Padilla v. Beard et al

Filing 122

ORDER signed by Magistrate Judge Kendall J. Newman on 4/22/2016 ORDERING [ 114 ] As of this time, both plaintiff and his counsel are directed to appear at the 5/2/2016 settlement conference in person. (Reader, L)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JERMAINE PADILLA,

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Plaintiff,

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No. 2:14-cv-1118-KJM-CKD

ORDER

v.
JEFFREY BEARD, et al.,

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Defendants.

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On April 22, 2016, an informal telephonic conference was held in this matter before the

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undersigned to address plaintiff’s request to discuss potential alternative arrangements to having

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plaintiff and his counsel appear at the May 2, 2016 settlement conference in person. Attorney

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Lori Rifkin appeared telephonically on behalf of plaintiff. Attorney Diana Esquivel appeared

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telephonically on behalf of defendants.
As of this time, both plaintiff and his counsel are directed to appear at the May 2, 2016

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settlement conference in person. Nevertheless, as discussed during the telephonic conference, the

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undersigned is willing to reconsider this order with respect to plaintiff’s personal appearance but

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only upon a showing by plaintiff that it is the professional opinion of his mental healthcare

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physicians that his travel to and in-person attendance at the settlement conference will very likely

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cause him to suffer significant mental stress1 that could only be avoided by his attendance via

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remote means.2

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IT IS SO ORDERED.
Dated: April 22, 2016

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Significant mental stress means that plaintiff will suffer a near-catastrophic impediment to the
stabilization of his mental health.

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While no hard deadline is imposed for such a showing, the undersigned cautions plaintiff’s
counsel that she should be prepared to have both plaintiff and herself attend the settlement
conference in person and should file a request for plaintiff’s attendance via videoconference
making the requisite showing as soon as is reasonably possible.
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