Kayleigh Slusher et al v. City of Napa et al

Filing 60

ORDER RE: PLAINTIFFS' MOTION REGARDING APPEARANCES OF BENNY SLUSHER AND JASON SLUSHER AT SETTLEMENT CONFERENCE (SEE ORDER FOR ALL PARTICULARS). Motions terminated: 57 Motion to allow telephone appearance by Benny Slusher and for Writ of Habeas Corpus Ad Testificandum for Jason Slusher to attend settlement conference. Signed by Magistrate Judge Donna M. Ryu on 1/20/16. (ig, COURT STAFF) (Filed on 1/20/2016)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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KAYLEIGH SLUSHER, et al,

Case No. 4:15-cv-02394-SBA (DMR)

Plaintiffs,
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v.
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CITY OF NAPA, et al,
Defendants.

United States District Court
Northern District of California

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ORDER RE PLAINTIFFS’ MOTION
REGARDING APPEARANCES OF
BENNY SLUSHER AND JASON
SLUSHER AT SETTLEMENT
CONFERENCE
Re: Dkt. Nos. 57, 58 and 59

The court has reviewed Plaintiffs' motion regarding Benny Slusher and Jason Slusher’s

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appearances at the March 1, 2016 settlement conference. Benny Slusher's motion for telephonic
appearance is granted. He must be available by telephone for the duration of the settlement

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conference. Jason Slusher's motion for issuance of a writ is denied without prejudice. Counsel

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shall submit a proper writ of habeas corpus ad testificandum that is addressed to the California

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Department of Corrections and Rehabilitation (CDCR), and that directs Mr. Slusher's

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transportation and production by the CDCR. The writ should indicate that Plaintiffs will pay the

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usual and customary charges for the CDCR's services. Once the court reviews and issues the writ,
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Plaintiffs must serve it on the CDCR. The court recommends that Plaintiffs communicate with the
CDCR about the writ before serving it.
Although the CDCR is responsible for transporting and producing Mr. Slusher for the

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settlement conference, the United States Marshal Service (USMS) will provide logistical support

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within the courthouse. After consulting with the USMS, the court denies Jason Slusher's motion

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to wear civilian clothing during the settlement conference. The security risks raised by

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Mr. Slusher's request outweigh his wish to attend without wearing prison clothing. In reaching

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this conclusion, the court notes that Mr. Slusher will be attending a confidential settlement

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conference, and not a jury trial in which Mr. Slusher's physical appearance could prejudice a

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finder of fact.

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IT IS SO ORDERED.
Dated: January 20, 2016
______________________________________
Donna M. Ryu
United States Magistrate Judge

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United States District Court
Northern District of California

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