1 2 3 4 5 6 7 8 9 UNITED STATES DISTRICT COURT 10 SOUTHERN DISTRICT OF CALIFORNIA 11 12 FERNANDO GONZALEZ, Case No.: 3:25-cv-02131-LL-AHG 13 Plaintiff, ORDER GRANTING IN PART AND DENYING IN PART JOINT 14 v. MOTION TO CONTINUE EARLY 15 WALMART SUPER CENTER 5023, NEUTRAL EVALUATION CONFERENCE AND CASE 16 Defendant. MANAGEMENT CONFERENCE 17 [ECF No. 7] 18 19 20 21 Before the Court is the parties’ Joint Motion to Continue the Early Neutral 22 Evaluation (“ENE”) and Case Management Conference (“CMC”) currently set for 23 January 14, 2026. ECF No. 7. 24 Parties seeking to continue an ENE must demonstrate good cause. FED. R. CIV.

(b) (“When an act may or must be done within a specified time, the court may, for good 26 cause, extend the time”); see Chmb.R. at 2 (stating that any request for continuance requires 27 “[a] showing of good cause for the request”); ECF No. 3 at 6 (same). Courts have broad 28 discretion in determining whether there is good cause. See, e.g., Johnson v. Mammoth 1 Recreations, Inc.,

(9th Cir. 1992). “Good cause” is a non-rigorous 2 standard that has been construed broadly across procedural and statutory contexts. 3 Ahanchian v. Xenon Pictures, Inc.,

, 1259 (9th Cir. 2010). The good cause 4 standard focuses on the diligence of the party seeking to amend the scheduling order and 5 the reasons for seeking modification. Johnson,

(“[T]he focus of the inquiry 6 is upon the moving party’s reasons for seeking modification.... If that party was not 7 diligent, the inquiry should end.”). Therefore, “a party demonstrates good cause by acting 8 diligently to meet the original deadlines set forth by the court.” Olvera v. Citibank, N.A., 9 No. 3:25-cv-789-H-AHG,

, at *2, *4–*5 (S.D. Cal. June 19, 10 2025) (quoting Merck v. Swift Transp. Co., No. 16-cv-1103-PHX-ROS,

4492362, at *2 (D. Ariz. Sept. 19, 2018)); see also Doe v. Wyndham Hotels & Resorts, 12 Inc., No. 3:24-cv-217-JLS-AHG,

, at *1–*2 (S.D. Cal. Oct. 9, 2025). 13 The ENE and CMC in this case were originally set for November 12, 2025. ECF 14 No. 3. The Court granted the parties’ first request for continuance, resetting the conferences 15 for January 14, 2026. ECF No. 5. The parties presently seek a second continuance of the 16 ENE and CMC, this time requesting a 60-day extension. ECF No. 7. The parties represent 17 to the Court that Plaintiff retained new counsel on November 20, 2025, who still has yet to 18 receive the full case file from the previous counsel, despite multiple requests. Id. at 2; see 19 id. (explaining that he only has received an incomplete, “extremely disorganized paper 20 version” of the case file). Plaintiff’s current counsel explains that, since he has “not 21 received information and documents necessary to meaningfully prepare for the ENE,” he 22 seeks a 60-day continuance to “review the file, prepare the client, and evaluate the case.” 23 Id. at 4. 24 While the Court will ultimately find good cause for a slight continuance due to 25 Plaintiff’s new counsel’s recent substitution, the Court does not find good cause for such a 26 lengthy, 60-day continuance. The Court is not persuaded that the parties “act[ed] diligently 27 to meet the original deadlines set forth by the court.” Merck,

