Velarde et al v. City of Union City et al

Filing 40

ORDER re 39 Order on Stipulation. Signed by Magistrate Judge Maria-Elena James on 10/01/2015. (rmm2S, COURT STAFF) (Filed on 10/1/2015)

ATTORNEYS

ALLEN, GLAESSNER, HAZELWOOD

&WERTH, LLP

180 Montgomery Street, Suite 1200
San Francisco, California 94104

Telephone [phone]
Facsimile [phone]
E-Mail [e-mail]

September 30, 2015

Hon. Maria-Elena James
ADR Magistrate Judge
US District Court-Northern District
Courtroom B - 15th Floor
450 Golden Gate Avenue
San Francisco, CA 94102
Re: Velarde v. City Of Union City et al.
United States District Court (Northern District) Case No.: 3:13-cv-04011-EMC
Dear Judge James:
Pursuant to ADR Local Rule 6-10(d), certain defendants respectfully request that they be
excused or otherwise permitted to attend the above-referenced mandatory settlement conference
by telephone standby. The settlement conference is scheduled to take place on Wednesday
October 14, 2015, 10:00 a.m. before your honor at the San Francisco Federal Courthouse, 450
Golden Gate Avenue, San Francisco.
There are 18 individual defendants in this case (as well as defendants Union City and the
Union City Police Department). 16 of those 18 defendants request to be excused from personal
attendance: (1) Officer Gannam; (2) Officer Baumgartner; (3) Corporal Mahaney; (4) Officer
Dejong; (5) Officer Martin; (6) Sgt. Martin; (7) Officer Cota; (8) Officer Lentz; (9) Officer
Clubb; (10) Officer Kensic; (11) Officer Shansab; (12) Officer Turbyfill; (13) Officer Fraga; (14)
PTO Perez; (15) Chief Stewart; (16) City Manager Cheeves.
Union City is a smaller police department that may not be able to provide full staffing
and back-up for the purpose of public safety if so many officers and command staff are in San
Francisco for the mediation.
Counsel for Defendants, Dale L. Allen, will attend the mediation in person, along with
Steven Kochly of York Risk Services, Captain Gloria Lopez-Vaughn, and Commander Ben
Horner (ret.) for the City and the Department’s representatives for the settlement conference.

64496.1

Hon. Maria-Elena James
RE: Velarde v. City Of Union City et al.
September 30, 2015
Page 2
As to the amount in controversy, Defendants are aware that Plaintiffs’ Complaint
generally seeks unspecified general and compensatory damages.
Under ADR Local Rule 6-10(d)(3), I attempted to meet and confer by email with a
request to a stipulation for the excused appearances. At the time of the filing of the letter I had
not yet heard back from counsel so I am filing the letter in order to comply with the mandatory
deadline for the request. I will supplement the letter with counsels’ response if there is an
objection. Also be advised a request for dismissal of 9 of the defendants is pending.
Thank you for considering this request.
Very truly yours,
ALLEN, GLAESSNER, HAZELWOOD &
WERTH, LLP
/s/ Kevin P. Allen
Kevin P. Allen
[e-mail]

cc:

Jannik P. Catalano, Counsel for Plaintiffs
James Farinaro, Counsel for Plaintiffs
Eloy I. Trujillo, Counsel for Plaintiffs
Alice M. Fiel, ADR Case Administrator
(via E-Mail: [e-mail])

64496.1

Hon. Maria-Elena James
RE: Velarde v. City Of Union City et al.
September 30, 2015
Page 2
[PROPOSED] ORDER
The following defendants are hereby allowed to appear at the October 14, 2015
mandatory settlement conference by telephone standby:
(1) Officer Gannam;
(2) Officer Baumgartner;
(3) Corporal Mahaney;
(4) Officer Dejong;
(5) Officer Martin;
(6) Sgt. Martin;
(7) Officer Cota;
(8) Officer Lentz;
(9) Officer Clubb;
(10) Officer Kensic;
(11) Officer Shansab;
(12) Officer Turbyfill;
(13) Officer Fraga;
(14) PTO Perez;
(15) Chief Stewart;
(16) Lt. Gloria Lopez-Vaughn; and
(17) City Manager Cheeves.

October 1, 2015
Dated: _______________

64496.1

IT IS SO ORDERED. The Defendants that
are crossed out have been dismissed without
prejudice pursuant to Judge Donato's Order.
See Docket No. 39.

__________________________________________
Honorable Maria-Elena James
Magistrate Judge