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R.H., A Minor, By and Through Her Guardian Ad Litem, Elizabeth v. County of Lake; Lake County Sheriff's Department; Rodney Mitchell

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA


March 19, 2013

R.H., A MINOR, BY AND THROUGH HER GUARDIAN AD LITEM, ELIZABETH TOWN; AND K.H., A MINOR, BY AND THROUGH HER GUARDIAN AD LITEM, ELIZABETH TOWN; WILLIAM HATFIELD; AND JUDY HATFIELD,, PLAINTIFFS,
v.
COUNTY OF LAKE; LAKE COUNTY SHERIFF'S DEPARTMENT; RODNEY MITCHELL; JASON FINDLEY, JEREMY WICHLAZ; RYAN WEST; MICHAEL HARTMAN; MARI GALLARDO; ROBERTA BRUCK; JANICE MILLS; YVETTE PADILLA; LAKE COUNTY DEPARTMENT OF MENTAL HEALTH; PATRICIA TRUJILLO; CITY OF CLEARLAKE; CLEARLAKE POLICE DEPARTMENT; ALLAN MCCLAIN, TIMOTHY HOBBS; RODD JOSEPH; LAUREN VANCE; TRAVIS LENZ; TYLER PAULSEN; CALIFORNIA FORENSIC MEDICAL GROUP, INC.; ROBIN BRIGGS; KC GRIGSBY; F. ANTONIO; ADVENTIST HEALTH CLEARLAKE HOSPITAL, INC. D/B/A ST. HELENA HOSPITAL CLEARLAKE; WILLIAM T. DURKIN, JR., M.D., WILLIAM T. DURKIN, JR., M.D., INC.; AND DOES 1 THROUGH 50, DEFENDANTS.

The opinion of the court was delivered by: Honorable Magistrate Judge Maria-Elena James

CITY OF CLEARLAKE DEFENDANTS' REQUEST TO BE EXCUSED FROM PERSONALLY ATTENDING THE SETTLEMENT CONFERENCE; [PROPOSED] ORDER. Date: April 3, 2013 Time: 10:00 a.m. Judge: Hon. Maria-Elena James

CITY OF CLEARLAKE DEFENDANTS' REQUEST TO BE EXCUSED FROM PERSONALLY ATTENDING THE SETTLEMENT CONFERENCE; [PROPOSED] ORDER

J:\1427\sf0006\Pleading\MSC\Request to Appear Telephonically.docx Case No: 4:11-cv-02396 PJH (MEJ)

Defendants CITY OF CLEARLAKE, ALLAN McCLAIN, TIMOTHY HOBBS, RODD JOSEPH, LAUREN VANCE, TRAVIS LENZ and TYLER PAULSEN (collectively the "City Defendants") respectfully request that defendants McClain, Hobbs, Joseph, Vance, Lenz, and 6 Paulsen be permitted to attend the April 3, 2013 settlement conference by telephone standby. 7 With the exception of Chief McClain, who is now retired and lives out-of-state, the 8 individual defendants are officers of the Clearlake Police Department, a small municipal 9 department that may not be able to provide full staffing and back-up for the purpose of public 10 safety if five of its officers are in San Francisco for the settlement conference. In addition, the 11 depositions of Chief McClain, Officer Vance, and Officer Lenz have not been taken in this 12 matter.

Trial counsel Dale L. Allen, Jr. and/or Dirk D. Larsen will attend the settlement 14 conference in person, along with a representative from the City of Clearlake. The representative 15 will have the full authority to settle the matter on behalf of the individual defendants, and be 16 fully able to participate in the settlement conference. This request is also made for the 17 convenience of the Court, with respect to the number of persons attending the conference.

Dated: March 18 , 2013 LOW, BALL & LYNCH 20 21 By /s/ Dale L. Allen, Jr. 22 DALE L. ALLEN, JR. DIRK D. LARSEN KEVIN P. ALLEN Attorneys for Defendants 23 CITY OF CLEARLAKE, ALLAN WADE MCCLAIN, TIMOTHY HOBBS, RODD 24 JOSEPH, LAUREN VANCE, TRAVIS LENZ, and TYLER PAULSEN

Defendants ALLAN McCLAIN, TIMOTHY HOBBS, RODD JOSEPH, LAUREN VANCE, TRAVIS LENZ and TYLER PAULSEN are hereby allowed to appear at the April 3, 2013 settlement 5 conference by telephone standby. 6

20130319

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