, at *2. 28 First, the deadline for the parties to meet and confer pursuant to Rule 26(f) was 1 December 1, 2025. ECF No. 5 at 4. Yet the parties make no mention of complying that 2 deadline in their motion. See ECF No. 7 at 2 (“While counsel for the parties have been in 3 communication, they have been unable to substantively discuss the details of the case”); 4 see also Email to Chambers (Dec. 17, 2025, at 7:04 AM) (parties’ proposed order with list 5 of items they seek to be continued, including the Rule 26(f) conference). Second, by filing 6 the motion fifteen days after1 the December 1, 2025, meet and confer deadline; one day 7 before the December 17, 2025, Joint Case Management Statement Deadline; and two days 8 before the December 18, 2025, deadline to serve the first round of written discovery, the 9 parties failed to follow the Court’s Chambers Rules. See Chmb.R. at 2 (requiring that “[a]ll 10 requests for continuances must be made by a joint motion no less than seven calendar days 11 before the affected date”) (emphasis added). When new counsel was retained on 12 November 20, 2025, he would have been aware that he may be unable to comply with the 13 December 1, 2025, meet and confer deadline, and should have sought relief at that time. 14 Third, the Court notes that the parties do not provide specific details regarding what they 15 plan to use an additional 60 days to accomplish—i.e., why 60 days is needed as opposed 16 to, for example, 30 days. Generic requests to “develop a more complete understanding of 17 Plaintiff’s future treatment needs,” without a specific plan to obtain additional medical 18 records or a firm date for a scheduled follow-up with a physician, do not provide the Court 19 with enough information to support such a departure from the Local Rules. See, e.g., CivLR 20 16.1(c) (requiring that an ENE take place within 45 days of the filing of the first answer); 21 ECF No. 2 (answer filed in federal court on October 17, 2025). 22 Upon consideration of the foregoing, the Court GRANTS IN PART and DENIES 23 IN PART the parties’ joint motion as follows: 24

25 1 The Court recognizes that Plaintiff emailed the Court with a continuance request on 26 December 15, 2025. Email to Chambers (Dec. 15, 2025, at 12:29 PM). Even if the email 27 had complied with the Court’s requirement that a joint motion be filed on the docket, the 28 request would still be untimely. 1 1. The ENE and CMC scheduled for January 14, 2026, are RESET for 2 February 24, 2026 at 2:00 p.m. before the Honorable Allison H. Goddard via 3 videoconference. 4 2. Purpose of the Conference: The purpose of the ENE is to permit an informal 5 discussion between the attorneys and the settlement judge of every aspect of the lawsuit in 6 an effort to achieve an early resolution of the case. All conference discussions will be 7 informal, off the record, and confidential. 8 3. Full Settlement Authority Required: A party or party representative with 9 full and complete authority to enter into a binding settlement must be present via 10 videoconference. Full authority to settle means that a person must be authorized to fully 11 explore settlement options and to agree at that time to any settlement terms acceptable to 12 the parties. Heileman Brewing Co., Inc. v. Joseph Oat Corp.,

(7th Cir. 13 1989). The person needs to have “unfettered discretion and authority” to change the 14 settlement position of a party. Pitman v. Brinker Int’l, Inc.,

, 485–86 (D.

). Limited or sum certain authority is not adequate. Nick v. Morgan’s Foods, 16 Inc.,

, 595–97 (8th Cir. 2001). A person who needs to call another person 17 who is not present on the videoconference before agreeing to any settlement does not 18 have full authority. 19 4. No later than February 4, 2026, the parties must each serve their first round 20 of written discovery. 21 5. No later than February 11, 2026, counsel for the parties must meet and confer 22 in person, via videoconference, or by phone regarding settlement. 23 6. Confidential ENE Statements Required: No later than February 18, 2026, 24 the parties shall submit confidential statements directly to the chambers of Magistrate 25 Judge Goddard outlining the nature of the case, the claims, and the defenses. These 26 statements shall not be filed or served on opposing counsel. They shall be lodged via 27 email at [email protected]. The ENE statement is limited to five (5) pages 28 or less. There is not a page limit on exhibits. Each party’s ENE statement must outline: 1 A. confirmation of the date written discovery was served (see ¶ 4), 2 B. confirmation of the date that counsel met and conferred regarding 3 settlement (see ¶ 5), 4 C. the nature of the case and the claims, 5 D. position on liability or defense, 6 E. position regarding settlement of the case with a specific2 7 demand/offer for settlement,3 and 8 F. any previous settlement negotiations or mediation efforts. 9 The Court may use GenAI tools to review the information that the parties submit. 10 Either party may object to the Court’s use of such tools by advising the Court’s law clerk 11 of that objection when they submit the information. The Court will respect that objection 12 without any further explanation, and the Court’s law clerk will only communicate to Judge 13 Goddard that there was an objection, not which party made the objection. 14 7. Case Management Conference: In the event the case does not settle at the 15 ENE, the Court will immediately thereafter hold a CMC pursuant to Fed. R. Civ. P. 16(b). 16 Appearance of the parties at the CMC is not required. The Court orders the following to 17 occur before the CMC: 18 A. The parties must meet and confer pursuant to Fed. R. Civ. P. 26(f) no 19 later than February 6, 2026. 20 B. The parties must file a Joint Case Management Statement by 21 February 17, 2026. The Joint Case Management Statement must 22 address all points in the “Joint Case Management Statement 23

