Shekarlab v. County of Sacramento et al

Filing 52

ORDER signed by Magistrate Judge Kendall J. Newman on 3/28/2019 IT IS SO ORDERED 40 that Defendants Manjeet Kaur, R.N. and Joyce Amajor, R.N. are hereby EXCUSED from personal attendance at the Settlement Conference, currently scheduled for 4/3/2019, before KJN. (Reader, L)

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1 2 3 4 5 6 7 A PROFESSIONAL CORPORATION John R. Whitefleet, SBN 213301 Daniel J. Bardzell, SBN 313993 350 University Ave., Suite 200 Sacramento, California 95825 TEL: 916.929.1481 FAX: 916.927.3706 Attorneys for Defendants MANJEET KAUR, R.N. and JOYCE AMAJOR, R.N., employees of County of Sacramento 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 RAMIN A. SHEKARLAB, PORTER | SCOTT 350 University Ave., Suite 200 Sacramento, CA 95825 TEL: 916.929.1481 FAX: 916.927.3706 12 Plaintiff, 13 14 15 16 17 18 19 v. COUNTY OF SACRAMENTO; ROBERT PADILLA, M.D.; CHARLES KIM, M.D.; MANJEET KAUR, R.N.; JOYCE AMAJOR, R.N.; KATHRYN GONZALES, and DOES 1-10, CASE NO. 2:18-CV-00047 JAM EFB STIPULATION TO EXCUSE DEFENDANTS MANJEET KAUR, R.N. AND JOYCE AMAJOR, R.N. FROM ATTENDING SETTLEMENT CONFERENCE; ORDER Date: April 3, 2019 Time: 9:00 a.m. Defendants. ___________________________________/ 20 The parties hereby submit the following Stipulation excusing individual Defendants Manjeet 21 Kaur and Joyce Amajor (“Defendants”) from attending the Settlement Conference scheduled for 22 April 3, 2019 before Magistrate Judge Newman. 23 Defendants submit good cause exists to excuse their attendance. First, no aspect of settlement 24 hinges upon their attendance. Employees and former employees of a public entity are entitled to be 25 defended and indemnified by the public entity upon request in a civil action against the employee for 26 an act or omission in the scope of employment. See Cal. Gov. Code sec. 995. Further, the public 27 entity shall pay any compromise or settlement. See Cal. Gov. Code sec. 825(a). Here, Defendants 28 have requested the County to provide, and the County is so providing, defense of the current civil 1 STIPULATION TO EXCUSE DEFENDANTS MANJEET KAUR, R.N. and JOYCE AMAJOR, R.N. FROM ATTENDING SETTLEMENT CONFERENCE; [PROPOSED] ORDER {01989007.DOCX} 1 action being brought against them. Thus, any payment of any potential settlement will not come from 2 these individual defendants. Counsel for Defendants will obtain the necessary authority from them. 3 Second, Defendants submit that in addition to counsel for Defendants the undersigned, an 4 appropriate authorized County representative will be present at the Settlement conference. Please 5 note that final authority to settle is vested in the County of Sacramento Board of Supervisors, as are 6 all settlements. Thus, the attendance of an authorized County representative obviates the need for 7 these individual defendants to personally attend. 8 In light of the representation that an authorized County representative will be present, counsel 9 for Plaintiff agrees to the excuse of these individual defendants’ attendance at the Settlement 10 Conference. 11 PORTER | SCOTT 350 University Ave., Suite 200 Sacramento, CA 95825 TEL: 916.929.1481 FAX: 916.927.3706 12 Dated: March 28, 2019 LAW OFFICES OF STEWART KATZ 13 By /s/ Stewart Katz (authorized on 3/27/19) Stewart Katz Attorney for Plaintiff 14 15 16 Dated: March 28, 2019 PORTER SCOTT A PROFESSIONAL CORPORATION 17 By /s/ John R Whitefleet John R. Whitefleet Daniel J Bardzell Attorneys for Defendants MANJEET KAUR, R.N. and JOYCE AMAJOR, R.N. 18 19 20 21 22 23 24 25 26 27 28 2 STIPULATION TO EXCUSE DEFENDANTS MANJEET KAUR, R.N. and JOYCE AMAJOR, R.N. FROM ATTENDING SETTLEMENT CONFERENCE; [PROPOSED] ORDER {01989007.DOCX} ORDER 1 2 Good cause appearing, Defendants MANJEET KAUR, R.N. and JOYCE AMAJOR, R.N. 3 are hereby excused from personal attendance at the Settlement Conference, currently scheduled for 4 April 3, 2019, before the undersigned. 5 6 Dated: March 28, 2019 7 8 9 10 11 PORTER | SCOTT 350 University Ave., Suite 200 Sacramento, CA 95825 TEL: 916.929.1481 FAX: 916.927.3706 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3 STIPULATION TO EXCUSE DEFENDANTS MANJEET KAUR, R.N. and JOYCE AMAJOR, R.N. FROM ATTENDING SETTLEMENT CONFERENCE; [PROPOSED] ORDER {01989007.DOCX}

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