Ortiz v. City and County of San Francisco et al

Filing 32

ORDER GRANTING re 31 MOTION for Permission to Excuse Officer Macauley From Attendance at Settlement Conference filed by McCauley, Joseph Kavanaugh, City and County of San Francisco, San Francisco Police Department. Signed by Judge Joseph C. Spero on 3/27/12. (klhS, COURT STAFF) (Filed on 3/27/2012)

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DENNIS J. HERRERA, State Bar #139669
City Attorney
JOANNE HOEPER, State Bar #114961
Chief Trial Attorney
MARGARET W. BAUMGARTNER, State Bar #151762
Deputy City Attorney
Fox Plaza
1390 Market Street, 6th 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,
SAN FRANCISCO POLICE DEPARTMENT,
OFFICER JOSEPH KAVANAUGH
and OFFICER MACAULEY

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA
BENJAMIN ORTIZ,
Plaintiff,
vs.
CITY AND COUNTY OF SAN
FRANCISCO; SAN FRANCISCO POLICE
DEPARTMENT; OFFICER JOSEPH
KAVANAUGH; OFFICER MACAULEY;
and DOES 1 through 50, inclusive,
Defendants.

Case No. CV 11-03317 DMR
[PROPOSED ORDER] AND APPLICATION
FOR PERMISSION TO EXCUSE OFFICER
MACAULEY FROM ATTENDANCE AT
SETTLEMENT CONFERENCE
Hearing Date:
Time:
Place:

March 29, 2012
9:30 a.m.
Ctrm. F, 16th Fl.

Complaint Filed:
Trial Date:

May 18, 2011
June 25, 2012

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This office represents defendants the City and County of San Francisco, and Officers Macauley
and Kavanagh in the above-referenced matter. Defendants request that Officer Macauley be excused
from the settlement conference scheduled on March 29, 2012. Officer Macauley just last week
received a new assignment to a specialized unit. His training for the new assignment begins March 29,
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App. to Excuse
U.S.D.C. Case No.: CV 11-03317 DMR

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2012. No other training is available in sufficient time for Officer Macauley to accept his new, coveted

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assignment.

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The other individual defendant, Officer Kavanagh, will be present, as will a representative

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from the San Francisco Police Department. Officer Macauley's presence is not necessary to authorize

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a settlement. Furthermore, plaintiff will be deposing Officer Macauley the day before the settlement

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conference, so the plaintiff will have the opportunity to obtain information from Officer Macauley

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about his perception of events.

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Plaintiff's counsel does not object to excusing Officer Macauley from attendance at the

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settlement conference.

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Dated: March 26, 2012

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DENNIS J. HERRERA
City Attorney
JOANNE HOEPER
Chief Trial Attorney
MARGARET W. BAUMGARTNER
Deputy City Attorney

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By:

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/s/
MARGARET W. BAUMGARTNER

SO ORDERED.

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Dated: March 27 2012
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UNIT
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Attorneys for Defendants
CITY AND COUNTY OF SAN FRANCISCO, SAN
FRANCISCO POLICE DEPARTMENT, OFFICER
JOSEPH KAVANAUGH and OFFICER MACAULEY

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NO

Spero
seph C.
Judge Jo
________________________________________

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Hon. Joseph C. Spero, Magistrate Judge
ER

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D IS T IC T O
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App. to Excuse
U.S.D.C. Case No.: CV 11-03317 DMR

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PROOF OF SERVICE

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I, LISA FREDERIKSEN, declare as follows:
I am a citizen of the United States, over the age of eighteen years and not a party to the aboveentitled action. I am employed at the City Attorney’s Office of San Francisco, Fox Plaza Building,
1390 Market Street, Fifth Floor, San Francisco, CA 94102.
On March 26, 2012, I served the following document(s):
NAME OF DOCUMENT
on the following persons at the locations specified:

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Fernando F. Chavez
Law Offices of Fernando F. Chavez
1530 The Alameda, Suite 301
San Jose, California 95126
Tel.: [phone]
Fax: [phone]

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in the manner indicated below:

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BY UNITED STATES MAIL: Following ordinary business practices, I sealed true and correct copies of
the above documents in addressed envelope(s) and placed them at my workplace for collection and mailing with
the United States Postal Service. I am readily familiar with the practices of the San Francisco City Attorney's
Office for collecting and processing mail. In the ordinary course of business, the sealed envelope(s) that I placed
for collection would be deposited, postage prepaid, with the United States Postal Service that same day.

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BY PERSONAL SERVICE: I sealed true and correct copies of the above documents in addressed
envelope(s) and caused such envelope(s) to be delivered by hand at the above locations by a professional
messenger service. A declaration from the messenger who made the delivery
is attached or
will be
filed separately with the court.

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BY OVERNIGHT DELIVERY: I sealed true and correct copies of the above documents in addressed

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envelope(s) and placed them at my workplace for collection and delivery by overnight courier service. I am
readily familiar with the practices of the San Francisco City Attorney's Office for sending overnight deliveries. In
the ordinary course of business, the sealed envelope(s) that I placed for collection would be collected by a courier
the same day.

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BY FACSIMILE: Based on a written agreement of the parties to accept service by fax, I transmitted true and

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correct copies of the above document(s) via a facsimile machine at telephone number Fax #' to the persons and the
fax numbers listed above. The fax transmission was reported as complete and without error. The transmission
report was properly issued by the transmitting facsimile machine, and a copy of the transmission report
is
attached or
will be filed separately with the court.

I declare under penalty of perjury pursuant to the laws of the United States of America that the
foregoing is true and correct.
Executed March 26, 2012, at San Francisco, California.

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/s/
LISA FREDERIKSEN

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App. to Excuse
U.S.D.C. Case No.: CV 11-03317 DMR

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