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

Filing 153

ORDER by Magistrate Judge Maria-Elena James granting 152 Motion (rmm2, COURT STAFF) (Filed on 5/2/2012)

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:
[phone]
Facsimile:
[phone]
E-Mail:
[e-mail]

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
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

17
[Local Rule 7-11]
18
19
20
21
22
23
24
25
26
27
28
ADMIN MOTION AND STIP FOR EXTENSION OF
TIME TO FILE UMF; CASE NO. C08-01163 MEJ

n:\lit\li2012\080047\00771064.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

Due to an unforseen mediation/arbitration that lasted weeks, as opposed to days, and which

7

occurred during a time when defense counsel planned on meeting and conferring with plaintiff, and

8

finalizing an undisputed statement of material fact, counsel for defendants requires a short extension

9

of time to complete the task.

10

Dated: May 1, 2012

DENNIS J. HERRERA
City Attorney
JOANNE HOEPER
Chief Trial Deputy
SEAN F. CONNOLLY
Deputy City Attorneys

11
12
13

By: s/Sean F. Connolly
SEAN F. CONNOLLY
Deputy City Attorney
Attorneys for Defendants CITY AND COUNTY OF
SAN FRANCISCO, et al.

14
15
16
17
18

STIPULATION OF COUNSEL

19

THE UNDERSIGNED COUNSEL HEREBY STIPULATE:

20

1.

On March 2, 2012, the court issued an order denying defendants’ motion for summary

21

judgment, without prejudice, and ordered defendants to include a joint statement of undisputed fact

22

with any future motion, consistent with the Court's standing order. The Order also requested the

23

parties meet and confer in that regard.

24
25
26
27

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 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.

28
ADMIN MOTION AND STIP FOR EXTENSION OF
TIME TO FILE UMF; No. C08-01163 MEJ

2

n:\lit\li2012\080047\00771064.doc

1

Presently, the parties are working on their third draft of an undisputed statement of fact, which

2

includes approximately 170 separate facts, and supporting citations.

3

4.

Because this lawsuit arises out of a particularly fact intensive transaction, the process

4

of meeting and conferring to agree on a joint statement of undisputed fact and a joint statement of

5

undisputed testimony is time intensive and laborsome.

6
7
8
9
10
11

5.

While the parties have made progress toward a joint statement, they need more time to

accomplish this task.
6.

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.
7.

In the time since March 28, 2012, to the present, the parties have met and conferred

12

minimally. While counsel for defendants has been busy with the usual heavy workload of the City,

13

he was involved in a labor arbitration/mediation that was expected to last only several days, but

14

which finally lasted most, but not all, of the last three weeks. Due to the unexpected length of time

15

and involvement of that hearing, defense counsel has not been able to resume his commitment to

16

meeting and conferring with plaintiff to finish the joint statement of undisputed fact. Further, defense

17

counsel is scheduled to be out of the office from May 2-4, 2012. Consequently, defendants request a

18

short extension of time to refile a motion for partial summary judgment on the same claims, or on

19

fewer claims.

20

8.

Defendants have met and conferred with plaintiffs' counsel regarding the request for a

21

an extension of time and they pose no objection and stipulate in the request for an extension until

22

May 17, 2012.

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\00771064.doc

1
2

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

3
4
5
By:

6
7
8

_/S/
SEAN F. CONNOLLY
Deputy City Attorney
Attorneys for Defendants CITY AND COUNTY OF
SAN FRANCISCO, et al.

9
10
11
12
13

Dated: May 1, 2012

FREITAS, MCCARTY, MACMAHON AND KEATING, LLP
By:

/S/
CHRISTIAN KEMOS, ESQ.
Attorneys for Plaintiffs
SHAWN MYERS and SARAH MYERS

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\00771064.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 17, 2012. Any motion must comply with this

5

Court’s Standing Order and include a joint statement of undisputed facts.

6
7
8

Dated:

May 2, 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

5

n:\lit\li2012\080047\00771064.doc