Kayleigh Slusher et al v. City of Napa et al

Northern District of California, cand-4:2015-cv-02394

ORDER RE: PLAINTIFFS' MOTION REGARDING APPEARANCES OF BENNY SLUSHER AND JASON SLUSHER AT SETTLEMENT CONFERENCE (SEE ORDER FOR ALL PARTICULARS). Motions terminated: {{57}} Motion to allow telephone appearance by Benny Slusher and for Writ of Habeas Corpus Ad Testificandum for Jason Slusher to attend settlement conference. Signed by Magistrate Judge Donna M. Ryu on 1/20/16.

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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 KAYLEIGH SLUSHER, et al, 7 Case No. 4:15-cv-02394-SBA (DMR) Plaintiffs, 8 ORDER RE PLAINTIFFS' MOTION v. REGARDING APPEARANCES OF 9 BENNY SLUSHER AND JASON CITY OF NAPA, et al, SLUSHER AT SETTLEMENT 10 Defendants. CONFERENCE 11 Re: Dkt. Nos. 57, 58 and 59 12 Northern District of California The court has reviewed Plaintiffs' motion regarding Benny Slusher and Jason Slusher's United States District Court 13 appearances at the March 1, 2016 settlement conference. Benny Slusher's motion for telephonic 14 appearance is granted. He must be available by telephone for the duration of the settlement 15 16 conference. Jason Slusher's motion for issuance of a writ is denied without prejudice. Counsel 17 shall submit a proper writ of habeas corpus ad testificandum that is addressed to the California 18 Department of Corrections and Rehabilitation (CDCR), and that directs Mr. Slusher's 19 transportation and production by the CDCR. The writ should indicate that Plaintiffs will pay the 20 usual and customary charges for the CDCR's services. Once the court reviews and issues the writ, 21 Plaintiffs must serve it on the CDCR. The court recommends that Plaintiffs communicate with the 22 23 CDCR about the writ before serving it. 24 Although the CDCR is responsible for transporting and producing Mr. Slusher for the 25 settlement conference, the United States Marshal Service (USMS) will provide logistical support 26 within the courthouse. After consulting with the USMS, the court denies Jason Slusher's motion 27 to wear civilian clothing during the settlement conference. The security risks raised by 28 Mr. Slusher's request outweigh his wish to attend without wearing prison clothing. In reaching 1 2 this conclusion, the court notes that Mr. Slusher will be attending a confidential settlement 3 conference, and not a jury trial in which Mr. Slusher's physical appearance could prejudice a 4 finder of fact. 5 IT IS SO ORDERED. 6 Dated: January 20, 2016 7 ______________________________________ 8 Donna M. Ryu United States Magistrate Judge 9 10 11 12 Northern District of California United States District Court 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2