepared to devote their full attention to the ENE as if 9 they were attending in person, i.e., cannot be driving or in a car while 10 speaking to the Court. Because Zoom may quickly deplete the battery 11 of a participant’s device, each participant should ensure that their 12 device is plugged in or that a charging cable is readily available during 13 the video conference. 14 G. Counsel are advised that although the ENE will take place on Zoom, all 15 participants shall appear and conduct themselves as if it is proceeding 16 in a courtroom, i.e., all participants must dress in appropriate courtroom 17 attire. 18 H. If the case does not settle during the ENE, the Court will hold the CMC 19 immediately following the ENE with counsel only in the main session. 20 8. New Parties Must be Notified by Plaintiff or Plaintiff’s Counsel: 21 Plaintiff’s counsel must give notice of the ENE to any Defendants who have been served 22 but who have not yet filed responsive pleadings as of the date of this Order. If any 23 Defendants have not yet been served, Plaintiff’s counsel must serve them with a copy of 24 this Order along with the summons and complaint. 25 9. The failure of any party to follow these mandatory procedures shall result 26 in the imposition of sanctions. 27 / / 28 / / l 10. Questions regarding this case or these mandatory guidelines may be directed 2 || to Judge Goddard’s law clerks at (619) 557-6162. Lodged statements should be emailed to 3 || efile_goddard@casd.uscourts.gov. 4 IT IS SO ORDERED. 5 Dated: August 6, 2026 . Meurer H. Xela Honorable Allison H. Goddard 7 United States Magistrate Judge 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28