Byrd et al v. City and County of San Francisco et al

Filing 104

STIPULATION AND ORDER GRANTING re 102 STIPULATION WITH PROPOSED ORDER to Excuse Defendants Rodatos and Escobar From Settlement Conference; Declaration of Bradley A. Russi filed by Richard Soares, Kelvin Sanders, City and County of San Francisco, Jonathan Catlett, Roselo Pascua, Alex Rodatos, San Francisco Police Department, William Escobar. Signed by Magistrate Judge Kandis A. Westmore on 2/4/13. (sisS, COURT STAFF) (Filed on 2/4/2013)

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DENNIS J. HERRERA, State Bar #139669
City Attorney
CHERYL ADAMS, State Bar #164194
Chief Trial Attorney
BRADLEY A. RUSSI, State Bar #256993
Deputy City Attorney
Fox Plaza
1390 Market Street, Sixth Floor
San Francisco, California 94102-5408
Telephone:
[phone]
Facsimile:
[phone]
E-Mail:
[e-mail]

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Attorneys for Defendants
CITY AND COUNTY OF SAN FRANCISCO et al.

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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JESSE J. BYRD, MALIK BRITT, RASHAD
CONLEY, and ANDREW EMIL
ARMSTRONG,

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Plaintiffs,

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vs.

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STIPULATED APPLICATION TO EXCUSE
DEFENDANTS RODATOS AND ESCOBAR
FROM ATTENDANCE AT SETTLEMENT
CONFERENCE; DECLARATION OF
BRADLEY A. RUSSI; [PROPOSED] ORDER

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HEARING DATE:
TIME:
PLACE:

Feb. 13, 2013
11:00 A.M.
Judge Westmore
1301 Clay Street
Oakland, CA

Trial Date:

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THE CITY AND COUNTY OF SAN
FRANCISCO; SAN FRANCISCO POLICE
DEPARTMENT; ROSELO PASCUA; ALEX
RODATOS; KELVIN SANDERS;
JONATHON CATLETT; RICHARD
SOARES; WILLIAM ESCOBAR; and DOES
NO. 1-20, inclusive.

Case No. C11-1742 DMR

March 11, 2013

Defendants.

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Defs’ App. to Excuse Rodatos, Escobar;
CASE NO. C11-1742 DMR

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This office represents the Defendants in the above-referenced matter, including Defendants

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Alex Rodatos and William Escobar. Defendants request that Sergeant Rodatos and Liutenant Escobar

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be excused from the settlement conference scheduled for February 13, 2013. Sergeant Rodatos has a

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medical issue that has rendered him unable to travel to the conference. He will be available by

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telephone. Lieutenant Escobar has been attending a multiple-month training course. He is required to

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participate in the end of the training course, which is scheduled for February 13, or he will have to

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repeat the entire course.

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The other individual defendants will be present, as will a representative from the San Francisco
Police Department. The presence of Sergeant Rodatos and Lieutenant Escobar is not necessary to

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authorize a settlement. Furthermore, Plaintiffs have already taken the depositions of these Defendants.

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Plaintiffs’ counsel has stipulated to excusing Rodatos and Escobar from attendance at the

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settlement conference.

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Dated: February 1, 2013

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DENNIS J. HERRERA
City Attorney
CHERYL ADAMS
Chief Trial Attorney
BRADLEY A. RUSSI
Deputy City Attorney

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By:

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/s/ Bradley A. Russi
BRADLEY A. RUSSI
Attorneys for Defendants
CITY AND COUNTY OF SAN FRANCISCO, ET AL

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Defs’ App. to Excuse Rodatos, Escobar;
CASE NO. C11-1742 DMR

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DECLARATION OF BRADLEY A. RUSSI

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I, Bradley A. Russi, declare as follows:

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1.

I am an attorney admitted to practice law in the State of California and before this

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Court. I am employed as a Deputy City Attorney with the Office of the City Attorney for the City and

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County of San Francisco. I am assigned to represent the defendants in the above-captioned litigation.

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2.

I am informed and believe that Sergeant Rodatos has a medical issue that has rendered

him unable to travel to the conference. He will be available by telephone.
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Lieutenant Escobar has been attending a multiple-month training course. He is required

to participate in the end of the training course, which is scheduled for February 13, or he will have to
repeat the entire course.
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I have conferred with Plaintiffs’ counsel regarding the presence of Rodatos and Escobar

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at the settlement conference. Plaintiffs’ counsel stipulated that Rodatos and Escobar need not attend.

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I declare under penalty of perjury under the laws of the State of California that the preceding

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declaration is true, and that this declaration was executed February 1, 2013 in San Francisco,

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California.

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/s/ Bradley A. Russi
BRADLEY A. RUSSI

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Defs’ App. to Excuse Rodatos, Escobar;
CASE NO. C11-1742 DMR

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[PROPOSED] ORDER

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Upon good cause shown, Defendants Alex Rodatos and William Escobar are excused from
attendance at the February 13, 2013, settlement conference of this matter.
IT IS SO ORDERED
Dated: 2/4/13
_____________________________
KANDIS A. WESTMORE
UNITED STATES MAGISTRATE JUDGE

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Defs’ App. to Excuse Rodatos, Escobar;
CASE NO. C11-1742 DMR

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