STIPULATED APPLICATION TO EXCUSE DEFENDANTS RODATOS AND ESCOBAR FROM ATTENDANCE AT SETTLEMENT CONFERENCE; DECLARATION OF BRADLEY A. RUSSI; [PROPOSED] ORDER

KANDIS A. WESTMORE, Magistrate Judge.

This office represents the Defendants in the above-referenced matter, including Defendants Alex Rodatos and William Escobar. Defendants request that Sergeant Rodatos and Liutenant Escobar be excused from the settlement conference scheduled for February 13, 2013. Sergeant Rodatos has a medical issue that has rendered him unable to travel to the conference. He will be available by telephone. Lieutenant Escobar has been attending a multiple-month training course. He is required to participate in the end of the training course, which is scheduled for February 13, or he will have to repeat the entire course.

The other individual defendants will be present, as will a representative from the San Francisco Police Department. The presence of Sergeant Rodatos and Lieutenant Escobar is not necessary to authorize a settlement. Furthermore, Plaintiffs have already taken the depositions of these Defendants.

Plaintiffs' counsel has stipulated to excusing Rodatos and Escobar from attendance at the settlement conference.

DECLARATION OF BRADLEY A. RUSSI

I, Bradley A. Russi, declare as follows:

1. I am an attorney admitted to practice law in the State of California and before this Court. I am employed as a Deputy City Attorney with the Office of the City Attorney for the City and County of San Francisco. I am assigned to represent the defendants in the above-captioned litigation.

2. I am informed and believe that Sergeant Rodatos has a medical issue that has rendered him unable to travel to the conference. He will be available by telephone.

3. Lieutenant Escobar has been attending a multiple-month training course. He is required to participate in the end of the training course, which is scheduled for February 13, or he will have to repeat the entire course.

4. I have conferred with Plaintiffs' counsel regarding the presence of Rodatos and Escobar at the settlement conference. Plaintiffs' counsel stipulated that Rodatos and Escobar need not attend.

I declare under penalty of perjury under the laws of the State of California that the preceding declaration is true, and that this declaration was executed February 1, 2013 in San Francisco, California.

[PROPOSED] ORDER

Upon good cause shown, Defendants Alex Rodatos and William Escobar are excused from attendance at the February 13, 2013, settlement conference of this matter.

IT IS SO ORDERED.