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Jesse J. Byrd, Malik Britt, Rashad Conley, and andrew Emil Armstrong v. the City and County of San Hearing Francisco

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA


February 4, 2013

JESSE J. BYRD, MALIK BRITT, RASHAD CONLEY, AND ANDREW EMIL ARMSTRONG,
PLAINTIFFS,
v.
THE CITY AND COUNTY OF SAN HEARING FRANCISCO;
SAN FRANCISCO POLICE DEPARTMENT;
ROSELO PASCUA; ALEX PLACE RODATOS;
KELVIN SANDERS;
JONATHON CATLETT; RICHARD SOARES; WILLIAM ESCOBAR; AND DOES 20 NO. 1-20, INCLUSIVE.
DEFENDANTS.

The opinion of the court was delivered by: Kandis A. Westmore United States Magistrate Judge

DATE: Feb. 13, 2013 TIME: 11:00 A.M. 18 Trial Date: March 11, 2013 21

STIPULATED APPLICATION TO EXCUSE DEFENDANTS RODATOS AND ESCOBAR FROM ATTENDANCE AT SETTLEMENT CONFERENCE; DECLARATION OF BRADLEY A. RUSSI; [PROPOSED] ORDER 1301 Clay Street 19 Oakland, CA

Judge Westmore

Alex Rodatos and William Escobar. Defendants request that Sergeant Rodatos and Liutenant Escobar 3 be excused from the settlement conference scheduled for February 13, 2013. Sergeant Rodatos has a 4 medical issue that has rendered him unable to travel to the conference. He will be available by 5 telephone. Lieutenant Escobar has been attending a multiple-month training course. He is required to 6 participate in the end of the training course, which is scheduled for February 13, or he will have to 7 repeat the entire course. 8

Police Department. The presence of Sergeant Rodatos and Lieutenant Escobar is not necessary to 10 authorize a settlement. Furthermore, Plaintiffs have already taken the depositions of these Defendants. 11 settlement conference.

Dated: February 1, 2013

This office represents the Defendants in the above-referenced matter, including Defendants The other individual defendants will be present, as will a representative from the San Francisco Plaintiffs' counsel has stipulated to excusing Rodatos and Escobar from attendance at the

DENNIS J. HERRERA City Attorney CHERYL ADAMS Chief Trial Attorney BRADLEY A. RUSSI Deputy City Attorney By: /s/ Bradley A. Russi BRADLEY A. RUSSI Attorneys for Defendants CITY AND COUNTY OF SAN FRANCISCO, ET AL Defs' App. to Excuse Rodatos, Escobar; 2

DECLARATION OF BRADLEY A. RUSSI

I, Bradley A. Russi, declare as follows:

1. I am an attorney admitted to practice law in the State of California and before this Court. I am employed as a Deputy City Attorney with the Office of the City Attorney for the City and 5 County of San Francisco. I am assigned to represent the defendants in the above-captioned litigation. 6

2. I am informed and believe that Sergeant Rodatos has a medical issue that has rendered 7 him unable to travel to the conference. He will be available by telephone. 8

3. Lieutenant Escobar has been attending a multiple-month training course. He is required 9 to participate in the end of the training course, which is scheduled for February 13, or he will have to 10 repeat the entire course. 11

4. I have conferred with Plaintiffs' counsel regarding the presence of Rodatos and Escobar 12 at the settlement conference. Plaintiffs' counsel stipulated that Rodatos and Escobar need not attend. 13

I declare under penalty of perjury under the laws of the State of California that the preceding 14 declaration is true, and that this declaration was executed February 1, 2013 in San Francisco, 15 California. 16

/s/ Bradley A. Russi BRADLEY A. RUSSI

[PROPOSED] ORDER

Upon good cause shown, Defendants Alex Rodatos and William Escobar are excused from 3 attendance at the February 13, 2013, settlement conference of this matter. 4

IT IS SO ORDERED

20130204

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