Estate of Jimmy Ray Hatfield et al v. County of Lake et al
Filing
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ORDER re 199 Proposed Order, filed by Tyler Paulsen, Rodd Joseph, Timothy Hobbs, Travis Lenz, Allan McClain, City of Clearlake, Lauren Vance. Signed by Magistrate Judge Maria-Elena James on 3/19/2013. (rmm2S, COURT STAFF) (Filed on 3/19/2013)
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DALE L. ALLEN, JR., SBN 145279
DIRK D. LARSEN, SBN 246028
KEVIN P. ALLEN, SBN 252290
LOW, BALL & LYNCH
505 Montgomery Street, 7th Floor
San Francisco, California 94111
Telephone: (415) 981-6630
Facsimile: (415) 982-1634
Email: dallen@lowball.com
Attorneys for Defendants
CITY OF CLEARLAKE, ALLAN WADE MCCLAIN,
TIMOTHY HOBBS, RODD JOSEPH, LAUREN
VANCE, TRAVIS LENZ, and TYLER PAULSEN
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UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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R.H., a minor, by and through her
Guardian Ad Litem, ELIZABETH
TOWN; and K.H., a minor, by and
through her Guardian Ad Litem,
ELIZABETH TOWN; WILLIAM
HATFIELD; and JUDY HATFIELD,,
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Plaintiffs,
Case No. 4:11-cv-02396 PJH (MEJ)
CITY OF CLEARLAKE
DEFENDANTS’ REQUEST TO BE
EXCUSED FROM PERSONALLY
ATTENDING THE SETTLEMENT
CONFERENCE; [PROPOSED]
ORDER.
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vs.
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COUNTY OF LAKE; LAKE COUNTY
SHERIFF’S DEPARTMENT; RODNEY
MITCHELL; JASON FINDLEY,
JEREMY WICHLAZ; RYAN WEST;
MICHAEL HARTMAN; MARI
GALLARDO; ROBERTA BRUCK;
JANICE MILLS; YVETTE PADILLA;
LAKE COUNTY DEPARTMENT OF
MENTAL HEALTH; PATRICIA
TRUJILLO; CITY OF CLEARLAKE;
CLEARLAKE POLICE DEPARTMENT;
ALLAN McCLAIN, TIMOTHY HOBBS;
RODD JOSEPH; LAUREN VANCE;
TRAVIS LENZ; TYLER PAULSEN;
CALIFORNIA FORENSIC MEDICAL
GROUP, INC.; ROBIN BRIGGS; KC
GRIGSBY; F. ANTONIO; ADVENTIST
HEALTH CLEARLAKE HOSPITAL,
INC. d/b/a St. Helena Hospital Clearlake;
WILLIAM T. DURKIN, Jr., M.D.,
WILLIAM T. DURKIN, Jr., M.D., INC.;
and DOES 1 THROUGH 50,
Date:
Time:
April 3, 2013
10:00 a.m.
Judge:
Hon. Maria-Elena James
-1CITY OF CLEARLAKE DEFENDANTS’ REQUEST TO BE EXCUSED FROM PERSONALLY ATTENDING THE
SETTLEMENT CONFERENCE; [PROPOSED] ORDER
J:\1427\sf0006\Pleading\MSC\Request to Appear Telephonically.docx
Case No: 4:11-cv-02396 PJH (MEJ)
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Defendants.
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Defendants CITY OF CLEARLAKE, ALLAN McCLAIN, TIMOTHY HOBBS, RODD
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JOSEPH, LAUREN VANCE, TRAVIS LENZ and TYLER PAULSEN (collectively the “City
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Defendants”) respectfully request that defendants McClain, Hobbs, Joseph, Vance, Lenz, and
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Paulsen be permitted to attend the April 3, 2013 settlement conference by telephone standby.
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With the exception of Chief McClain, who is now retired and lives out-of-state, the
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individual defendants are officers of the Clearlake Police Department, a small municipal
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department that may not be able to provide full staffing and back-up for the purpose of public
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safety if five of its officers are in San Francisco for the settlement conference. In addition, the
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depositions of Chief McClain, Officer Vance, and Officer Lenz have not been taken in this
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matter.
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Trial counsel Dale L. Allen, Jr. and/or Dirk D. Larsen will attend the settlement
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conference in person, along with a representative from the City of Clearlake. The representative
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will have the full authority to settle the matter on behalf of the individual defendants, and be
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fully able to participate in the settlement conference. This request is also made for the
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convenience of the Court, with respect to the number of persons attending the conference.
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Dated: March 18 , 2013
LOW, BALL & LYNCH
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By
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/s/ Dale L. Allen, Jr.
DALE L. ALLEN, JR.
DIRK D. LARSEN
KEVIN P. ALLEN
Attorneys for Defendants
CITY OF CLEARLAKE, ALLAN WADE
MCCLAIN, TIMOTHY HOBBS, RODD
JOSEPH, LAUREN VANCE, TRAVIS LENZ,
and TYLER PAULSEN
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-2CITY OF CLEARLAKE DEFENDANTS’ REQUEST TO BE EXCUSED FROM PERSONALLY ATTENDING THE
SETTLEMENT CONFERENCE; [PROPOSED] ORDER
J:\1427\sf0006\Pleading\MSC\Request to Appear Telephonically.docx
Case No: 4:11-cv-02396 PJH (MEJ)
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[PROPOSED] ORDER GRANTING TELEPHONIC APPEARANCE
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Defendants ALLAN McCLAIN, TIMOTHY HOBBS, RODD JOSEPH, LAUREN VANCE,
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TRAVIS LENZ and TYLER PAULSEN are hereby allowed to appear at the April 3, 2013 settlement
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conference by telephone standby.
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Dated: _______________
March 19, 2013
__________________________________________
Honorable Magistrate Judge Maria-Elena James
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-3CITY OF CLEARLAKE DEFENDANTS’ REQUEST TO BE EXCUSED FROM PERSONALLY ATTENDING THE
SETTLEMENT CONFERENCE; [PROPOSED] ORDER
J:\1427\sf0006\Pleading\MSC\Request to Appear Telephonically.docx
Case No: 4:11-cv-02396 PJH (MEJ)
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