Barrera et al v. City of Woodland et al

Filing 35

STIPULATION and ORDER signed by Magistrate Judge Kendall J. Newman on 9/20/19 ORDERING that Defendants Sergeant Krause, Sergeant Davis, Officer Wright, Officer Gray and Officer Lal are hereby excused from personal attendance at the Settlement Conference, currently scheduled for September 24, 2019. (Kaminski, H)

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BRUCE A. KILDAY, S.B. #66415
Email: [e-mail]
DERICK E. KONZ, S.B. #286902
Email: [e-mail]
ANGELO, KILDAY & KILDUFF, LLP
Attorneys at Law
601 University Avenue, Suite 150
Sacramento, CA 95825
Telephone: [phone]
Telecopier: [phone]

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Attorneys for Defendants CITY OF WOODLAND, SGT. KRAUSE, SGT. DAVIS, OFFICER
WRIGHT, OFFICER GRAY, OFFICER LAL

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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DANIEL BARRERA, et al.

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Plaintiffs,
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vs.
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CITY OF WOODLAND, FORMER POLICE )
CHIEF DAN BELLINI, SERGEANT
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KRAUSE, SERGEANT DAVIS, OFFICER
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WRIGHT, OFFICER GRAY, OFFICER LAL, )
et al.,
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Defendants.
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Case No.: 2:18-cv-00329-JAM-KJN
STIPULATION TO EXCUSE
DEFENDANTS SGT. KRAUSE, SGT.
DAVIS, OFFICER WRIGHT, OFFICER
GRAY AND OFFICER LAL FROM
ATTENDING SETTLEMENT
CONFERENCE; ORDER
DATE:
TIME:
CRTRM:

September 24, 2019
9:00 A.M.
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JUDGE:

Hon. Kendall J. Newman

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The parties hereby submit the following Stipulation excusing individual Defendants SGT.

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KRAUSE, SGT. DAVIS, OFFICER WRIGHT, OFFICER GRAY and OFFICER LAL

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(“Defendants”) from attending the Settlement Conference scheduled for September 24, 2019,

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before Magistrate Newman.

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Defendants submit good cause exists to excuse their attendance. No aspect of settlement

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hinges upon their attendance. Employees and former employees of a public entity are entitled to

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be defended and indemnified by the public entity upon request in a civil action against the

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employee for an act or omission in the scope of employment. See Cal. Gov. Code § 95. Further,
-1STIPULATION TO EXCUSE DEFENDANTS SGT. KRAUSE, SGT. DAVIS, OFFICER WRIGHT, OFFICER
GRAY AND OFFICER LAL FROM ATTENDING SETTLEMENT CONFERENCE
164592

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the public entity shall pay any compromise or settlement. See Cal. Gov. Code § 825(a). Here,

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Defendants have requested the City to provide, and the City is so providing, defense and indemnity

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of the current civil action being brought against them. Thus, any payment of any potential

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settlement will not come from these individual defendants. Counsel for Defendants will obtain

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the necessary authority from them. An appropriate authorized City representative will be present

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at the Settlement Conference with settlement authority.

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In light of the foregoing, counsel for Plaintiffs agree to the excuse of these individual
defendants’ attendance at the Settlement Conference.

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Dated: September 20, 2019

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LAW OFFICES OF JOHN L. BURRIS
/s/ Patrick Buelna (authorized on 9/19/19)
By:_________________________________
BENJAMIN NISENBAUM
PATRICK BUELNA
Attorneys for Plaintiffs

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Dated: September 20, 2019

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ANGELO, KILDAY & KILDUFF, LLP
/s/ Derick Konz
By:_________________________________
BRUCE A. KILDAY
DERICK E. KONZ
Attorneys for Defendants

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-2STIPULATION TO EXCUSE DEFENDANTS SGT. KRAUSE, SGT. DAVIS, OFFICER WRIGHT, OFFICER
GRAY AND OFFICER LAL FROM ATTENDING SETTLEMENT CONFERENCE
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ORDER

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Good cause appearing, Defendants SGT. KRAUSE, SGT. DAVIS, OFFICER WRIGHT,

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OFFICER GRAY and OFFICER LAL are hereby excused from personal attendance at the

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Settlement Conference, currently scheduled for September 24, 2019.

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Dated: September 20, 2019

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-3STIPULATION TO EXCUSE DEFENDANTS SGT. KRAUSE, SGT. DAVIS, OFFICER WRIGHT, OFFICER
GRAY AND OFFICER LAL FROM ATTENDING SETTLEMENT CONFERENCE
164592