Letter,Correspondence: Meline, Edward Richard et al vs Jessee, Nelda F et al

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                                JOHN      JEFFERY       CARTER
                                                                   LAW'OFFICE


                                                                    January 7, 2020

                  VIA HAND DELIVERY
                  The Honorable Robert A. Glusman, Judge
                  Butte County Superior Court
                  1775 Concord Avenue
                  Chico, CA 95928

                           Re:      Meline, et a1.  v Meline
                                    Butte County Superior Court Case No'.          127180

                  Dear Judge Glusman:

                           This  letter is written on behalf ofall counsel   involved in the above referenced action with respect
                  to the Settlement Conference scheduled in the action this Wednesday, January 8, 2020, at            1:30 pm in your
                  department.

                           As  has  been   the case  throughout   much    of thislingering   litigation, counsel   have  worked    well
                  among themselves to bridge the differences between their parties. Indeed, almost three years ago during a
                  previously   set trialin this matter  the parties  were Iable  to reach  a settlement  premised   upon   a condition
                  precedent.  Unfortunately,    the condition  precedent has    not been   satisfied and  thus the  settlement  is null
                  and void.

                           At  the last case  management     conference   herein,  this matter  was  set for  trialon  September    l4,
                 12020,  beginning at 8:30   am  in your department and settlement conference was         set herein as  noted above.
                  At the case management conference,        Judge Mosbarger,    upon   hearing  of certain  parties’ unavailability to
                  attend the settlement conference, advised counsel that appearance of their clients was unnecessary.

                           Counsel   continue towork     to find  resolution  of this matter.  However,   given  the  resetting of this
                  matter for trial, counsel believe that a   settlement conference this Wednesday is premature and thus          likely
                  to be unproductive.   However,    counsel  agree that due to the conict     of almond harvest,   in  which  many of
                  the parties are involved, with the trial date now set herein on September l4, 2020,- there is a need to move
                  the trial to a date convenient   for all parties, their counsel,  and  for the Court. ’Withthis    in mind,  counsel
                  respectfully request the Court t0 change Wednesday’s conference from being a settlement conference to a
                  case management conference for trial       setting purposes to change trial to July or early August and to reset
                  a settlement conference herein closer to the rescheduled trial date.       In doing so, the time necessary for the
                  proceeding should be shortened considerably.

                           Additionally, 'Charleton Pearse practices     in Sacramento    and  in light of the unavailability   of four
                  of  his ve    clients on  Wednesday     and  the  presumed    change   in the  nature  of the  proceedings    from  a
                  settlement  conference to   a case management      conference,   counsel respectfully   request that  he be  allowed
                  to attend telephonically by either his calling the Court or alternatively the Court calling him. The number
                  at which, he  will  be'available  is (916)  502-2911.   If the  Court  prefers  that he call it, please  provide'the
                  number for him to call.




                                                                                                           '
                             329 FLUME STREET. PO. BOX 3606  CHICO. CALIFORNIA    95927—3606 ' S30 342 6196  FAX: S30 342 6195
                  Re: Ale/me \‘.Melina
                       Butte County Superior Cou      ase N0. [27180
                  January 7. 2020
                  Page 2 of]


                           In sum.  counsel  respectfully  request  that the Court  change the nature of Wednesday's       proceeding
                  in this matter from a settlement   conference to a case management conference         for trialsetting purposes and
                  allow   Charleton   Pearse   to  appear   tclcphonically,   his  clients  having   been  excused    from   attending
                  previously.  Should   the  Court  have  any  comments    or  questions  conceming    the  foregoing,  please  do  not
                  hesitate to call me at  (530)  342- 6196  or on  my eell  at(530)  520- 6196   atany  time. Otherwise    three of us
                  will  be  appearing   at Court   on  Wednesday     at  l. 30 pm   and  one   namely    Charleton    Pearse   will  be
                  appearing telephonieally     albeitwith the C       .     mission.




                                                                      /
                                                             /Sincerely



                                                               JOHN        lHlRYCARllR
                  UCznh
                  cc: Aaron Moore
                     Charleton Pearse
                      Nels Christensen
                      Randy Meline