Opinion
2:20-cv-01807 KJN
10-19-2023
DANIEL KAHAKU, Plaintiff, v. K. WALLACE, et al., Defendants.
Action Filed: 9/8/2020 Conference: November 2, 2023 ROB BONTA, State Bar No. 202668 Attorney General of California PREETI K. BAJWA, State Bar No. 232484 Supervising Deputy Attorney General JOHN W. FAULCONER, State Bar No. 298015 Deputy Attorney General Attorneys for Defendants K. Wallace, J. Vina, J. Ellis, K. Hang, E. Speer, T. Freitas, A. Bustamante and J. Canela
Action Filed: 9/8/2020
Conference: November 2, 2023
ROB BONTA, State Bar No. 202668 Attorney General of California PREETI K. BAJWA, State Bar No. 232484 Supervising Deputy Attorney General JOHN W. FAULCONER, State Bar No. 298015 Deputy Attorney General Attorneys for Defendants K. Wallace, J. Vina, J. Ellis, K. Hang, E. Speer, T. Freitas, A. Bustamante and J. Canela
DEFENDANTS' REQUEST TO EXCUSE APPEARANCE AT SETTLEMENT CONFERENCE; ORDER
HONORABLE STANLEY A. BOONE MAGISTRATE JUDGE
1:00 p.m.
The Court ordered a settlement conference for the above referenced case matter for November 2, 2023. Defendants K. Wallace, J. Vina, J. Ellis, K. Hang, E. Speer, T. Freitas, A. Bustamante and J. Canela request this Court excuse their personal appearances at the upcoming settlement conference.
Defendants will be represented by Deputy Attorney General John W. Faulconer at the settlement conference. (Declaration of John W. Faulconer (Faulconer Decl.), ¶ 1.)
Defendants' representative will have full authority to settle as specified in the Court's Order Setting Settlement Conference. (Faulconer Decl., ¶ 2.)
Good cause exists to excuse the appearances of Defendants at the settlement conference. Defendants, save Defendant Speer who is retired, work at Mule Creek State Prison. (Faulconer Decl., ¶ 3.) Requiring Defendants to attend the settlement conference proceedings will divert them from their daily responsibilities. (Id.) The daily duties of Defendants include the maintenance of prison security, supervising inmates, and providing services to inmates. (Id.) Their absences may disrupt normal activity at the institution, and redirect staff, including staff with other critical responsibilities. (Id.) Defendants further note that the conference is scheduled to occur only three weeks after it was ordered. (Id.)
Mr. Faulconer will have access to contact his supervisors in the event that he must request additional authority. (Faulconer Decl., ¶ 4.)
Because settlement decisions and full monetary authority for the upcoming conference will lie with the Defendants' counsel, it is respectfully requested that the Court excuse Defendants' appearance on November 2, 2023.
ORDER
Having reviewed the foregoing request and determined good cause, Defendants K. Wallace, J. Vina, J. Ellis, K. Hang, E. Speer, T. Freitas, A. Bustamante and J. Canela are excused from personally appearing at the upcoming settlement conference on November 2, 2023. Defendants will be represented by their counsel from the California Attorney General's Office.
IT IS SO ORDERED.