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Fuller v. City of Richmond

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA


November 20, 2006

RE: FULLER
v.
CITY OF RICHMOND

The opinion of the court was delivered by: Hon. Joseph C. Spero

WILLIAM K. HOUSTON, JR. James V. Fitzgerald, III ames.fitzgerald@mcnamaralaw.com Honorable Joseph C. Spero United States District Court, 15 th Floor 450 Golden Gate Avenue San Francisco, CA 94102

Dear Magistrate Judge Spero:

We are writing to formally request that your excuse our four police officer Defendants from their personal attendance at the upcoming November 30 th settlement conference. You will recall that all five Defendant officers (one has since been dismissed) personally attended the last settlement conference with you on May 23 rd and you had the opportunity to interact with them.

However, due to staffing issues at the City of Richmond, having these four officers personally attend the upcoming settlement conference would put an undue hardship on the officers and the City. None of them have anything to do with settlement authority. Further, Plaintiff's counsel does not have an objection to their attendance via telephone standby. As such, we request that your excuse these officers from a personal appearance on November 30 th and allow them to participate in the conference via telephone standby. As you are also probably aware, Mr. Fuller will be participating only via telephone standby due to his incarceration in state prison.

Should you have any questions, please do not hesitate to contact the undersigned, or Noah G. Blechman, the associate assisting on this matter.

James V. Fitzgerald, III

20061120

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