Coleman, et al v. Schwarzenegger, et al

Filing 8164

ORDER signed by Chief District Judge Kimberly J. Mueller on 03/21/24 GRANTING 8155 Request; EXCUSING Secretary Macomber and Nicholas Weber from appearing at the 03/28/24 Status Conference in person, Macomber on the condition he remain available to Mediator by telephone for the duration of the mediation; EXCUSING Dr. Leider from attending in person and GRANTING appearing remotely. (Benson, A.)

1

On March 12, 2024, Defendants informed the mediator, Mr. Saltiel, and Plaintiffs’ counsel

2 of Secretary Macomber’s unavailability on March 29. Both Mr. Saltiel and Mr. Bien indicated
3 that they did not object to Secretary Macomber’s absence on March 29 (but Mr. Saltiel did note
4 that Defendants should obtain relief from the court, which Defendants had planned to do).
5

Principals representing Defendants with full authority and similar knowledge as Messrs.

6 Macomber and Weber will be present in their stead on both March 28 (including Dr. Toche,
7 Jennifer Neill, and Dr. Cartwright) and 29 (Ms. Neill and David Sapp). Dr. Leidner is able to
8 attend the Status Conference remotely. Secretary Macomber can also be available by phone as the
9 need arises at mediation on March 29.
10

Secretary Macomber did not previously bring his unavailability to the court’s attention,

11 having intended to raise it through his counsel with Mr. Saltiel at the parties’ first discussion on
12 March 12, 2024.
13

In light of Secretary Macomber, Mr. Weber, and Dr. Leidner’s unavailability due to pre-

14 planned vacations, and the fact that individuals with full authority and knowledge will be present
15 in their stead, Defendants respectfully request that Secretary Macomber and Mr. Weber be
16 excused from the Status Conference on March 28, that Dr. Leidner be permitted to attend
17 remotely, and that Secretary Macomber be excused from the mediation on March 29.
18

Defendants informed Plaintiffs’ counsel of these individuals’ unavailability, and Plaintiffs’

19 counsel indicated that they do not object to Defendants’ request to excuse Secretary Macomber
20 and Mr. Weber from attending the March 28 Status Conference, nor do they object to Dr. Leidner
21 attending the Status Conference remotely. Plaintiffs’ counsel also do not object to the request to
22 excuse Secretary Macomber from attending mediation on March 29.
23 DATED: March 13, 2024
24
25

ROB BONTA
Attorney General of California

By:
/s/ Elise Owens Thorn
DAMON MCCLAIN
Supervising Deputy Attorney General
ELISE OWENS THORN
Deputy Attorney General
Attorneys for Defendants

26
27
28
20627680.1

2
NOTICE OF UNAVAILABILITY AND REQUEST TO BE EXCUSED; ORDER

1 DATED: March 13, 2024

HANSON BRIDGETT LLP

2
3

By:
/s/ Samantha Wolff
LAWRENCE M. CIRELLI
PAUL B. MELLO
SAMANTHA D. WOLFF
Attorneys for Defendants

4
5
6
7
8

ORDER

9

GOOD CAUSE APPEARING, Secretary Macomber and Nicholas Weber are excused

10
11

from appearing at the March 28, 2024 Status Conference.

12
13
14
15

Dr. Leidner is excused from attending the March 28, 2024 Status Conference in person.
While the court disfavors hybrid proceedings, in this instance it grants Dr. Leidner's request to
appear remotely on the condition that Dr. Leidner make arrangements in advance with
Courtroom Deputy Casey Schultz to appear by video conference.

16
17
18
19

Secretary Macomber is excused from attending the March 29, 2024 mediation in-person
on the condition that he remain available to the Ninth Circuit Mediator Mr. Saltiel by telephone
for the duration of the mediation and that he provide to the court and the mediator beforhand the
phone number where he can be reached.

20
21

IT IS SO ORDERED.
DATED: March 21, 2024

22
23
24
25
26
27
28
20627680.1

3
NOTICE OF UNAVAILABILITY AND REQUEST TO BE EXCUSED; ORDER