Barnett v. Martinez et al

Filing 46

ORDER by Judge Claudia Wilken denying as moot 45 Motion for Leave to Appear by Telephone at Mediation. (ndr, COURT STAFF) (Filed on 3/1/2011)

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Gregory M. Fox, State Bar No. 070876 BERTRAND, FOX & ELLIOT The Waterfront Building 2749 Hyde Street San Francisco, California 94109 Telephone: [phone] Facsimile: [phone] Attorneys for Defendant LEVY BARNES

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA ­ OAKLAND DIVISION

SEAN BARNETT, Plaintiff, vs. SAL MARTINEZ, #782; LEVY BARNES, #820; CASEY TINLOY, #587; JUSTIN GEBB, #111; ROBERT ANDERSON, #787; CYNTHIA VERBIS, #800; MONICA MOLTHEN, #705; GUADALUPE OCHOA, #765; JESUS GUTIERREZ, #737; MICHELLE OTT, #793; And Does 1 to 50, Defendants.

Case No.: C09-05605 CW APPLICATION FOR ORDER PERMITTING APPEARANCE BY TELEPHONE OF DEFENDANT BARNES AT MEDIATION; ORDER

On or about December 28, 2010 the undersigned attorney Gregory M. Fox filed an appearance and notice of representation of the individual defendant Levy Barnes in this matter because of a conflict that arose with his representation by the Office of the Attorney General. This matter is scheduled for a mediation hearing before the Court Appointed Mediator on Monday February 28, 2011. It is respectfully requested that the Court excuse defendant Barnes from

personally attending the mediation because he no longer works for the Department of Alcohol and Beverage Control (for reasons unrelated to this lawsuit); he is living in Sacramento; he is self employed; and is only involved as a named defendant because on the day of the incident he was present when other agents arrested the plaintiff. He has filed answers to interrogatories under oath
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APPLICATION FOR ORDER PERMITTING APPEARANCE BY TELEPHONE OF DEFENDANT BARNES AT MEDIATION; [PROPOSED] ORDER

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that he did not arrest plaintiff or use any force on plaintiff. Mr. Barnes has no settlement authority because that is the responsibility of the Office of Attorney General and the Department of Alcohol and Beverage Control. He is available to attend by telephone if necessary. This request is respectfully made given the economic hardship on the part of Mr. Barnes to forgo a day of self-employed work and travel from Sacramento to the mediation. Respectfully submitted. Dated: February 23, 2011 BERTRAND, FOX & ELLIOT

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By:

/s/ Gregory M. Fox Attorneys for Defendant LEVY BARNES ORDER

GOOD CAUSE APPEARING the application is denied as moot. In future, such applications should be made to the mediator or the ADR Magistrate Judge. SO ORDERED. Dated: March 1, 2011 By: UNITED STATES DISTRICT COURT JUDGE

APPLICATION FOR ORDER PERMITTING APPEARANCE BY TELEPHONE OF DEFENDANT BARNES AT MEDIATION; [PROPOSED] ORDER