Cohen v. Newsom et al

Filing 31

ORDER Further Case Management Conference set for 2/27/2009 02:30 PM. Motion Hearing set for 2/27/2009 09:00 AM.. Signed by Judge Illston on 10/9/08. (ts, COURT STAFF) (Filed on 10/10/2008) Modified on 10/14/2008 (ys, COURT STAFF).

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Case 3:08-cv-01443-SI Document 30 Filed 10/08/2008 Page 1 of 5 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 WARREN METLITZKY, State Bar # 220758 Deputy City Attorney Fox Plaza 1390 Market Street, 6th Floor San Francisco, California 94102-5408 Telephone: (415) 554-3916 Facsimile: (415) 554-3837 E-Mail: warren.metlitzky@sfgov.org Attorneys for Defendants GAVIN NEWSOM, HEATHER FONG AND CITY AND COUNTY OF SAN FRANCISCO UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA ANDREW COHEN, Plaintiff, vs. GAVIN NEWSOM, HEATHER FONG, CITY AND COUNTY OF SAN FRANCISCO, GO DADDY GROUP, INC. and DOES 1-100, Defendants. Case No. CV-08-1443 SI STIPULATION AND [PROPOSED] ORDER TO MODIFY PRETRIAL PREPARATION ORDER Trial Date: None set 1 Cohen v. Newsom, et al. USDC No. CV-08-1443 SI n:\lit\li2008\080918\00512074.doc Case 3:08-cv-01443-SI Document 30 Filed 10/08/2008 Page 2 of 5 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 The undersigned parties, through their attorneys of record, stipulate to the entry of an order modifying the Pretrial Preparation Order, filed July 25, 2008 ("Pretrial Preparation Order") as follows for the reasons stated below: RECITALS A. The parties have diligently litigated this case since its inception. They have served written discovery, and begun depositions, including the deposition of plaintiff Andrew Cohen. Because plaintiff's counsel has been in trial for the past few months, the parties have been unable to complete discovery tasks, including the critical deposition of the person most knowledgeable at GoDaddy, Inc., that they deem necessary for adequate preparation of this case for trial and to file a dispositve motion. Plaintiff's counsel expects to be unavailable until the middle of November, well after the October 31, 2008 deadline to file dispositive motions. Consequently, In light of these difficulties, counsel agree that the current discovery cutoff and dispositive motion dates are unworkable, and have stipulated and request the Court to allow additional time to file a motion for summary judgment that may dispose of this action. Additionally, because counsel for the City will be on paternity leave in late January and early February, the parties have stipulated to moving the hearing date on the motion until after the City counsel's paternity leave and to a date that will allow counsel sufficient time to file a reply memorandum in support of the City's motion. B. The parties wish to modify the Pretrial Preparation Order to allow them to complete necessary discovery, including meaningful expert designations. AGREEMENT For the foregoing reasons, the parties stipulate to entry of an order as follows: The following discovery-related and dispositive motion deadlines shall be modified as follows: Event 1. Dispositive motions filed 2. Dispositive motions heard 3. Further Case Management Conference Statement 2 Cohen v. Newsom, et al. USDC No. CV-08-1443 SI n:\lit\li2008\080918\00512074.doc Current deadline October 31, 2008 December 4, 2008 November 19, 2008 Proposed deadline December 22, 2008 February 27, 2009 February 13, 2009 Case 3:08-cv-01443-SI Document 30 Filed 10/08/2008 Page 3 of 5 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 4. Further Case Management Conference December 4, 2008 February 27, 2009 Dated: October 8, 2008 DENNIS J. HERRERA City Attorney JOANNE HOEPER Chief Trial Attorney WARREN METLITZKY Deputy City Attorney By: /s/ WARREN METLITZKY Attorneys for Defendants [The filer of this document attests that concurrence in the filing of this document has been obtained from plaintiff's attorney below, and shall serve in lieu of his signature.] Dated: October 8, 2008 LAW OFFICES OF DANIEL HOROWITZ By: /s/ DANIE HOROWITZ Attorney for Plaintiff 3 Cohen v. Newsom, et al. USDC No. CV-08-1443 SI n:\lit\li2008\080918\00512074.doc Case 3:08-cv-01443-SI Document 30 Filed 10/08/2008 Page 4 of 5 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 4 Cohen v. Newsom, et al. USDC No. CV-08-1443 SI n:\lit\li2008\080918\00512074.doc UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA ANDREW COHEN, Plaintiff, vs. GAVIN NEWSOM, HEATHER FONG, CITY AND COUNTY OF SAN FRANCISCO, GO DADDY GROUP, INC. and DOES 1-100, Defendants. Case No. CV-08-1443 SI [PROPOSED] ORDER MODIFYING PRETRIAL PREPARATION ORDER Case 3:08-cv-01443-SI Document 30 Filed 10/08/2008 Page 5 of 5 1 Based on the parties' stipulation, and for good cause shown, 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 5 Cohen v. Newsom, et al. USDC No. CV-08-1443 SI n:\lit\li2008\080918\00512074.doc IT IS ORDERED THAT: 1. The Pretrial Preparation Order filed July 25, 2008 shall be modified as follows: Event 1. Dispositive motions filed 2. Dispositive motions heard 3. Further Case Management Conference Statement 4. Further Case Management Conference 2. The remaining dates specified in the Pretrial Preparation Order Case Management December 4, 2008 February 27, 2009 Current deadline October 31, 2008 December 4, 2008 November 19, 2008 Proposed deadline December 22, 2008 February 27, 2009 February 13, 2009 shall remain unchanged. IT IS SO ORDERED. DATED:_________________________ HON. SUSAN ILLSTON United States District Judge

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