(PC)Tommy Mackey v. Goss et al

Filing 109

ORDER signed by Magistrate Judge Jeremy D. Peterson on 3/28/2024 GRANTING 107 Defendants' Request to excuse appearance at settlement conference.(Cannarozzi, N)

1
2
3
4
5
6
7
8
9

ROB BONTA, State Bar No. 202668
Attorney General of California
PREETI K. BAJWA, State Bar No. 232484
Supervising Deputy Attorney General
JOHN W. FAULCONER, State Bar No. 298015
Deputy Attorney General
455 Golden Gate Avenue, Suite 11000
San Francisco, CA 94102-7004
Telephone: [phone]
Fax: [phone]
E-mail: [e-mail]
BRITTANY I. BOIKO, STATE BAR NO. 328256
Deputy Attorney General
Attorneys for Defendants
M. Pompa, E. Schulte, D. Rodriguez, R. Rodriguez
Jr., J. Garcia and F. Martinez

10

IN THE UNITED STATES DISTRICT COURT

11

FOR THE EASTERN DISTRICT OF CALIFORNIA

12

FRESNO DIVISION

13
14
15

TOMMY MACKEY,
Plaintiff,

16

DEFENDANTS’ REQUEST TO EXCUSE
APPEARANCE AT SETTLEMENT
__________ ORDER
CONFERENCE; [PROPOSED]

v.

17
18

1:18-cv-00988- KES-HBK

Date:
Time:
Judge:

April 9, 2024
10:00 a.m.
The Honorable Jeremy
Peterson
Action Filed: July 24, 2018

D. GOSS, et al.,

19

Defendants.

20
21
22

TO THE HONORABLE MAGISTRATE JUDGE JEREMY PETERSON:

23

The Court ordered an early settlement conference for this matter for April 9, 2024 at 10:00

24

a.m. Defendants M. Pompa, E. Schulte, D. Rodriguez, R. Rodriguez Jr., J. Garcia and F.

25

Martinez request this Court excuse their personal appearances at the upcoming settlement

26

conference.

27
28
1
Defendants’ Request to Excuse Appearance (1:18-cv-00988-KES-HBK)

1

Defendants will be represented by Deputy Attorney General John W. Faulconer and Deputy

2

Attorney General Brittany Boiko at the settlement conference. (Declaration of John W. Faulconer

3

(Faulconer Decl.), ¶ 1.)

4

Defendants’ representatives will have authority to settle this matter. (Faulconer Decl., ¶ 2.)

5

Good cause exists to excuse the appearances of Defendants at the settlement conference.

6

The Defendants perform various roles at Kern Valley State Prison and Wasco State Prison.

7

(Faulconer Decl., ¶ 3.) Requiring Defendants to attend the settlement conference proceedings

8

will divert them from their daily responsibilities. (Id.) The daily duties of Defendants include the

9

maintenance of prison security, supervising inmates, and providing services to inmates. (Id.)

10

Their absences may disrupt normal activity at the institution, and redirect staff, including staff

11

with other critical responsibilities. (Id.)

12

Because settlement decisions and full monetary authority for the upcoming conference will

13

lie with the Defendants’ counsel, it is respectfully requested that the Court excuse Defendants

14

from appearing on April 9, 2024.

15

Dated: March 27, 2024

Respectfully submitted,

16

ROB BONTA
Attorney General of California
PREETI K. BAJWA
Supervising Deputy Attorney General

17
18
19

/s/ John Faulconer
JOHN W. FAULCONER
Deputy Attorney General
Attorneys for Defendants

20
21
22
23
24
25
26
27
28
2

Defendants’ Request to Excuse Appearance (1:18-cv-00988-KES-HBK)

1
2

__________ ORDER
[PROPOSED]
Having reviewed the foregoing request and determined good cause, Defendants M. Pompa,

3

E. Schulte, D. Rodriguez, R. Rodriguez Jr., J. Garcia and F. Martinez are excused from personally

4

appearing at the upcoming settlement conference on April 9, 2024. Defendants will be

5

represented by their counsel from the California Attorney
General’s
Office.
tto ey Ge
ea sO
ce.

6
7

March 28, 2024
Dated: ___________________________

___________________________________
__
______________
____
____
_ _______
_ __________
The
Honorable
The Honorabl
Th
le Je
Jeremy
m D. Peterson
United States Magistrate Judge

8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
3

Defendants’ Request to Excuse Appearance (1:18-cv-00988-KES-HBK)