Opinion
21cv1016-JLS (MSB)
07-19-2021
ANN KENNEY, individually and on behalf of all others similarly situated, Plaintiff, v. FRUIT OF THE EARTH, INC., et al., Defendants.
ORDER GRANTING IN PART JOINT MOTION TO EXCUSE CVS FROM APPEARING AT ENE CONFERENCE [ECF NO. 15]
Michael S. Berg United States Magistrate Judge
The parties filed a “Joint Motion to Excuse CVS from Appearing at the ENE Conference, ” on July 19, 2021. (ECF NO. 15.) In support, counsel for Defendants explains that “CVS is indemnified by Fruit of the Earth and Fruit of the Earth has authority to negotiate a settlement, in any, subject to CVS approval. CVS will not unreasonably withhold its agreement if any settlement agreement is reached during the ENE Conference.” (ECF No. 15-1 at 2.)
Having considered the Parties' Joint Motion, finds good cause to and GRANTS the Joint Motion in part. CVS is excused from appearing at the ENE Conference scheduled for August 2, 2021 at 1:30 p.m. However, since any settlement negotiated by Fruit of the Earth will remain subject to CVS' approval, a representative from CVS with settlement authority must be available to Defendants' counsel by telephone for the duration of the ENE conference.
IT IS SO ORDERED.