Jews for Jesus, Inc. et al v. City College of San Francisco et al

Filing 56

STIPULATION AND ORDER extending time to and including 6/7/2009 to file motion for attorneys' fees; Signed by Judge Marilyn Hall Patel on 4/28/2009. (awb, COURT STAFF) (Filed on 4/28/2009)

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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 James P. Eriksen, Esq. California Bar No. 149816 (Local Counsel) AM ER IC A N LIBERTIES INSTITUTE 10333 La Vine Street Alta Loma, California 91701 Telephone: (626) 483-8507 Facsimile: (877) 381-7090 Email: JEriksen@ali-usa.org (Admitted to Northern District) Frederick H. Nelson, Esq. Florida Bar No. 0990523 (Lead Trial Counsel) AM ER IC A N LIBERTIES INSTITUTE P.O. Box 547503 Orlando, FL 32854-7503 Telephone: (407) 786-7007 Facsimile: (407) 786-2978 Email: Rick@ali-usa.org (Admitted pro hac vice) Attorneys for Plaintiffs JEWS FOR JESUS, INC., and MR. ROBERT WERTHEIM UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION JEWS FOR JESUS, INC., a California non-profit corporation, MR. ROBERT WERTHEIM, as an individual and as an employee of JEWS FOR JESUS, INC., ) ) ) ) ) ) ) Plaintiffs, ) vs. ) ) CITY COLLEGE OF ) SAN FRANCISCO, and ) CHARLTON FOTCH, as an ) individual, ) ) Defendants. ) ______________________________) Case No: CV 08-03876 MHP STIPULATION FOR ENTRY OF ORDER EXTENDING TIME TO FILE PLAINTIFFS' MOTION FOR ATTORNEYS' FEES AND COSTS AND PLAINTIFFS' BILL OF COSTS Stipulation for Entry of Order Extending Time to File Plaintiffs' Motion for Attorneys' Fees and Costs and Plaintiffs' Bill of Costs - Page 1 Case No: CV 08-03876 MHP Jews for Jesus, et al. v. City College of San Francisco 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 COME NOW the parties, Plaintiffs, JEWS FOR JESUS, INC., and MR. ROBERT WERTHEIM (hereinafter "Plaintiffs"), and Defendants SAN FRANCISCO COMMUNITY COLLEGE DISTRICT a/k/a CITY COLLEGE OF SAN FRANCISCO, and CHARLTON FOTCH (hereinafter "Defendants"), by and through their undersigned counsel, pursuant to Local Rule 6-2, and file the parties' Stipulation for Entry of Order Extending Time to File Plaintiffs' Motion for Attorneys' Fees and Costs and Plaintiffs' Bill of Costs. The parties reached a verbal agreement to resolve Plaintiffs' attorneys' fees and costs and request a brief extension of time to complete the necessary documents. Pursuant to Local Rule 6-2, the parties respectfully request this Court to enter an Order granting this Stipulation and extend the deadline for Plaintiffs' Motion for Attorneys' Fees and Costs and Plaintiffs' Bill of Costs until Thursday, June 7, 2009. WHEREFORE, the parties respectfully request this Court to grant the parties' Stipulation for Entry of Order Extending Time to File Plaintiffs' Motion for Attorneys' Fees and Costs and Plaintiffs' Bill of Costs until June 7, 2009. Each party reserves all rights relative to any Motion for Attorneys' Fees and Costs that may be filed, if necessary. MEMORANDUM OF LAW Pursuant to Local Rule 54-1 and Local Rule 54-6, the deadline for Plaintiffs' Motion for Attorneys' Fees and Costs and Plaintiffs' Bill of Costs is fourteen (14) days from the entry of Judgment. Judgment was entered on Wednesday, April 15, 2009. The time to file Plaintiffs' Motion for Attorneys' Fees and Costs and Plaintiffs' Bill of Costs has not expired. The parties reached a verbal agreement to resolve Plaintiffs' attorneys' fees and costs and request a brief extension of time to complete the necessary documents. Pursuant to Local Rule 