Paradise v. Ferguson et al

Filing 29

SECOND ORDER RE: ATTENDANCE DENYING TELEPHONIC APPEARANCE by Jason Ferguson. Signed by Judge Ellizabeth D Laporte on 08/04/2011. (kns, COURT STAFF) (Filed on 8/4/2011)

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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 Northern District of California 9 San Francisco Division 10 MARK PARADISE, Plaintiff, 12 For the Northern District of California UNITED STATES DISTRICT COURT 11 13 v. JASON FERGUSON, et al., Defendants. 14 No. C 11-0375 RS SECOND ORDER RE: ATTENDANCE Date: Evaluator: August 8, 2011 Randolph Hall _____________________________________/ 15 16 Before the court is a petition to reconsider the ruling on defendant Jason Ferguson’s request 17 to appear telephonically at the ENE session scheduled for August 8, 2011. Having considered the 18 request, the court maintains that Mr. Ferguson’s presence at the ENE session is required, and 19 DENIES the request for reconsideration. 20 The request for reconsideration draws a parallel between the request made on behalf of 21 defendant Brian Martin and the one made on behalf of defendant Ferguson. On a surface level, the 22 requests are similar, but the court believes strongly that in order for the ENE to be of maximum 23 benefit to the parties, the individuals with the most direct experience of the events in question must 24 be present. As the arresting officer in this case, Mr. Ferguson is uniquely qualified to provide an 25 explanation of the events in question from his perspective. 26 /// 27 /// 28 1 2 3 4 Additionally, while the court understands and regrets that Mr. Ferguson will be inconvenienced by his being required to attend the session, the court does not, in general, view travel time and expense as fulfilling the ‘extraordinary or otherwise unjustifiable hardship’ requirement of ADR L.R. 5-10(d). 5 6 For these reasons, the court DENIES Mr. Ferguson’s request to appear telephonically at the ENE session. 7 8 IT IS SO ORDERED. 9 10 August 4, 2011 By: Dated Elizabeth D. Laporte United States Magistrate Judge 12 For the Northern District of California UNITED STATES DISTRICT COURT 11 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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