Ottovich v. City of Fremont et al

Filing 140

ORDER: Re 139 Letter filed by Heininge, Dang, Settle, Farmer, Ricardo Cortes, City of Fremont, City of Fremont Police Officers Doe on Through Ten. Signed by Magistrate Judge Laurel Beeler on 8/19/2013. (ls, COURT STAFF) (Filed on 8/19/2013)

BERTRAND, FOX & ELLIOT
Lav Offices, A Professional Corporation

August 12,2013
Honorable Laurel Beeler

United States Magistrate Judge

Federal Building, 15th Floor, Courtroom C
450 Golden Gate Avenue

San Francisco, CA 94102
Re:

Ottovich v Fremont et al

U.S.D.C., Northern District California Case No. CV09-4181 MMC-LB
Our File No. FRE 4571

NOTICE THAT DEFENDANT OFFICERS ARE NOT REQUIRED TO
ATTEND SETTLEMENT CONFERENCE ON OCTOBER 11,2013

Dear Judge Beeler:

This firm represents the Fremont Police Officer defendants, Ricardo Cortes, Keith
Farmer, Kenneth Heininge, Mark Dang and William Settle. At the most recent case management
conference on July 26, 2013, Judge Chesney again referred this matter to your court for
settlement conference, which your clerk has scheduled for October 11,2103.
Plaintiff Ottovich is pro se. The parties attended a prior settlement conference in your
court on March 6, 2013, which lasted all day. In attendance was lead trial counsel Greg Fox,
Defendant Officers Cortes, Farmer, Dang and Settle, and City of Fremont Risk Manager Steve
Schwarz. (Defendant Sergeant Heininge, who now resides out of state, was on phone standby).

I am writing to respectfully remind the court that at the end of the March 6, 2013
settlement conference, you indicated that the defendant officers need not attend any future
settlement conference. Therefore, we do not intend to have the defendant officers in attendance
at the October 11, 2013 conference. Mr. Fox and Mr. Schwarz will attend. Please advise if our

understanding regarding officer attendance not being required is incorrect. Thank you for your
attention to this notice.

Very truly yours,
BERTRAND, FOX & ELLIOT

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Arlene Helfrich

Arlene Helfrich
[e-mail]

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E R Telephone [phone] ext. 109
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2749 Hyde Street

San Francisco, California 94109

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Date: August 19, 2013

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Steve Schwarz

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Mark Ottovich [via U.S. Mail]

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