Paradise v. Ferguson et al
Filing
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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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UNITED STATES DISTRICT COURT
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Northern District of California
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San Francisco Division
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MARK PARADISE,
Plaintiff,
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For the Northern District of California
UNITED STATES DISTRICT COURT
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v.
JASON FERGUSON, et al.,
Defendants.
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No. C 11-0375 RS
SECOND ORDER RE: ATTENDANCE
Date:
Evaluator:
August 8, 2011
Randolph Hall
_____________________________________/
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Before the court is a petition to reconsider the ruling on defendant Jason Ferguson’s request
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to appear telephonically at the ENE session scheduled for August 8, 2011. Having considered the
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request, the court maintains that Mr. Ferguson’s presence at the ENE session is required, and
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DENIES the request for reconsideration.
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The request for reconsideration draws a parallel between the request made on behalf of
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defendant Brian Martin and the one made on behalf of defendant Ferguson. On a surface level, the
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requests are similar, but the court believes strongly that in order for the ENE to be of maximum
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benefit to the parties, the individuals with the most direct experience of the events in question must
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be present. As the arresting officer in this case, Mr. Ferguson is uniquely qualified to provide an
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explanation of the events in question from his perspective.
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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).
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For these reasons, the court DENIES Mr. Ferguson’s request to appear telephonically at the
ENE session.
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IT IS SO ORDERED.
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August 4, 2011
By:
Dated
Elizabeth D. Laporte
United States Magistrate Judge
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For the Northern District of California
UNITED STATES DISTRICT COURT
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