Opinion
7:21-cv-00041 (WLS)
08-20-2021
MARTIN J. WALSH, Secretary of Labor, Plaintiff, v. TISHCO PROPERTIES, LLC, et al., Defendants.
ORDER
W. LOUIS SANDS, SR. JUDGE
Before the Court is a “Joint Motion for Telephonic Scheduling Conference” filed by the Parties on August 16, 2021. (Doc. 15.) Therein, the Parties request to appear for the Initial Scheduling and Discovery Conference telephonically. (Id.) The Parties make this request in light of the rising number of cases of the Delta variant of the virus COVID-19 and cite to the recent CDC guidelines and recommendation for all individuals to wear face masks regardless of whether they have received a vaccination against the virus. (Id.)
The Court has consistently required in-person attendance at discovery conferences because of the benefits gained from attending and resolving unsettled issues in-person. While the Court is sensitive to the risks posed by the COVID-19 pandemic, the moratorium on jury trials has ended, and attorneys have begun travelling to court for hearings and conferences regularly. Furthermore, the Rules 16/26 Order specifically states that a telephone conference may be considered “in exceptional circumstances only.” (Doc. 14 at 4.) Because the Parties have not demonstrated exceptional circumstances unique to their individual or joint claims, the Court does not find it necessary to hold the Initial Discovery and Scheduling Conference telephonically at this time.
The Court notes that Standing Order 2021-08 was issued by Chief Judge Marc T. Treadwell on August 2, 2021 in response to the recent uptick in COVID-19 cases caused by the Delta variant of the virus. Standing Order 2021-08 limits access to the Court based on the need to protect public health. The Standing Order also mandates the use of masks for all individuals while in the courthouse.
Accordingly, the “Joint Motion for Telephonic Scheduling Conference” filed by the Parties (Doc. 15) is DENIED.
SO ORDERED.