Louden v. Sorgie et al

Filing 62

ORDER re 61 Case Management Statement, filed by Daniel Leydon, Ed Robles, Brian Philpott, City and County of San Francisco, Ignacio Martinez, Dean Sorgie Further Case Management Conference set for 1/12/2009 03:00 PM.. Signed by Judge Marily Hall Patel on 10/17/08. (be, COURT STAFF) (Filed on 10/20/2008)

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 DENNIS J. HERRERA, State Bar #139669 City Attorney JOANNE HOEPER, State Bar #114961 Chief Trial Deputy KIMBERLY A. BLISS, State Bar #207857 Deputy City Attorney Fox Plaza 1390 Market Street, Sixth Floor San Francisco, California 94102-5408 Telephone: (415) 554-3861 Facsimile: (415) 554-3837 E-Mail: kimberly.bliss@sfgov.org Attorneys for Defendants CITY AND COUNTY OF SAN FRANCISCO, SGT. DEAN SORGIE, LT. DANIEL LEYDON, OFFICER IGNACIO MARTINEZ, OFFICER BRIAN PHILPOTT AND OFFICER ED ROBLES UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA J. HADLEY LOUDEN, Plaintiff, vs. SGT. DEAN SORGIE (#2245), LT. DANIEL LEYDON (#2243), Officers IGNACIO MARTINEZ (#1102), BRIAN PHILPOTT (#925) and ED ROBLES (#1467), and The CITY AND COUNTY OF SAN FRANCISCO, Defendants. Case No. 06-4762 MHP DEFENDANTS' FURTHER CASE STATUS CONFERENCE STATEMENT; [PROPOSED] ORDER CONTINUING FURTHER CASE STATUS CONFERENCE TO DECEMBER 29, 2008 Date: Time: Judge: Removal Date: Trial Date: October 24, 2008 3:00 p.m. Hon. M. Patel August 7, 2006 Not Set The parties in this case reached a tentative settlement, which, pursuant to the City's Charter, is subject to approval first by the San Francisco Police Commission (the "Commission") and then the San Francisco Board of Supervisors (the "Board"). If and when both the Commission and the Board approve the proposed settlement, Plaintiff will dismiss this lawsuit. Accordingly, by Stipulation and Order, the Court set a Further Case Status Conference for October 24, 2008 at 3:00 p.m. Defendants now file this Further Case Status Conference Defendants' Further CMC Statement; [Proposed] Order Louden v. CCSF et al., USDC Case No. C06-4762 MHP 1 N:\LIT\LI2006\070044\00516201.DOC 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Statement to inform the Court that the settlement is still being considered by the Board of Supervisors' Rules Committee.1 Pursuant to the City's Charter, if and when the Rules Committee approves the settlement, the settlement must still be considered by the full Board at two regularly-noticed Board meetings and then be presented to the Mayor for signature. Counsel for the defendants is informed and believes that the earliest date the settlement could be finally approved is November 28, 2008. It then usually takes a short period for the Controller's office to issue the settlement check. Counsel for the defendants will be on an overseas vacation from November 17, 2008 through December 18, 2008. Accordingly, defendants propose that the Court set a Further Case Status Conference for Monday, December 29, 2008 at 3:00 p.m. Defendants propose that the parties file a Stipulation of Dismissal or a Joint Further Case Status Conference Statement describing the status of the settlement approval on or before December 24, 2008. Dated: October 17, 2008 DENNIS J. HERRERA City Attorney JOANNE HOEPER Chief Trial Deputy By: /s/ Kimberly A. Bliss KIMBERLY A. BLISS Attorneys for Defendants Counsel for defendants attempted to reach counsel Plaintiff's counsel by telephone and email on October 16, 2008, in hopes of filing this status conference statement and request for a continuance jointly. Plaintiff's counsel was apparently unable to respond. Defendants' Further CMC Statement; [Proposed] Order Louden v. CCSF et al., USDC Case No. C06-4762 MHP 1 2 N:\LIT\LI2006\070044\00516201.DOC 1 2 3 4 5 6 ORDER GOOD CAUSE appearing, it is HEREBY ORDERED that the Further Case Status January 12, 2009 Conference on October 24, 2008 at 3:00 p.m. is continued to December 29, 2008 at 3:00 p.m. The parties shall submit a stipulation of dismissal or a further case management conference statement on or before December 24, 2008. Dated: 10/17/08 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 UNIT ED 7 THE HONORABLE MARILYN HALL PATEL UNITED STATES DISTRICT D E JUDGE S S DISTRICT TE C TA RT U O ER N D IS T IC T R OF A C Defendants' Further CMC Statement; [Proposed] Order Louden v. CCSF et al., USDC Case No. C06-4762 MHP 3 LI N:\LIT\LI2006\070044\00516201.DOC FO arilyn Judge M l H. Pate R NIA O IT IS S ORDER NO RT H

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