Myers et al v. City and County of San Francisco et al
Filing
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ORDER by Magistrate Judge Maria-Elena James granting 152 Motion (rmm2, COURT STAFF) (Filed on 5/2/2012)
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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
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Attorneys for Defendants
CITY AND COUNTY OF SAN FRANCISCO, ET AL.
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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SHAWN MYERS and SARAH MYERS,
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Plaintiffs,
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vs.
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CITY AND COUNTY OF SAN
FRANCISCO, a municipal corporation; et al.
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Defendants.
Case No. C08-1163 MEJ
ADMINISTRATIVE MOTION AND
STIPULATION FOR ORDER FOR
SECOND EXTENSION OF TIME TO
FILE JOINT UNDISPUTED
STATEMENT OF FACT AND
DISPOSITIVE MOTION;
STIPULATION BY THE PARTIES;
AND [PROPOSED] ORDER
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[Local Rule 7-11]
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ADMIN MOTION AND STIP FOR EXTENSION OF
TIME TO FILE UMF; CASE NO. C08-01163 MEJ
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Pursuant to Local Rule 7-11, Defendants, based on stipulation, hereby move the Court for an
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order extending time to file their joint statement of undisputed fact, and any dispositive motions. As
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outlined below, the parties have been meeting and conferring pursuant to this Court's March 2, 2012
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Order, and have been diligently working toward a joint statement for use in defendants' motion for
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partial summary judgment and plaintiffs' opposition thereto.
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Due to an unforseen mediation/arbitration that lasted weeks, as opposed to days, and which
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occurred during a time when defense counsel planned on meeting and conferring with plaintiff, and
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finalizing an undisputed statement of material fact, counsel for defendants requires a short extension
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of time to complete the task.
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Dated: May 1, 2012
DENNIS J. HERRERA
City Attorney
JOANNE HOEPER
Chief Trial Deputy
SEAN F. CONNOLLY
Deputy City Attorneys
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By: s/Sean F. Connolly
SEAN F. CONNOLLY
Deputy City Attorney
Attorneys for Defendants CITY AND COUNTY OF
SAN FRANCISCO, et al.
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STIPULATION OF COUNSEL
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THE UNDERSIGNED COUNSEL HEREBY STIPULATE:
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1.
On March 2, 2012, the court issued an order denying defendants’ motion for summary
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judgment, without prejudice, and ordered defendants to include a joint statement of undisputed fact
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with any future motion, consistent with the Court's standing order. The Order also requested the
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parties meet and confer in that regard.
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2.
Between March 7, 2012, and March 16, 2012, the parties met and conferred in efforts
to narrow the issues of actual contention.
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From March 16, 2012, through March 28, 2012, the parties met and conferred, on
nearly a daily basis, in an attempt to reach agreement on a joint statement of undisputed fact.
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ADMIN MOTION AND STIP FOR EXTENSION OF
TIME TO FILE UMF; No. C08-01163 MEJ
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Presently, the parties are working on their third draft of an undisputed statement of fact, which
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includes approximately 170 separate facts, and supporting citations.
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4.
Because this lawsuit arises out of a particularly fact intensive transaction, the process
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of meeting and conferring to agree on a joint statement of undisputed fact and a joint statement of
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undisputed testimony is time intensive and laborsome.
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5.
While the parties have made progress toward a joint statement, they need more time to
accomplish this task.
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Due to the particularly busy litigation schedules of the parties, plaintiffs stipulated, and
defendants previously requested, and were granted, an extension until May 9, 2012, to refile a motion
for partial summary judgment on the same claims, or on fewer claims.
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In the time since March 28, 2012, to the present, the parties have met and conferred
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minimally. While counsel for defendants has been busy with the usual heavy workload of the City,
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he was involved in a labor arbitration/mediation that was expected to last only several days, but
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which finally lasted most, but not all, of the last three weeks. Due to the unexpected length of time
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and involvement of that hearing, defense counsel has not been able to resume his commitment to
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meeting and conferring with plaintiff to finish the joint statement of undisputed fact. Further, defense
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counsel is scheduled to be out of the office from May 2-4, 2012. Consequently, defendants request a
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short extension of time to refile a motion for partial summary judgment on the same claims, or on
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fewer claims.
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8.
Defendants have met and conferred with plaintiffs' counsel regarding the request for a
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an extension of time and they pose no objection and stipulate in the request for an extension until
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May 17, 2012.
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ADMIN MOTION AND STIP FOR EXTENSION OF
TIME TO FILE UMF; No. C08-01163 MEJ
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IT IS SO STIPULATED.
Dated: May 1, 2012
DENNIS J. HERRERA
City Attorney
JOANNE HOEPER
Chief Trial Deputy
SEAN F. CONNOLLY
WARREN METLITZKY
Deputy City Attorneys
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By:
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_/S/
SEAN F. CONNOLLY
Deputy City Attorney
Attorneys for Defendants CITY AND COUNTY OF
SAN FRANCISCO, et al.
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Dated: May 1, 2012
FREITAS, MCCARTY, MACMAHON AND KEATING, LLP
By:
/S/
CHRISTIAN KEMOS, ESQ.
Attorneys for Plaintiffs
SHAWN MYERS and SARAH MYERS
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ADMIN MOTION AND STIP FOR EXTENSION OF
TIME TO FILE UMF; No. C08-01163 MEJ
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PROPOSED ORDER
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BASED ON STIPULATION, AND FOR GOOD CAUSE SHOWN, IT IS SO ORDERED:
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Defendants’ deadline by which they may refile a motion for partial summary judgment on the
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same claims, or on fewer claims, is extended until May 17, 2012. Any motion must comply with this
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Court’s Standing Order and include a joint statement of undisputed facts.
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Dated:
May 2, 2012
THE HONORABLE MARIA ELENA JAMES
UNITED STATES MAGISTRATE JUDGE
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ADMIN MOTION AND STIP FOR EXTENSION OF
TIME TO FILE UMF; No. C08-01163 MEJ
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