Jenkins et al v. Mandelbaum et al

Filing 80

ORDER GRANTING REQUEST TO EXCUSE EAST COAST REPRESENTATIVES FROM PERSONALLY ATTENDING JANUARY 8, 2013 SETTLEMENT CONFERENCE re 77 Declaration of Robert A. Barrer, 78 Declaration of William H. Jeberg filed by Hiscock & Barclay LLP. Signed by Judge Jacqueline Scott Corley on January 4, 2013. (wsn, COURT STAFF) (Filed on 1/4/2013)

MURPHY PEARSON
BRADLEY & FEENEY
WWW.MPBF.COM

A Profc~sional Corporation

88 Kearny Street, Suite 1000
San Francisco, CA 94108
Telephone [phone]
Facsimile 415-393-8087

December 28, 2012

Magistrate Judge Jacqueline Scott Corley
US District Court for the Northern District of California
Courtroom F
450 Golden Gate Ave., 151h Fl.
San Francisco, CA 941 02
Re:

Jenkins v. Mandelbaum
Case No. C-11-00211-EMC (JSC)
Our File No.: CNAL.114787.1

Dear Honorable Magistrate Judge Jacqueline Scott Corley:
Pursuant to paragraph 3 of Your Honor's Notice of Settlement and Settlement
Conference Order dated November 14, 2012 in tlie above-titled matter, Defendant Hiscock &
Barclay, LLP ("H&B") respectfully requests the Court excuse its East Coast representatives from
personally attending the upcoming January 8, 2013 settlement conference. We have met and
conferred with plaintiffs counsel, Richard Idell, to determine if plaintiff has any objections to
Defendant Hiscock & Barclay, LLP's absence from personally attending the settlement
conference. Plaintiffs counsel agreed that the reasons for the excuse from personally attending
the settlement conference were reasonable and warranted under the circumstances and plaintiff
has no objection.
Attached are fully executed declarations from Robert A. Barrer, an attorney and partner
with Defendant Hiscock & Barclay, LLP, as well as William H. Jeberg, an attorney and partner
with Mendes and Mount, LLP (representatives of H&B' s insurance carrier for this case). The
declarations confirm that H&B's attorney of record, James A. Murphy of Murphy, Pearson,
Bradley & Feeney, will personally appear at the scheduled settlement conference and will have
full authority to negotiate in good faith a resolution, if possible, of the claims against H&B.
What's more, the declarations provide that H&B's offices are located on the East Coast and there
are no direct flights from any of the cities in which H&B has an office. As a result, personal
appearance of one of H&B' s partners at the scheduled settlement conference in San Francisco
would create an undue expense and burden on their work and take them away from matters that
require attendance in the office.
Furthermore, settlement of this case depends in large part to the outcome of the related
federal action, entitled Fredianelli v. Mandelbaum (Case No. 3:11-cv-03232-EMC), which is

SAN FRANCISCO

LOS ANGELES

SACRAMENTO

Magistrate Judge Jacqueline Scott Corley
Jenkins v. Mandelbaum
December 28, 2012
Page2
still pending and scheduled for summary judgment hearing on January 23, 2013. The outcome in
Fredianelli will define plaintiffs' alleged scope of damages, which at the moment, remain largely
speculative and contingent upon potential outcomes in the Fredianelli lawsuit. Because
plaintiffs alleged damages are contingent upon resolution and/or adjudication in Fredianelli
(which will not be resolved, if at all, before the upcoming summary judgment hearing),
negotiation at the scheduled January 8, 2013 settlement conference will most likely be stalled.
To that end, personal appearance and the expense associated with that appearance by H&B is not
warranted.
In closing, H&B respectfully requests that this court excuse H&B from personally
appearing at the January 8, 2013 settlement conference and permit their representatives to appear
by telephone. Of course, counsel for H&B, James A. Murphy, will appear in person at the
settlement conference with full authority to settle the action, if at all possible.
Thank you for your consideration.
Very truly yours,
,-·~

l-)0(tr-

Jarn~~.~urphy

Jason E. Fellner
Enclosure
JEF .20519823 .doc

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