Myers et al v. City and County of San Francisco et al

Filing 148

ORDER - Motions due by 5/9/2012.. Signed by Judge Maria-Elena James on 3/28/2012. (cdnS, COURT STAFF) (Filed on 3/28/2012)

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1 2 3 4 5 6 DENNIS J. HERRERA, State Bar #139669 City Attorney JOANNE HOEPER, State Bar #114961 Chief Trial Attorney SEAN F. CONNOLLY, State Bar # 152235 Deputy City Attorneys Fox Plaza 1390 Market Street, 6th Floor San Francisco, California 94102-5408 Telephone: (415) 554-3863 Facsimile: (415) 554-3837 E-Mail: sean.connolly@sfgov.org 7 8 Attorneys for Defendants CITY AND COUNTY OF SAN FRANCISCO, ET AL. 9 UNITED STATES DISTRICT COURT 10 NORTHERN DISTRICT OF CALIFORNIA 11 12 SHAWN MYERS and SARAH MYERS, 13 Plaintiffs, 14 vs. 15 CITY AND COUNTY OF SAN FRANCISCO, a municipal corporation; et al. 16 Case No. C08-1163 MEJ ADMINISTRATIVE MOTION AND STIPULATION FOR ORDER EXTENDING TIME TO FILE JOINT UNDISPUTED STATEMENT OF FACT AND DISPOSITIVE MOTION; STIPULATION BY THE PARTIES; AND [PROPOSED] ORDER Defendants. 17 [Local Rule 7-11] 18 19 20 21 22 23 24 25 26 27 28 CCSF MSJ Reply CASE NO. C08-01163 MEJ n:\lit\li2012\080047\00763861.doc 1 Pursuant to Local Rule 7-11, Defendants, based on stipulation, hereby move the Court for an 2 order extending time to file their joint statement of undisputed fact, and any dispositive motions. As 3 outlined below, the parties have been meeting and conferring pursuant to this Court's March 2, 2012 4 Order, and have been diligently working toward a joint statement for use in defendants' motion for 5 partial summary judgment and plaintiffs' opposition thereto. 6 Dated: March 27, 2012 DENNIS J. HERRERA City Attorney JOANNE HOEPER Chief Trial Deputy SEAN F. CONNOLLY Deputy City Attorneys 7 8 9 By: s/Sean F. Connolly SEAN F. CONNOLLY Deputy City Attorney Attorneys for Defendants CITY AND COUNTY OF SAN FRANCISCO, et al. 10 11 12 13 14 STIPULATION OF COUNSEL 15 THE UNDERSIGNED COUNSEL HEREBY STIPULATE: 16 1. On March 2, 2012, the court issued an order denying defendants’ motion for summary 17 judgment, without prejudice, and ordered defendants to include a joint statement of undisputed fact 18 with any future motion, consistent with the Court's standing order. The Order also requested the 19 parties meet and confer in that regard. 20 21 22 2. Between March 7, 2012, and March 16, 2012, the parties met and conferred in efforts to narrow the issues of actual contention. 3. From March 16, 2012, through today, the parties have met and conferred, on nearly a 23 daily basis, in an attempt to reach agreement on a joint statement of undisputed fact. Presently, the 24 parties are working on their third draft of an undisputed statement of fact, which includes 25 approximately 170 separate facts, and supporting citations. 26 4. Because this lawsuit arises out of a particularly fact intensive transaction, the process 27 of meeting and conferring to agree on a joint statement of undisputed fact and a joint statement of 28 undisputed testimony is time intensive and laborsome. ADMIN MOTION AND STIP FOR EXTENSION OF TIME TO FILE UMF No. C08-01163 MEJ 2 n:\lit\li2012\080047\00763861.doc 1 2 3 5. While the parties have made progress toward a joint statement, they need more time to accomplish this task. 6. Because of the particularly busy litigation schedules of the parties, the parties 4 respectfully request Defendants’ deadline by which they may refile a motion for partial summary 5 judgment on the same claims, or on fewer claims, be extended until May 9, 2012 6 7 IT IS SO STIPULATED. Dated: March 27, 2011 DENNIS J. HERRERA City Attorney JOANNE HOEPER Chief Trial Deputy SEAN F. CONNOLLY WARREN METLITZKY Deputy City Attorneys 8 9 10 11 By: 12 _/S/ SEAN F. CONNOLLY Deputy City Attorney 13 Attorneys for Defendants CITY AND COUNTY OF SAN FRANCISCO, et al. 14 15 Dated: March 27, 2011 FREITAS, MCCARTY, MACMAHON AND KEATING, LLP 16 17 18 19 By: /S/ CHRISTIAN KEMOS, ESQ. Attorneys for Plaintiffs SHAWN MYERS and SARAH MYERS 20 21 22 23 24 25 26 27 28 ADMIN MOTION AND STIP FOR EXTENSION OF TIME TO FILE UMF No. C08-01163 MEJ 3 n:\lit\li2012\080047\00763861.doc 1 PROPOSED ORDER 2 BASED ON STIPULATION, AND FOR GOOD CAUSE SHOWN, IT IS SO ORDERED: 3 Defendants’ deadline by which they may refile a motion for partial summary judgment on the 4 same claims, or on fewer claims, is extended until May 9, 2012. Any motion must comply with this 5 Court’s Standing Order and include a joint statement of undisputed facts. 6 7 8 Dated: March 28, 2012 THE HONORABLE MARIA ELENA JAMES UNITED STATES MAGISTRATE JUDGE 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ADMIN MOTION AND STIP FOR EXTENSION OF TIME TO FILE UMF No. C08-01163 MEJ 4 n:\lit\li2012\080047\00763861.doc

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