Bair et al v. State of California Department of Transportation et al

Filing 90

ORDER granting re 89 : Proposed Order filed by Loreen Eliason as modified by Court. Signed by Judge Elizabeth D Laporte on 07/29/2011. (kns, COURT STAFF) (Filed on 8/1/2011)

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 JOSEPH W. COTCHETT (36324; jcotchett@cpmlegal.com) PHILIP L. GREGORY (95217; pgregory@cpmlegal.com) PAUL N. MCCLOSKEY (24541; pmccloskey@cpmlegal.com) STUART G. GROSS (251019; sgross@cpmlegal.com) COTCHETT, PITRE & McCARTHY 840 Malcolm Road, Suite 200 Burlingame, CA 94010 Telephone: (650) 697-6000 Facsimile: (650) 697-0577 SHARON E. DUGGAN (105108; foxsduggan@aol.com) ATTORNEY AT LAW 370 Grand Avenue, Suite 5 Oakland, CA 94610 Telephone: 510-271-0825 Facsimile: 510-271-0829 KEVIN P. BUNDY (231686; kbundy@biologicaldiversity.org) CENTER FOR BIOLOGICAL DIVERSITY 351 California Street, Suite 600 San Francisco, CA 94104 Telephone: 415-436-9682 x313 Facsimile: 415-436-9683 STUART GROSS (251019; sgross@gross-law.com) GROSS LAW The Embarcadero Pier 9, Suite 100 San Francisco, CA 94111 Telephone: 415-671-4628 Facsimile: 415-480-6688 16 17 Attorney for Petitioners and Plaintiffs 18 UNITED STATES DISTRICT COURT 19 20 BESS BAIR; et al. 21 22 23 24 25 NORTHERN DISTRICT OF CALIFORNIA Case No.3:10-cv-04360 WHA Plaintiffs, v. STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION, et. al. Defendants. [proposed] ORDER GRANTING REQUEST BY PLAINTIFF LOREEN ELIASON TO BE EXCUSED FROM PERSONAL ATTENDANCE AT SETTLEMENT CONFERENCE As modified DATE: August 12, 2011 TIME: 9:30 a.m. COURTROOM: E, 15th Floor 26 27 28 [Proposed] Order Granting Request By Plaintiff Loreen Eliason to Be Excused from Personal Attendance at Settlement Conference. Case No. CV-04360 W HA 1 Plaintiff Loreen Eliason has requested permission to be excused from personal attendance 2 at the August 12, 2011 Settlement Conference in this case. This request is based on Plaintiff 3 Loreen Eliason’s long-planned family vacation to be held at the same time in Orleans on the 4 Klamath River in Humboldt County. This vacation is planned based on reservations paid for 5 several months in advance. 6 Plaintiff Loreen Eliason is available by telephone, and has requested that the Court allow 7 her to be available by telephone as needed for settlement discussions. All other plaintiffs will be 8 in attendance at the Settlement Conference, and Plaintiff Loreen Eliason is prepared to agree to 9 any settlement that is agreed to by the majority of the Plaintiffs. Plaintiff Loreen Eliason further 10 11 12 has agreed to Plaintiffs’ attorneys representing her interest in settlement. Plaintiffs’ counsel has advised that she conferred with Defendants’ counsel, who has indicated that Defendants have no objection to this request. GOOD CAUSE APPEARING, 14 The Court GRANTS the Request by Plaintiff Loreen Eliason to be Excused from 15 Personal Attendance at the scheduled August 12, 2011 Settlement Conference. Plaintiff Loreen 16 Eliason shall be available by telephone to be consulted concerning any settlement discussions that may occur on August 12, 2011. If the Court concludes that the absence of Ms. Eliason is interfering with the Settlement Conference, the Court IT IS SO ORDERED. may continue the conference and order personal appearance by all parties. July 29 DATED: ______________, 2011 S DISTRIC 18 19 TC RT U O 20 TE TA UNIT ED 17 S 13 23 U.S. Magistrate Judge Elizabeth D. Lap beth D. Laporte ge Eliza FO Jud A H ER LI RT 25 NO 24 orte R NIA 22 ERED O ORD D IT IS S DIFIE AS MO ___________________________________ 21 N F D IS T IC T O R C 26 27 28 [Proposed] Order Granting Request By Plaintiff Loreen Eliason to Be Excused from Personal Attendance at Settlement Conference. Case No. CV-04360 W HA

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