24 25 2 A general statement, such as that a party “will negotiate in good faith,” is not a specific demand or offer. 26 3 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 Requirements for Magistrate Judge Allison H. Goddard,” which can be 2 found on the court website at: 3 https://www.casd.uscourts.gov/Judges/goddard/docs/Goddard%20Join 4 t%20Case%20Management%20Statement%20Rules.pdf. 5 C. Initial disclosures pursuant to Rule 26(a)(1)(A-D) must occur by 6 February 20, 2026. 7 8. Appearances via Videoconference Required: All named parties, party 8 representatives, including claims adjusters for insured defendants, as well as principal 9 attorney(s) responsible for the litigation must attend the ENE via videoconference. All who 10 attend the ENE must be legally and factually prepared to discuss and resolve the case. 11 Counsel appearing without their clients (whether or not counsel has been given settlement 12 authority) will be subject to immediate imposition of sanctions. To facilitate the 13 videoconference ENE, the Court hereby orders as follows: 14 A. The Court will use its official Zoom video conferencing account to hold 15 the ENE. If you are unfamiliar with Zoom: Zoom is available on computers through a 16 download on the Zoom website (https://zoom.us/meetings) or on mobile devices through 17 the installation of a free app.4 Joining a Zoom conference does not require creating a Zoom 18 account, but it does require downloading the .exe file (if using a computer) or the app (if 19 using a mobile device). Participants are encouraged to create an account, install Zoom and 20 familiarize themselves with Zoom in advance of the ENE.5 There is a cost-free option for 21 creating a Zoom account. 22 B. Prior to the start of the ENE, the Court will email each participant an 23 invitation to join a Zoom video conference. Again, if possible, participants are encouraged 24 25 4 If possible, participants are encouraged to use laptops or desktop computers for the video 26 conference, rather than mobile devices. 27 5 For help getting started with Zoom, visit: https://support.zoom.us/hc/en- 28 1 to use laptops or desktop computers for the video conference, as mobile devices often offer 2 inferior performance. Participants shall join the video conference by following the 3 ZoomGov Meeting hyperlink in the invitation. Participants who do not have Zoom 4 already installed on their device when they click on the ZoomGov Meeting hyperlink 5 will be prompted to download and install Zoom before proceeding. Zoom may then 6 prompt participants to enter the password included in the invitation. 7 C. Each participant should plan to join the Zoom video conference at least 8 five minutes before the start of the ENE to ensure that the conference begins promptly at 9 2:00 p.m. 10 D. Zoom’s functionalities will allow the Court to conduct the ENE as it 11 ordinarily would conduct an in-person one. The Court will divide participants into separate, 12 confidential sessions, which Zoom calls Breakout Rooms.6 In a Breakout Room, the Court 13 will be able to communicate with participants from a single party in confidence. Breakout 14 Rooms will also allow parties and counsel to communicate confidentially without the 15 Court. 16 E. No later than February 18, 2026, counsel for each party shall send an 17 e-mail to the Court at [email protected] containing the following: 18 i. The name and title of each participant, including all parties 19 and party representatives with full settlement authority, claims 20 adjusters for insured defendants, and the primary attorney(s) 21 responsible for the litigation; 22 ii. An e-mail address for each participant to receive the Zoom 23 videoconference invitation; 24 iii. A telephone number where each participant may be reached; 25 and 26

27 6 For more information on what to expect when participating in a Zoom Breakout Room, 28 1 iv. Acell 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 ENE and be prepared to devote their full attention to the ENE as if they were attending 9 person, 1.e., cannot be driving or in a car while speaking to the Court. Because Zoom 10 ||may quickly deplete the battery of a participant’s device, each participant should ensure 11 ||that their device is plugged in or that a charging cable is readily available during the 12 || videoconference. 13 G. Counsel are advised that although the ENE will take place on Zoom, all 14 || participants shall appear and conduct themselves as if it is proceeding in a courtroom, i.e., 15 || all participants must dress in appropriate courtroom attire. 16 H. If the case does not settle during the ENE, the Court will hold the CMC 17 ||immediately following the ENE with counsel only in the main session. 18 9. The failure of any party to follow these mandatory procedures shall result 19 ||in the imposition of sanctions. 20 10. Questions regarding this case or these mandatory guidelines may be directed 21 || to Judge Goddard’s law clerks at (619) 557-6162. Lodged statements should be emailed to 22 || efile_goddard @casd.uscourts.gov. 23 IT IS SO ORDERED. Dated: December 17, 2025 _AWiarmH. Xoo Honorable Allison H. Goddard 26 United States Magistrate Judge 27 28