REQUEST BY DEFENDANTS SONOMA COUNTY SHERIFF FREITAS AND SGT. WILLIAMS TO EXCUSE THEIR PERSONAL ATTENDANCE AT THE SETTLEMENT CONFERENCE; AND [PROPOSED] ORDER
KANDIS A. WESTMORE, Magistrate Judge.
Defendants SONOMA COUNTY SHERIFF STEVE FREITAS and SERGEANT WILLIAMS hereby respectfully request the Court to excuse their personal attendance at the Settlement Conference on January 30, 2015.
Good cause exists to excuse the personal attendance of these two Defendants. Sgt. Williams has retired from the Sonoma County Sheriff's Office and is now living in the State of Washington. Sheriff Freitas has no personal knowledge about the issues underlying this civil action and his personal attendance is not necessary to advance potential settlement negotiations. Defendants will ensure the attendance of several individuals at the settlement conference with personal knowledge about the subject the incident, the Electronic Monitoring Program, the Sheriff Office's policies, and with full authority to negotiate a settlement.
Plaintiff, through her pro bono counsel, has indicated that she has no objection to Defendants' requests.
ARGUMENT
The Court requires the personal attendance of each party. Personal attendance may be excused only upon written authorization from the Court if the party demonstrates extraordinary hardship. (Court's Settlement Conference Standing Order, ¶ 4).
According to the ADR Local Rules, a government agency typically satisfies personal attendance requirement if the agency is represented by a person (in addition to counsel of record) who has, to the greatest extent feasible, authority to settle, and who is knowledgeable about the facts of the case, the agency's position, and the procedures and policies under which the agency decides whether to accept proposed settlements. (ADR Local Rules 7-4 (b).
In accordance with these mandates, Defendants Sheriff Freitas and Sgt. Williams respectfully request the Court's authorization to be excused from having to personally attend the Settlement Conference on January 30, 2015, for the following reasons.
Sgt. Kimber Williams
Sgt. Kimber Williams has retired from the Sonoma County Sheriff's Office and has moved to the State of Washington, where she now permanently resides. Sgt. Williams has pre-arranged travel plans for the weekend of January 31 / February 1, 2015. Requiring Sgt. Williams to travel to the Bay Area from Washington to attend the Settlement Conference on January 30, 2015, and back to Washington the same day, would place an undue hardship on her. In addition, Sgt. Williams' personal attendance is not necessary to advance potential settlement discussions. Defendant Sgt. Pitkin, who has personal knowledge about the subject incident, will attend the settlement conference. In the unlikely event that additional questions should arise which Sgt. Pitkin cannot answer, Sgt. Williams will be available via telephonic standby to answer any questions the Court may have. In addition, somebody from the Sonoma County Sheriff's detention division with specific knowledge about the County's Electronic Monitoring Program, as well as the Sheriff's Office policies, will attend the settlement conference. Defendants will further be represented by a County representative with full authority to negotiate a settlement on behalf of all Defendants, including Sgt. Williams.
In sum, given that Sgt. Williams' personal attendance is not necessary to advance potential settlement negotiations and to avoid an undue hardship by requiring her to travel from the State of Washington to attend the settlement conference, Sgt. Williams respectfully ask the Court to excuse her personal attendance at the settlement conference on January 30, 2015.
Sheriff Steve Freitas
Similarly, the personal attendance of Sheriff Steve Freitas is not necessary to advance settlement negotiations. Sheriff Freitas has no personal knowledge about the subject incident. Although he is overall in charge of the operations of the Sheriff's Office, he is not personally involved in the direct oversight of the detention division and/or the County's Electronic Monitoring Program. These specific functions are fulfilled by correctional management staff of the Sheriff Office's detention division, and Defendants will ensure that somebody from the detention division with specific knowledge about the County's Electronic Monitoring Program, as well as the Sheriff's Office policies, will attend the settlement conference to answer any questions the Court may have. Further, as indicated above, Defendants will be adequately represented by a County representative with full authority to negotiate a settlement on behalf of all Defendants, including Sheriff Freitas.
Therefore, Sheriff Freitas' personal attendance at the settlement conference is not necessary to provide any pertinent information about any material issues that are the subject of this civil action and/or to advance potential settlement discussions.
No Objection by Plaintiff
In accordance with the Court's standing order for Settlement Conferences, defense counsel contacted Plaintiff's pro bono counsel, Amy E. Hayden, to inform Plaintiff in advance about Defendants' request to excuse Sgt. Williams and Sheriff Freitas from having to personally appear at the settlement conference. Plaintiff, through her pro bono counsel, indicated that she has no objection to Defendants' requests.
As such, Defendants respectfully asks the Court to grant their unopposed request and to excuse the personal attendance of Sgt. Williams and Sheriff Freitas at the Settlement Conference on January 30, 2015.
ORDER
The Court, having reviewed Defendants' request to excuse the personal attendance of Sgt. Williams and Sheriff Freitas at the Settlement Conference on January 30, 2015, and good cause appearing for such request, hereby GRANTS Defendants' request.
Sgt. Williams and Sheriff Freitas are excused from personally attending the Settlement Conference on January 30, 2015.
IT IS SO ORDERED.
