STIPULATION SEEKING PERMISSION FOR CERTAIN PARTIES TO ATTEND SETTLEMENT CONFERENCE BY TELEPHONE; [PROPOSED] ORDER

DONNA M. RYU, Magistrate Judge.

Subject to the Court's approval, IT IS HEREBY STIPULATED AND AGREED by the Parties, through their undersigned counsel of record, that:

1. A settlement conference is scheduled in this case for March 26, 2013.

2. The parties have met and conferred about the settlement conference, including which individuals will attend. The parties agreed that, with the Court's permission, two individuals who are located on the east coast could be excused from appearing in person at the settlement conference, and could instead be available by telephone should the Court wish to consult them.

3. First, Defendant Ali Heidarpour requests to be excused from appearing in person at the settlement conference, and instead proposes being available by telephone. Mr. Heidarpour lives in Virginia. The parties have been discussing a potential settlement based on the three Defendants' ability to pay. The majority of assets available to pay a settlement are with Defendant Farideh Heidarpour, and not Ali Heidarpour. Defendant Farideh Heidarpour will appear in person on her own behalf and on behalf of Defendant A.B.C. Billing, Inc. as its Secretary. Farideh Heidarpour's husband, Fred Heidarpour, will also appear in person on behalf of A.B.C. Billing as its President. The parties agree that the Defendants will be adequately represented by the attendance of Farideh and Fred Heidarpour, and by having Ali Heidarpour available by phone.

4. Second, the United States request that the Department of Labor (DOL) representative be excused from appearing in person at the settlement conference. This action was brought on behalf of DOL's Office of Workers' Compensation Programs, which administers the workers' compensation program at issue in the case, as well as on behalf of the United States Postal Service (USPS), which reimbursed DOL for the payments at issue through the chargeback process set forth in 5 U.S.C. § 8147. Any funds collected in a settlement that are distributed to DOL will then be reimbursed to USPS. The United States will be represented in person at the settlement conference by employees of the Department of Justice (DOJ) and USPS. The United States proposes that a representative of DOL who has settlement authority for the agency be available by telephone. DOL plans to be represented by Senior Attorney Paul Klingenberg, who is located in the Washington, D.C. area. Due to the current federal budget situation, it would be difficult to fund Mr. Klingenberg's travel. The parties agree that the United States will be adequately represented by the attendance of DOJ and USPS representatives, and by having Mr. Klingenberg available by phone.

IT IS SO STIPULATED.

[PROPOSED] ORDER

Pursuant to stipulation, and for good cause shown, Ali Heidarpour and the representative of the Department of Labor are excused from appearing in person at the March 26, 2013 settlement conference. Both shall be available by telephone beginning at 10:00 a.m. pacific time and for the remainder of the day on March 26, 2013 until the settlement conference adjourns.

IT IS SO ORDERED.