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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