Borges v. City of Eureka et al

Filing 40

ORDER re 38 Ex Parte Application to Appear at Settlement Conference by Phone filed by California Forensic Medical Group, Incorporated, Robert Eury, Ann Hampton. Signed by Judge Nandor J. Vadas on 10/5/15. (glm, COURT STAFF) (Filed on 10/6/2015)

1 JEROME M. VARANINI, ESQ. (State Bar No. 58531)
THE LAW OFFICES OF JEROME M. VARANINI
2 641 FULTON AVENUE, Suite 200
SACRAMENTO, CA (95825)
3 P.O. BOX 590
SACRAMENTO, CA 95812-0590
4 TELEPHONE: [phone]
5 Attorney For Defendants
ROBERT EURY, ANN HAMPTON and CFMG
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7

UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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STEPHANY BORGES, individually
10 and as successor-in-interest to
Daren Borges
11
Plaintiff,
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vs.
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CITY OF EUREKA, MICHAEL STELZIG;
14 BRYON FRANCO; JOHN DRAKE
GOODALE; COUNTY OF HUMBOLDT;
15 SHERIFF MICHAEL DOWNEY; TIM
HERSHBERGER; DAVID SWIM, TERRI
16 BITTNER; TIM HAMMER; LEO BASLER;
CALIFORNIA FORENSIC MEDICAL
17 GROUP, INCORPORATED, ROBERT
EURY; ANN HAMPTON and DOES 1-10,
18 inclusive;
19

CASE NO. 4:15-CV-00846
UNOPPOSED APPLICATION OF
DEFENDANTS CFMG, ET AL FOR
PERMISSION TO APPEAR AT
SETTLEMENT CONFERENCE BY PHONE
AND PROPOSED ORDER
Date: October 16, 2015
Time: 10:30
Judge: Nandor Vadas

Defendants.
______________________________/

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Defendants hereby request permission from the court to allow the

23 claims representative for these requesting defendants, Ms. Myrna Nieves,
24 from Ironshore Insurance, located in Farmington, Connecticut, and the Vice
25 President for CFMG, Mrs. Elaine Hustedt, from Monterey, to appear by
26 telephone at the settlement conference set for October 16, 2015, with Hon.
27 Nandor Vadas.
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Defendants

have

agreed

that

with
1

the

court’s

permission

that

1 plaintiff may appear by phone and all counsel have agreed, again with
2 court permission, that the CFMG representatives may also appear by phone.
3

Counsel for these requesting defendants will personally appear at

4 the settlement conference. Defendants’ representatives have participated
5 in multiple prior settlement conferences in both the Northern District and
6 Eastern District including approved appearances by phone.
7

Currently, defendants have recently received the results of vitreous

8 fluid

testing

for

level

of

methamphetamine

in

the

decedent’s

body

9 performed by experts retained by plaintiff’s counsel; those results
10 reflect a massive level of that drug in the decedent’s system at the time
11 of death. These new test results as well as the results of a review of all
12 of the pertinent medical records, including the coroner’s report and other
13 records are under consultant review as well as multiple recent depositions
14 that have recently been completed. The deposition of the plaintiff has
15 been set, as a courtesy to her and her counsel, on October 7, 2015 in
16 Oakland.
17

It is respectfully suggested that the representatives of defendants

18 appearance by phone will not adversely effect the discussions by all
19 parties and the input of the court.
20 Dated: October 2, 2015

LAW OFFICES OF JEROME M. VARANINI

21

/S/ JEROME VARANINI
By: Jerome M. Varanini
Attorney For Defendants
ROBERT EURY, ANN HAMPTON and CFMG

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23
24

[PROPOSED} ORDER GRANTING DEFENDANTS’ REQUEST FOR
TELEPHONIC APPEARANCE AT SETTLEMENT CONFERENCE

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The court having read and considered the request by defendants for
26
permission to appear by phone at the settlement conference in this matter
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set for 10:30 a.m.,October 16, 2015, in McKinleyville and finding good
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2

1 cause, hereby grants permission for telephone appearances by Mrs. Elaine
2 Hustedt and Ms. Myrna Nieves, the representatives of defendants.
3 Dated: 10/5/2015
4
5
HON. NANDOR J. VADAS
Magistrate Judge

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