Alvarenga v. City and County of San Francisco et al

Filing 44

ORDER EXCUSING OFFICERS re 43 Letter filed by Mark McKinney, Marco Garcia, City and County of San Francisco. Signed by Judge James Larson on 1/21/09. (jlsec, COURT STAFF) (Filed on 1/21/2009)

Case 3:07-cv-02526-MEJ

Document 43

Filed 01/16/2009

Page 1 of 1

CITY AND COUNTY OF SAN FRANCISCO
DENNIS J. HERRERA City Attorney

OFFICE OF THE CITY ATTORNEY
KIMBERLY A. BLISS Deputy City Attorney
DIRECT DIAL: [phone]

January 16, 2009 S DISTRIC E T Honorable James Larson United States Magistrate Judge United States District Court for the Northern District of California 450 Golden Gate Avenue, 15th Floor San Francisco, CA 94102 Filed electronically via ECF-Pacer Re: Alvarenga v. CCSF et al., USDC No. 07-02526 MEJ

UNIT ED

S

T TA

C

ER

Dear Judge Larson:

N

F D IS T IC T O R

The parties in the above-referenced matter are scheduled to attend a settlement conference with you on January 28, 2009 at 2:00 p.m. This case involves allegations by Plaintiff Daniel Alvarenga of false arrest and excessive force when he was taken into custody on May 12, 2005. Along with the City, Plaintiff has named two individual officer defendants, Marco Garcia and Mark McKinney. I write to request that the two individual officer defendants be excused from attending the settlement conference. Because the officers were acting in the course and scope of their employment at the time of the incident, any settlement (if reached) will be paid by the City, not the individual officers. Additionally, both of these officers currently work the night shift, and would accordingly have to be taken off of two separate shifts to attend a 2:00 p.m. settlement conference. I have discussed this issue with opposing counsel. Plaintiff has no objection to the officer defendants being excused from the settlement conference, and agrees that their absence would not hamper any chances this case may have for resolution. Please let me know if you have any questions, and thank you for considering this request. Very truly yours, DENNIS J. HERRERA City Attorney -/s/ Kimberly A. BlissKimberly A. Bliss Deputy City Attorney
FOX PLAZA ·1390 MARKET STREET, SIXTH FLOOR· SAN FRANCISCO, CALIFORNIA 94102-5408 RECEPTION: [phone] · FACSIMILE: [phone]
n:\lit\li2008\071510\00532858.doc

A

C

LI

FO

me Judge Ja

s Larson

R NIA

OO IT IS S

D RDERE

RT U O

NO

RT

H