6-2, the parties respectfully request this Court to enter an Order granting this Stipulation and extend the deadline for Plaintiffs' Motion for Attorneys' Fees and Costs and Plaintiffs' Bill of Costs until Thursday, June 7, 2009. Stipulation for Entry of Order Extending Time to File Plaintiffs' Motion for Attorneys' Fees and Costs and Plaintiffs' Bill of Costs - Page 2 Case No: CV 08-03876 MHP Jews for Jesus, et al. v. City College of San Francisco 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 WHEREFORE, the parties respectfully request this Court to grant the parties' Stipulation for Entry of Order Extending Time to File Plaintiffs' Motion for Attorneys' Fees and Costs and Plaintiffs' Bill of Costs until June 7, 2009, and grant any other relief this Court believes is equitable and just. DATED: April 24, 2009 Respectfully submitted, Attorney for Plaintiffs: s/Frederick H. Nelson Frederick H. Nelson, Esq. Florida Bar No. 0990523 AM ER IC A N LIBERTIES INSTITUTE P.O. Box 547503 Orlando, FL 32854-7503 Telephone: (407) 786-7007 Facsimile: (407) 786-2978 Email: Rick@ali-usa.org (Admitted pro hac vice) Attorney for Defendants: s/Louis A. Leone Louis A. Leone, Esq. (CSB # 099874) Stubbs & Leone 2175 N. California Blvd., Suite 900 Walnut Creek, CA 94596 Telephone (925) 974-8600 Email: lleone@stubbsleone.com Stipulation for Entry of Order Extending Time to File Plaintiffs' Motion for Attorneys' Fees and Costs and Plaintiffs' Bill of Costs - Page 3 Case No: CV 08-03876 MHP Jews for Jesus, et al. v. City College of San Francisco 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 CERTIFICATE OF SERVICE I HEREBY CERTIFY that on this 24th day of April 2009, I electronically filed the foregoing document with the Clerk of Court by using the CM/ECF system. I further certify that I either mailed the foregoing document and the Notice of Electronic Filing by first class mail to any non CM/ECF participants and/or the foregoing document was served via transmission of Notice of Electronic Filing generated by CM/ECF to any and all active CM/ECF participants. Louis A. Leone, Esq. Kathleen Darmagnac, Esq. Stubbs & Leone 2175 N. California Blvd., Suite 900 Walnut Creek, CA 94596 Louis A. Leone, Esq. (CSB # 099874) Kathleen Darmagnac, Esq. (CSB # 150843) Attorneys for Defendants Respectfully submitted this 24th day of April 2009. James P. Eriksen, Esq. California Bar No. 149816 (Local Counsel) AM ER IC A N LIBERTIES INSTITUTE 10333 La Vine Street Alta Loma, California 91701 Telephone: (626) 483-8507 Facsimile: (877) 381-7090 Email: JEriksen@ali-usa.org (Admitted to Northern District) s/Frederick H. Nelson Frederick H. Nelson, Esq. Florida Bar No. 0990523 (Lead Trial Counsel) AM ER IC A N LIBERTIES INSTITUTE P.O. Box 547503 Orlando, FL 32854-7503 Telephone: (407) 786-7007 Facsimile: (407) 786-2978 Email: Rick@ali-usa.org (Admitted pro hac vice) Stipulation for Entry of Order Extending Time to File Plaintiffs' Motion for Attorneys' Fees and Costs and Plaintiffs' Bill of Costs - Page 4 Case No: CV 08-03876 MHP Jews for Jesus, et al. v. City College of San Francisco 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 James P. Eriksen, Esq. California Bar No. 149816 (Local Counsel) AM ER IC A N LIBERTIES INSTITUTE 10333 La Vine Street Alta Loma, California 91701 Telephone: (626) 483-8507 Facsimile: (877) 381-7090 Email: JEriksen@ali-usa.org (Admitted to Northern District) Frederick H. Nelson, Esq. Florida Bar No. 0990523 (Lead Trial Counsel) AM ER IC A N LIBERTIES INSTITUTE P.O. Box 547503 Orlando, FL 