Allen v. Stanislaus County et al

Filing 116

STIPULATION and ORDER to excuse individual Defendants from attending Settlement Conference 114 signed by Magistrate Judge Michael J. Seng on 2/9/2018. (Lundstrom, T)

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A PROFESSIONAL CORPORATION
John R. Whitefleet, SBN 213301
350 University Avenue, Suite 200
Sacramento, California 95825
TEL: [phone]
FAX: [phone]

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Attorneys for Defendants
STANISLAUS COUNTY, PUTHUFF, CHRISTIANSON, DUNCAN, LLOYD, SUAREZ,
CLIFTON, RADZA, TRUFFA, CARDOZA, AZIZ, MAULDIN, MAZE, GALLES, MEYERS
and WILLIAMS

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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COLUMBUS ALLEN, JR., II,

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No. 1:13-CV-00012-DAD-SAB

Plaintiff,

STIPULATION AND ORDER TO EXCUSE
INDIVIDUAL DEFENDANTS FROM
ATTENDING SETTLEMENT
CONFERENCE

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vs.
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STANISLAUS COUNTY, et al
Defendants.
____________________________________/

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The parties hereby submit the following Stipulation excusing the individual Defendants from
attending the Settlement Conference scheduled for February 22, 2018 before Magistrate Judge Seng.
Defendants submit good cause exists to excuse the attendance of the fifteen named individual
defendants. First, no aspect of settlement hinges upon their attendance. Employees and former
employees of a public entity are entitled to be defended and indemnified by the public entity upon
request in a civil action against the employee for an act or omission in the scope of employment.
See Cal. Gov. Code sec. 995. Further, the public entity shall pay any compromise or settlement. See
Cal. Gov. Code sec. 825(a).

Here, Defendants have requested the County to provide, and the

County is so providing, defense of the current civil action being brought against them. Thus, any
payment of any potential settlement will not come from the individual defendants. Counsel for
Defendants will obtain the necessary authority from them.
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STIPULATION TO EXCUSE ATTENDANCE OF INDIVIDUAL DEFENDANTS
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Second, Defendants submit the individual defendants include duly-elected Sheriff

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Christianson, together with some of his command staff to include Cpt. Duncan, Lts. Lloyd and

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Clifton, as well as five deputies who remain employed with the County. Clearly, their absence

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would have a significant impact on the operations of the Sheriff’s Department, and having several of

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deputies absent at the same time could cause scheduling problems and unnecessary overtime. In

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addition, several defendants are retired and live out of State, and thus to require their attendance

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would be burdensome. Several others have left employ and have other employment that would be

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interrupted.

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Third, Defendants submit that in addition to counsel for Defendants the undersigned, an

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appropriate authorized County representative will be present at the Settlement conference. Please

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note that final authority to settle is vested in the Stanislaus County Board of Supervisors, as are all

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settlements. Thus, the attendance of an authorized County representative obviates the need for the

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individual defendants to personally attend.

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In light of the representation that an authorized County representative will be present,

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counsel for Plaintiff agrees to the excuse of the individual defendants’ attendance at the Settlement

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Conference.

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Respectfully submitted,
Dated: February 9, 2018

Shook, Hardy & Bacon L.L.P

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By /s/Joan R. Camagong (authorized on 2/8/18)
Joan R. Camagong
Attorneys for Plaintiff

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Dated: February 9, 2018

PORTER SCOTT
A PROFESSIONAL CORPORATION

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By /s/ John R. Whitefleet
John R. Whitefleet
Attorneys for Defendants
STANISLAUS
COUNTY,
PUTHUFF
CHRISTIANSON, DUNCAN, LLOYD,
SUAREZ, CLIFTON, RADZA, TRUFFA,

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STIPULATION TO EXCUSE ATTENDANCE OF INDIVIDUAL DEFENDANTS
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CARDOZA, MAULDIN, MAZE, MEYERS,
GALLES and WILLIAMS

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ORDER

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Good cause appearing, Defendants PUTHUFF, CHRISTIANSON, DUNCAN,

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LLOYD, SUAREZ, CLIFTON, RADZA, TRUFFA, CARDOZA, AZIZ, MAULDIN, MAZE,

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GALLES, MEYERS and WILLIAMS are hereby excused from personal attendance at the

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February 22, 2018, Settlement Conference before the undersigned.
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IT IS SO ORDERED.

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February 9, 2018

Dated:

/s/

Michael J. Seng

UNITED STATES MAGISTRATE JUDGE
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STIPULATION TO EXCUSE ATTENDANCE OF INDIVIDUAL DEFENDANTS
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