Moore v. Gate Gourmet, Inc. et al

1
25-cv-2156-JES-MMP
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF CALIFORNIA
LISA MOORE,
Plaintiff,
v.
GATE GOURMET, INC. et al.,
Defendants.
Case No.: 25-cv-2156-JES-MMP
ORDER DENYING JOINT MOTION
TO VACATE OR CONTINUE
EARLY NEUTRAL EVALAUTION
[ECF No. 16]
Before the Court is the parties’ Joint Motion to vacate or continue the Early Neutral
Evaluation (“ENE”) to a date after the parties’ private mediation scheduled for May 21,
2026. ECF No. 16.
Per CivLR 16.1(c), counsel and the parties must appear for an early neutral
evaluation within forty-five (45) days of filing an answer. Here, the answer was filed
December 8, 2025. ECF No. 13. The parties’ request to hold the ENE over five months
after the answer was filed is not in the spirit or language of CivLR 16.1. The parties do not
establish good cause for such a significant delay in this action. Therefore, the Court
DENIES the joint motion to vacate or continue ENE.
Case 3:25-cv-02156-JES-MMP Document 17 Filed 01/29/26 PageID.<pageID>
Page 1 of 2

2
25-cv-2156-JES-MMP
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
In accordance with the undersigned’s Chambers Rule VII, the Court finds pre-ENE
calls with counsel will be productive in this case. Accordingly, the Court SETS pre-ENE
calls with counsel only on February 9, 2026 between 9:30 and 10:30 AM. Counsel shall
be available during this time period for a call from the Court.
No later than February 5, 2026, each party must provide the undersigned’s efile
(efile_Pettit@casd.uscourts.gov) the direct number for the attorney of record handling the
Pre-ENE call.
IT IS SO ORDERED.
Dated: January 29, 2026 	_____________________________________________
HON. MICHELLE M. PETTIT
United States Magistrate Judge
Case 3:25-cv-02156-JES-MMP Document 17 Filed 01/29/26 PageID.<pageID>
Page 2 of 2