32854-7503 Telephone: (407) 786-7007 Facsimile: (407) 786-2978 Email: Rick@ali-usa.org (Admitted pro hac vice) Attorneys for Plaintiffs JEWS FOR JESUS, INC., and MR. ROBERT WERTHEIM UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION JEWS FOR JESUS, INC., a California non-profit corporation, MR. ROBERT WERTHEIM, as an individual and as an employee of JEWS FOR JESUS, INC., ) ) ) ) ) ) ) Plaintiffs, ) vs. ) ) CITY COLLEGE OF ) SAN FRANCISCO, and ) CHARLTON FOTCH, as an ) individual, ) ) Defendants. ) ______________________________) Case No: CV 08-03876 MHP PLAINTIFFS' DECLARATION OF FREDERICK H. NELSON SUPPORTING STIPULATION FOR ENTRY OF ORDER EXTENDING TIME TO FILE PLAINTIFFS' MOTION FOR ATTORNEYS' FEES AND COSTS AND PLAINTIFFS' BILL OF COSTS Plaintiffs' Declaration of Frederick H. Nelson Supporting Stipulation for Entry of Order Extending Time to File Plaintiffs' Motion for Attorneys' Fees and Costs and Plaintiffs' Bill of Costs - Page 1 Case No: CV 08-03876 MHP Jews for Jesus, et al. v. City College of San Francisco 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 FREDERICK H. NELSON declares: 1. I am an attorney representing Plaintiffs in this action. The matters stated in this Declaration are personally known to me. If called upon to testify under oath, I could and would competently testify to the following facts. 2. Pursuant to Local Rule 6-2(a), Plaintiffs' counsel states: a. The parties reached a verbal agreement to resolve Plaintiffs' attorneys' fees and costs and request a brief extension of time to complete the necessary documents. b. No previous extensions of time have been requested or granted for Plaintiffs' Motion for Attorneys' Fees and Costs and Plaintiffs' Bill of Costs. c. 3. The requested extension of time will have no effect upon any Court scheduling. On Friday, April 24, 2009, I submitted the parties' Stipulation for Entry of Order Extending Time to File Plaintiffs' Motion for Attorneys' Fees and Costs and Plaintiffs' Bill of Costs to Defendants' counsel. Defendants' counsel respond with approval to submit the Stipulation for Entry of Order Extending Time to File Plaintiffs' Motion for Attorneys' Fees and Costs and Plaintiffs' Bill of Costs. I declare under penalty of perjury under the laws of the State of California and Florida and of the United States that the foregoing is true and correct, and that this Declaration is executed this 24th day of April, 2009, at Clermont, Florida. DATED: April 24, 2009 Respectfully submitted, AM ER IC A N LIBERTIES INSTITUTE s/Frederick H. Nelson Frederick H. Nelson, Esq. (Lead Trial Counsel) Florida Bar No. 0990523 (Admitted pro hac vice) P.O. Box 547503 Orlando, FL 32854-7503 Plaintiffs' Declaration of Frederick H. Nelson Supporting Stipulation for Entry of Order Extending Time to File Plaintiffs' Motion for Attorneys' Fees and Costs and Plaintiffs' Bill of Costs - Page 2 Case No: CV 08-03876 MHP Jews for Jesus, et al. v. City College of San Francisco 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 CERTIFICATE OF SERVICE I HEREBY CERTIFY that on this 24th day of April 2009, I electronically filed the foregoing document with the Clerk of Court by using the CM/ECF system. I further certify that I either mailed the foregoing document and the Notice of Electronic Filing by first class mail to any non CM/ECF participants and/or the foregoing document was served via transmission of Notice of Electronic Filing generated by CM/ECF to any and all active CM/ECF participants. Louis A. Leone, Esq. Kathleen