Case5:11-cr-00471-DLJ Document454 Filed02/25/13 Page1 of 3

1 ROBERT E. CAREY, JR., ESQ. (SBN 47556) CAREY & CAREY 2 706 COWPER STREET P.O. BOX 1040 3 PALO ALTO, CA 94302-1040 650/328-5510 4 650/853-3632 FAX 5 Attorneys for Defendant, JAMES C. MURPHY 6 7 8 9 10 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA | | | | | | | | | / CASE NO. CR-11-00471-DJL DEFENDANT JAMES C. MURPHYS REQUEST FOR WAIVER OF PERSONAL APPEARANCE AT SETTLEMENT CONFERENCE AND [proposed] ORDER Date: March 1, 2013 Time: 9:30 am Court: Magistrate Judge Beeler

11 UNITED STATES OF AMERICA, 12 13 vs. Plaintiff,

14 JAMES C. MURPHY, 15 16 17 18 Defendant.

Defendant James C. Murphy, by and through his Attorney, Robert E.

19 Carey, Jr., hereby requests that the Court waive his personal presence at the 20 Settlement Conference scheduled for March 1, 2013 for the following reasons: 21 Mr. James C. Murphy is a 38 year old full time architectural assistant who

22 resides in the Washington D.C. area. It would be a financial hardship for him 23 to travel to San Francisco. Additionally, it would be a hardship for him to miss 24 work. 25 Previously, pursuant to Rule 43 of the Federal Rules of Civil Procedure

26 and by order of the Honorable D. Lowell Jensen, Mr. Murphy waived his 27 personal presence at all other court appearances and appeared through his 28 counsel.
1 JAMES MURPHY S REQUEST FOR WAIVER AND [PROPOSED] ORDER

Case5:11-cr-00471-DLJ Document454 Filed02/25/13 Page2 of 3

More importantly, Mr. Murphys counsel, Robert E. Carey, Jr., is currently

2 trying a case in Redwood City, California. That case commenced on February 3 25, 2013. It is anticipated that the case, which is only heard in the afternoons, 4 will continue for at least a ten (10) day period of time. The case is entitled In 5 Re Conservatorship of Wickett, case number 119731. The case itself is a

6 Petition for Substituted Judgment involving a requested new will on behalf of 7 the Conservatee in an approximate $20 million dollar estate. 8 Counsel for Mr. Murphy may be able to attend the morning session of the However, counsel will not be

9 settlement conference on March 1, 2013.

10 available for the afternoon session, hence he will be in trial on the above11 referenced matter. 12 Counsel will not know, for a certainty, that he will be able to attend even

13 the morning session of the settlement conference until the conclusion of 14 testimony in the state court matter on February 28, 2013. Accordingly, if Mr. 15 Murphy were to appear, for the settlement conference as scheduled, his counsel 16 would at most only be able to appear with him during the morning session. In 17 that regard, if counsel is able to appear for the morning session, Mr. Murphy will 18 be on telephone stand by for that morning session of the settlement 19 conference. 20 Based upon the foregoing, Mr. Murphy respectfully requests that he be

21 allowed to appear through his counsel (if his counsel is able to attend )on March 22 1, 2013 for the settlement conference. 23 24 25 DATED: February 25, 2013 26 27 28 / / /
2 JAMES MURPHY S REQUEST FOR WAIVER AND [PROPOSED] ORDER

Respectfully submitted,

/s/ ROBERT E. CAREY, JR. Attorneys for Defendant JAMES C. MURPHY

Case5:11-cr-00471-DLJ Document454 Filed02/25/13 Page3 of 3

1 2 3 4 UPON APPLICATION of Defendant James C. Murphy and good cause [PROPOSED] ORDER

5 appearing, 6 IT IS HEREBY ORDERED that Defendant James C. Murphys personal

7 appearance at the March 1, 2013 settlement conference shall be waived. 8 9 DATED: MAGISTRATE JUDGE LAUREL BEELER 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
3 JAMES MURPHY S REQUEST FOR WAIVER AND [PROPOSED] ORDER