Gallegos v. Seeley

Filing 26

ORDER Granting Defendant's Ex Parte Application to Waive Personal Appearance at Mandatory Settlement Conference. (ECF No. 25 ) The Court ORDERS Dr. Seeley to provide his contact information to defense counsel and to remain available by telephone for the duration of the MSC. Signed by Magistrate Judge Michael S. Berg on 7/30/2019. (All non-registered users served via U.S. Mail Service) (tcf)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 ALEJANDRO GALLEGOS, Case No.: 18cv1322-JAH(MSB) Plaintiff, 12 13 v. 14 ORDER GRANTING DEFENDANT’S EX PARTE APPLICATION TO WAIVE PERSONAL APPEARANCE AT MANDATORY SETTLEMENT CONFERENCE [ECF No. 25] K. SEELEY, M.D., Defendant. 15 16 17 On July 30, 2019, Defendant filed an ex parte application to waive his personal 18 appearance at the Mandatory Settlement Conference (“MSC”) on August 7, 2019. (See 19 ECF No. 25.) 20 In support of the request to excuse Dr. Seeley’s appearance, Defendant’s counsel 21 explains in his declaration that “Dr. Seeley does not have any independent settlement 22 authority in this matter” and “[g]iven the nature of this case, travel to San Diego for a 23 personal appearance would constitute an undue burden on government resources,” as 24 Defendant would not be able to provide medical care to inmates at Centinela State 25 Prison. (ECF No. 25-1 at ¶4.) The application indicates that Defendant, Dr. Seeley, “will 26 be available by telephone during the settlement conference to discuss the facts of the 27 case or any other matters necessary.” (ECF No. 25 at 2.) Finding good cause, the Court 28 hereby excuses Dr. Seeley’s personal appearance. The Court ORDERS Dr. Seeley to 1 18cv1322-JAH(MSB) 1 provide his contact information to defense counsel and to remain available by 2 telephone for the duration of the MSC. 3 4 IT IS SO ORDERED. Dated: July 30, 2019 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 18cv1322-JAH(MSB)

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