Darmagnac, Esq. Stubbs & Leone 2175 N. California Blvd., Suite 900 Walnut Creek, CA 94596 Louis A. Leone, Esq. (CSB # 099874) Kathleen Darmagnac, Esq. (CSB # 150843) Attorneys for Defendants Respectfully submitted this 24th day of April 2009. James P. Eriksen, Esq. California Bar No. 149816 (Local Counsel) AM ER IC A N LIBERTIES INSTITUTE 10333 La Vine Street Alta Loma, California 91701 Telephone: (626) 483-8507 Facsimile: (877) 381-7090 Email: JEriksen@ali-usa.org (Admitted to Northern District) s/Frederick H. Nelson Frederick H. Nelson, Esq. Florida Bar No. 0990523 (Lead Trial Counsel) AM ER IC A N LIBERTIES INSTITUTE P.O. Box 547503 Orlando, FL 32854-7503 Telephone: (407) 786-7007 Facsimile: (407) 786-2978 Email: Rick@ali-usa.org (Admitted pro hac vice) Plaintiffs' Declaration of Frederick H. Nelson Supporting Stipulation for Entry of Order Extending Time to File Plaintiffs' Motion for Attorneys' Fees and Costs and Plaintiffs' Bill of Costs - Page 3 Case No: CV 08-03876 MHP Jews for Jesus, et al. v. City College of San Francisco 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 James P. Eriksen, Esq. California Bar No. 149816 (Local Counsel) AM ER IC A N LIBERTIES INSTITUTE 10333 La Vine Street Alta Loma, California 91701 Telephone: (626) 483-8507 Facsimile: (877) 381-7090 Email: JEriksen@ali-usa.org (Admitted to Northern District) Frederick H. Nelson, Esq. Florida Bar No. 0990523 (Lead Trial Counsel) AM ER IC A N LIBERTIES INSTITUTE P.O. Box 547503 Orlando, FL 32854-7503 Telephone: (407) 786-7007 Facsimile: (407) 786-2978 Email: Rick@ali-usa.org (Admitted pro hac vice) Attorneys for Plaintiffs JEWS FOR JESUS, INC., and MR. ROBERT WERTHEIM UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION JEWS FOR JESUS, INC., a California non-profit corporation, MR. ROBERT WERTHEIM, as an individual and as an employee of JEWS FOR JESUS, INC., ) ) ) ) ) ) ) Plaintiffs, ) vs. ) ) CITY COLLEGE OF ) SAN FRANCISCO, and ) CHARLTON FOTCH, as an ) individual, ) ) Defendants. ) ______________________________) Case No: CV 08-03876 MHP [PROPOSED] ORDER GRANTING STIPULATION FOR ENTRY OF ORDER EXTENDING TIME TO FILE PLAINTIFFS' MOTION FOR ATTORNEYS' FEES AND COSTS AND PLAINTIFFS' BILL OF COSTS [Proposed] Order Granting Stipulation for Entry of Order Extending Time to File Plaintiffs' Motion for Attorneys' Fees and Costs and Plaintiffs' Bill of Costs - Page 1 Case No: CV 08-03876 MHP Jews for Jesus, et al. v. City College of San Francisco 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 IT IS SO ORDERED. 1. 2. MEMORANDUM AND ORDER The Court, having read and considered the parties' Stipulation for Entry of Order Extending Time to File Plaintiffs' Motion for Attorneys' Fees and Costs and Plaintiffs' Bill of Costs, finds that good cause exists to grant the Stipulation, and thereby orders as follows: PURSUANT TO STIPULATION, IT IS SO ORDERED. The deadline for Plaintiffs' Motion for Attorneys' Fees and Costs and Plaintiffs' Bill of Costs is extended until Thursday, June 7, 2009. JUDGE MARILYN H. PATEL arily Judge M n H. Pa tel ER N F D IS T IC T O R [Proposed] Order Granting Stipulation for Entry of Order Extending Time to File Plaintiffs' Motion for Attorneys' Fees and Costs and Plaintiffs' Bill of Costs - Page 2 Case No: CV 08-03876 MHP Jews for Jesus, et al. v. City College of San Francisco A C LI FO R NIA ED ORDER S_SO __________________ _____________ ___ IT I NO UNIT ED aPRIL 28 Date: _______________, 2009 S S DISTRICT TE C TA RT U O RT H

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