Garcia v. City of San Francisco et al

Filing 23

ORDER EXCUSING OFFICER O'LEARY FROM ATTENDANCE re 22 Letter filed by City of San Francisco, Kevin O'Leary. Signed by Judge James Larson on 10/20/10. (jlsec, COURT STAFF) (Filed on 10/20/2010)

Case3:09-cv-03302-TEH Document22

Filed10/18/10 Page1 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]

October 18, 2010S DISTRI 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 Chambers Copy via U.S. Mail Re: Garcia v. CCSF et al., USDC No. 09-03302 TEH

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Dear Judge Larson:

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The parties in the above-referenced matter are scheduled to attend a settlement conference with you on October 29, 2010 at 10:00 a.m. This case involves allegations by Plaintiff Jose Garcia of false arrest and excessive force when he was taken into custody on April 20, 2008. Along with the City, Plaintiff has named an individual officer defendant, Kevin O'Leary. I write to request that the individual officer defendant be excused from attending the settlement conference. Because the officer was acting in the course and scope of his employment at the time of the incident, any settlement (if reached) will be paid by the City, not the individual officers. Accordingly, defendants intend to bring a settlement representative from the SFPD's legal division. Additionally, defendant O'Leary may be working the night shift during the week of the settlement conference, and would accordingly have to be taken off of two separate shifts to attend a 10:00 a.m. settlement conference. I have spoken with Plaintiff's counsel regarding this issue, and Plaintiff has no objection to the Defendants' request that Officer O'Leary be excused from the settlement conference. 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]
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