Cotterill v. City and County of San Francisco et al

Filing 218

ORDER GRANTING 217 Defendants Leave to File 14-page Reply to Plaintiff's Opposition to Defendant's Motion for Summary Judgment. Signed by Judge Jeffrey S. White on 10/13/09. (jjo, COURT STAFF) (Filed on 10/14/2009)

Case3:08-cv-02295-JSW Document217

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DENNIS J. HERRERA, State Bar #139669 City Attorney JOANNE HOEPER, State Bar #114961 Chief Trial Deputy SCOTT D. WIENER, State Bar #189266 Deputy City Attorney JAMES F. HANNAWALT, State Bar #139657 Deputy City Attorney 1390 Market Street, 7th Floor San Francisco, California 94102-5408 Telephone: [phone] Facsimile: [phone] Attorneys for Defendants CITY AND COUNTY OF SAN FRANCISCO, HEATHER FONG, MATTHEW MASON, HUGH HALL, GREGORY HICKS, LEON LOEW, JOHN CRUDO, PAUL DAVIES, JEFF ADACHI, AND ROBERT BUNKER UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA CHERYL COTTERILL, Plaintiff, vs. CITY AND COUNTY OF SAN FRANCISCO, ET AL. Defendants. Case No. CV-08-02295 JSW ERRATA TO DEFENDANTS' ADMINISTRATIVE MOTION FOR LEAVE OF COURT TO FILE 14-PAGE REPLY TO PLAINTIFF'S OPPOSITION TO DEFENDANTS' MOTION FOR SUMMARY JUDGMENT AND ORDER THEREON Date : Time : Place : October 23, 2009 9:00 a.m. Courtroom 11, 19th Floor Hon. Jeffrey S. White

Trial Date : December 7, 2009

Defendants hereby request leave of court to file a Reply to Plaintiff's Opposition to Defendants' Motion For Summary Judgment in excess of court's the ten-page limit. Defendants' request leave to file a fourteen-page Reply. The defendants' request an additional four pages of text because Plaintiff filed a thirty-nine page Opposition containing numerous assertions of fact that are either unsupported by any citation to evidence and/or that misstate the record of the evidence. Addressing many of Plaintiff's assertions is necessary to show why there is no dispute of material fact
ERRATA to Admin Motion for Leave of Court Cotterill v. CCSF, et al. ­ USDC No. CV-08-02295 JSW
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Case3:08-cv-02295-JSW Document217

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that raises a triable issue in this case. Further, plaintiff's Third Amended Complaint alleged twentyone causes of action, in addition to styling two remedies as causes of action, and arguments related to most these issues are addressed by Defendants' Reply. For the foregoing reasons, Defendants' respectfully request that the court order that Defendants' be permitted to file a fourteen page Reply. Dated: October 13, 2009 DENNIS J. HERRERA City Attorney JOANNE HOEPER Chief Trial Deputy SCOTT D. WIENER Deputy City Attorney JAMES F. HANNAWALT Deputy City Attorney By: ______/s/___________________ JAMES F. HANNAWALT Attorneys for Defendants CITY AND COUNTY OF SAN FRANCISCO HEATHER FONG, MATHEW MASON, HUGH HALL, GREGORY HICKS, LEON LOEW, JOHN CRUDO, PAUL DAVIES, JEFF ADACHI, and ROBERT BUNKER Declaration of James F. Hannawalt I, James Hannawalt, declare as follows: 1. I am a Deputy City Attorney in the Office of the San Francisco City Attorney. I have personal

knowledge of the contents of this declaration, and I could and would testify competently thereto if called upon to do so. 2. 3. The facts stated in the foregoing motion are accurate. I attempted to obtain a stipulation from plaintiff's counsel for a Reply of up to fifteen pages.

As of this writing, I have received no response from plaintiff's counsel. I declare under penalty of perjury under the laws of the United States that the foregoing is true and correct and that this declaration was executed onOctober 13, 2009, at San Francisco, California. ______/s/___________________ James F. Hannawalt
ERRATA to Admin Motion for Leave of Court Cotterill v. CCSF, et al. ­ USDC No. CV-08-02295 JSW
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Case3:08-cv-02295-JSW Document217

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ERRATA to Admin Motion for Leave of Court Cotterill v. CCSF, et al. ­ USDC No. CV-08-02295 JSW
n:\lit\li2008\081193\00587439.doc

ORDER

Defendants are granted leave to file a fourteen-page Reply to Plaintiff's Opposition to Defendants' Motion for Summary Judgment. It is so Ordered.

Dated: October 14, 2009 ___________________________________________ JEFFREY S. WHITE UNITED STATES DISTRICT COURT JUDGE