Bertone v. City & County of San Francisco et al

Filing 37

ORDER DISCHARGING OSC. Signed by Judge Maria-Elena James on 2/21/2012. (cdnS, COURT STAFF) (Filed on 2/21/2012)

RT

8

ER

H

7

Ju

Attorneys for Defendant
CITY AND COUNTY OF SAN FRANCISCO

R NIA

S
NO

6

s
na Jame

ria-Ele
dge Ma

FO

5

TED

GRAN

LI

4

A

3

S DISTRICT
TE
C
TA

RT
U
O

2

DENNIS J. HERRERA, State Bar #139669
City Attorney
JOANNE HOEPER, State Bar #114961
Chief Trial Deputy
BRADLEY A. RUSSI, State Bar #256993
Deputy City Attorney
Fox Plaza
1390 Market Street, 6th Floor
San Francisco, California 94102-5408
Telephone:
[phone]
Facsimile:
[phone]
Email: [e-mail]

UNIT
ED

1

N

D IS T IC T
R

OF

C

9
UNITED STATES DISTRICT COURT
10
NORTHERN DISTRICT OF CALIFORNIA
11
12

DONALD G. BERTONE,
Plaintiff,

13
14
15
16
17

vs.
CITY & COUNTY OF SAN
FRANCISCO, SAN FRANCISCO
POLICE DEPT., SAN FRANCISCO
GENERAL HOSPITAL, SAN
FRANCISCO SHERIFF’S DEPT. and
DOES 1-100,

18

Case No. 08-cv-01003-MEJ
DEFENDANT CITY & COUNTY OF
SAN FRANCISCO’S RESPONSE TO
ORDER TO SHOW CAUSE
Hearing Date:
Time:
Place:

February 23, 2012
10:00 a.m.
Courtroom B, 15th
Floor

Date Action Filed:
Trial Date:

Oct. 27, 2011
Not Set

Defendants.

19
20
21

Defendant City and County of San Francisco (“the City”) submits this response to the Court’s
February 7, 2012 Order to Show Cause (Dkt. 34) and states as follows:

22

1.

The deposition of Plaintiff Donald Bertone was conducted on February 16, 2012.

23

2.

Because Mr. Bertone appeared for deposition, the show cause hearing scheduled for

24

February 23, 2012 should be vacated.

25
26
27
28
RESPONSE TO OSC;
Bertone v. CCSF, Case No. 08-CV-01003 MEJ

1

n:\lit\li2008\080844\00755555.doc

1

Dated: February 17, 2012

2

DENNIS J. HERRERA
City Attorney
JOANNE HOEPER
Chief Trial Deputy
BRADLEY A. RUSSI
Deputy City Attorney

3
4
5
6
7

By:/s/ Bradley A. Russi
BRADLEY A. RUSSI
Attorneys for Defendant
City & County of San Francisco

8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
RESPONSE TO OSC;
Bertone v. CCSF, Case No. 08-CV-01003 MEJ

2

n:\lit\li2008\080844\00755555.doc

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19

PROOF OF SERVICE
I, AMELIA WONG, declare as follows:
I am a citizen of the United States, over the age of eighteen years and not a party to the within
entitled action. I am employed at the City Attorney’s Office of San Francisco, Fox Plaza Building,
1390 Market Street, Sixth Floor, San Francisco, CA 94102.
On February 17, 2012, I served the attached:
DEFENDANT CITY & COUNTY OF SAN FRANCISCO’S RESPONSE TO ORDER TO
SHOW CAUSE
on the interested parties in said action, by placing a true copy thereof in sealed envelope(s) addressed
as follows:
Donald G. Bertone
1115 Post Street, #14
San Francisco, CA 94109
Plaintiff in pro per
and served the named document in the manner indicated below:
BY MAIL: I caused true and correct copies of the above documents, by following ordinary business practices,
to be placed and sealed in envelope(s) addressed to the addressee(s), at the City Attorney’s Office of San
Francisco, Fox Plaza Building, 1390 Market Street, City and County of San Francisco, California, 94102, for
collection and mailing with the United States Postal Service, and in the ordinary course of business,
correspondence placed for collection on a particular day is deposited with the United States Postal Service that
same day.
I declare under penalty of perjury under the laws of the State of California that the foregoing
is true and correct.
Executed February 17, 2012, at San Francisco, California.

20

/s/ Amelia Wong
AMELIA WONG

21
22
23
24
25
26
27
28
RESPONSE TO OSC;
Bertone v. CCSF, Case No. 08-CV-01003 MEJ

3

n:\lit\li2008\080844\00755555.doc