Padilla v. Beard, 2:14-cv-1118-KJM-CKD. (2016)
Court: District Court, E.D. California
Number: infdco20160425614
Visitors: 9
Filed: Apr. 22, 2016
Latest Update: Apr. 22, 2016
Summary: ORDER KENDALL J. NEWMAN , Magistrate Judge . On April 22, 2016, an informal telephonic conference was held in this matter before the undersigned to address plaintiff's request to discuss potential alternative arrangements to having plaintiff and his counsel appear at the May 2, 2016 settlement conference in person. Attorney Lori Rifkin appeared telephonically on behalf of plaintiff. Attorney Diana Esquivel appeared telephonically on behalf of defendants. As of this time, both plaintiff and
Summary: ORDER KENDALL J. NEWMAN , Magistrate Judge . On April 22, 2016, an informal telephonic conference was held in this matter before the undersigned to address plaintiff's request to discuss potential alternative arrangements to having plaintiff and his counsel appear at the May 2, 2016 settlement conference in person. Attorney Lori Rifkin appeared telephonically on behalf of plaintiff. Attorney Diana Esquivel appeared telephonically on behalf of defendants. As of this time, both plaintiff and ..
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ORDER
KENDALL J. NEWMAN, Magistrate Judge.
On April 22, 2016, an informal telephonic conference was held in this matter before the undersigned to address plaintiff's request to discuss potential alternative arrangements to having plaintiff and his counsel appear at the May 2, 2016 settlement conference in person. Attorney Lori Rifkin appeared telephonically on behalf of plaintiff. Attorney Diana Esquivel appeared telephonically on behalf of defendants.
As of this time, both plaintiff and his counsel are directed to appear at the May 2, 2016 settlement conference in person. Nevertheless, as discussed during the telephonic conference, the undersigned is willing to reconsider this order with respect to plaintiff's personal appearance but only upon a showing by plaintiff that it is the professional opinion of his mental healthcare physicians that his travel to and in-person attendance at the settlement conference will very likely cause him to suffer significant mental stress1 that could only be avoided by his attendance via remote means.2
IT IS SO ORDERED.
FootNotes
1. Significant mental stress means that plaintiff will suffer a near-catastrophic impediment to the stabilization of his mental health.
2. While no hard deadline is imposed for such a showing, the undersigned cautions plaintiff's counsel that she should be prepared to have both plaintiff and herself attend the settlement conference in person and should file a request for plaintiff's attendance via videoconference making the requisite showing as soon as is reasonably possible.
Source: Leagle
