Allen, et al v. County of Lake, et al

Filing 157

ORDER RE: ATTENDANCE AT ENE. Signed by Judge Maria-Elena James on 1/5/2016. (cdnS, COURT STAFF) (Filed on 1/5/2016)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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MONA ALLEN, et al.
Plaintiffs,

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United States District Court
Northern District of California

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Case No. 14-cv-03934-TEH (ADR)
ORDER RE: ATTENDANCE AT ENE

v.
COUNTY OF LAKE, et al.,

Date: January 12, 2016
ENE Evaluator: David Levy

Defendants.

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IT IS HEREBY ORDERED that the request to excuse plaintiffs Mona Allen, Carl Ray

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Harris, Jonathan Holt, Shaun Jones, Scott Outhout, Elvin Sikes, Nina Faye Sikes, Nicole Van

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Schaick, Preston Warren and Hal Muskat from appearing in person at the January 12, 2016, ENE

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before David Levy is DENIED without prejudice. ADR L.R. 5-10 (d) sets forth that all parties are

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required to attend the ENE session unless they can demonstrate that requiring their presence would

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cause them "extraordinary or otherwise unjustifiable hardship." Plaintiffs' request suggests that

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some of the plaintiffs may have legitimate medical excuses that would warrant their appearing

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telephonically but the specifics of the request are vague. The court requires further, specific and

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individualized information, including, where applicable, written statements from medical

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providers, before it could grant the request. Any such further request should be submitted by no

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later than January 7, 2016.

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Defendants' request to excuse Francisco Rivero, Chris Macedo, Richard Coel, Dennis
Kiethly, Joe Dutra, Steve Herdt, Michael Lockett and Frank Walsh is GRANTED on the condition
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that one representative of the rank of at least Lieutenant or Captain from the Lake County Sheriff's

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Department attend the ENE with the other County representatives. Defendants shall inform the

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evaluator and plaintiffs' counsel of the identity of the representative from the Sheriff's Department

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by no later than January 7, 2016.

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IT IS SO ORDERED.
Dated: January 5, 2016
Maria-Elena James
United States Magistrate Judge

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United States District Court
Northern District of California

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