Estate of Emerald Rose Herriot et al v. County of Mendocino et al

Filing 45

ORDER REGARDING COURT TELEPHONIC APPEARANCE OF JAMES HERRIOT ON JULY 9, 2014 SETTLEMENT CONFERENCE. Signed by Magistrate Judge Laurel Beeler on 7/7/2014. (ls, COURT STAFF) (Filed on 7/7/2014)

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ROBERT R. POWELL, ESQ. CSB# 159747
DENNIS R. INGOLS, ESQ.
CSB# 236458
BRETT O. TERRY, ESQ.
CSB# 270694
LAW OFFICE OF ROBERT R. POWELL
925 West Hedding Street
San Jose, California 95126
[phone] Telephone
[phone] Facsimile
E: [e-mail]

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Attorneys for Plaintiffs

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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(San Francisco Division)

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ESTATE OF EMERALD ROSE HERRIOT,
JAMES HERRIOT, and JENNIFER CRAM

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Plaintiffs,
vs.

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Case No. CV13-05720 CRB (LB)

ORDER OF THE COURT RE:
TELEPHONIC APPEARANCE OF
JAMES HERRIOT AT JULY 9, 2014
SETTLEMENT CONFERENCE

COUNTY OF MENDOCINO, CHUCK
DUNBAR, JOHN MELNICOE, RITA
HURLEY, SUE NORCROSS, NANCY
KOZAK, VICKIE LYNN SOLONIUK,
M.D., and DOES 1-10, inclusive,

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Defendants.

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The above-entitled U.S. District Court (Magistrate Laurel Beeler) is conducting a

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settlement conference in this matter on July 9th, 2014, that commences at 9:30 a.m., and may

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proceed as late as 5:30 p.m.

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______________________________________________________________________________________
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Order of Court on Telephonic Appearance at
Settlement Conference
Cram v. County of Mendocino, et al.
U.S. District Court – Northern District
Case No. CV13-05720 CRB

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The court has been apprised that Plaintiff James Herriot (CVC # V68940) is currently
incarcerated at:

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California Health Care Facility At Stockton
7707 Austin Rd.
Stockton, Ca. 95215
Warden: Ronald Rackley

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The Court requires the attendance of Mr. Herriot telephonically at the Settlement
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Conference. This Order has been submitted by Plaintiff’s Counsel Robert Powell, after
consultation with counsel for the Defendants (David Hamilton and Doug Losak), pursuant to
the Order of this Court issued 7/3/14 at 5:21 p.m.
Therefore, GOOD CAUSE APPEARING, the Court hereby finds and orders as follows:

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1. To Warden Ronald Rackley of the California Health Care Facility At Stockton;

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a.) Mr. James Herriot (CVC #V68940) shall be situated by 9:30 a.m. on July 9th,

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2014 in circumstances that will allow him to make confidential calls to his

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attorney Robert R. Powell at Cell Phone #[phone], and/or to Judge Laurel

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Beeler’s clerk’s phone number at 415-522-4660, until 5:30 p.m. on said date.

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b.) Prior to 9:30 a.m. on July 9th, 2014, Mr. Rackley, and/or the Litigation

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Coordinator Erin Takehara -209-467-2558 ([e-mail]), shall e-

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mail attorney Robert R. Powell ([e-mail]) with a phone

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number for the phone Mr. Herriot will be allowed to use for purposes of

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telephonically attending the settlement conference, and said e-mail shall
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describe with particularity any information useful or necessary to ensure the

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timely receipt of phone calls from Mr. Powell and/or Ms. Scott during the hours

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of 9:30 a.m. and 5:30 p.m. on said date.

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______________________________________________________________________________________
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Order of Court on Telephonic Appearance at
Settlement Conference
Cram v. County of Mendocino, et al.
U.S. District Court – Northern District
Case No. CV13-05720 CRB

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c.) No recording of these phone calls will be allowed, and should the Warden in his
discretion believe Mr. Herriot needs to be monitored in any fashion during this

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time, the Warden is requested to do so in a manner which will best insure
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confidentiality of the attorney-client communications that are anticipated to

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occur between Mr. Herriot and Mr. Powell, while accomplishing any goals of

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the Warden for security of Mr. Herriot or the California Health Care Facility At

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Stockton.

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d.) Robert Powell shall promptly forward this Order, when executed and received
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through the ECF system, to Erin Takehara at the e-mail address provided above.
e.) If, upon receipt of this Order or at any time prior to the scheduled Settlement
Conference the Warden or Ms. Takehara believe there is any information of
which the Court should be apprised with regard to Mr. Herriot’s availability or

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any aspect of this Order and the ability to comply with it, an e-mail describing

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the information and any issues related thereto shall be sent as early as is feasible,

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to all counsel, as follows:

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David Hamilton - [e-mail]

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Doug Losak - [e-mail]
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Robert Powell – [e-mail]
IT IS SO ORDERED.

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DATED: July 7, 2014

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______________________________
LAUREL BEELER
U.S. Court – Northern District
Of California

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______________________________________________________________________________________
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Order of Court on Telephonic Appearance at
Settlement Conference
Cram v. County of Mendocino, et al.
U.S. District Court – Northern District
Case No. CV13-05720 CRB