Western Regional Advocacy Project et al v. Newsom et al

Filing 43

ORDER APPROVING STIPULATION AND REQUEST FOR LEAVE TO FILE FIRST AMENDED COMPLAINT AND TO RESCHEDULE CASE MANAGEMENT CONFERENCE. The Case Management Conference is continued to March 20, 2009. Signed by Judge Maxine M. Chesney on January 8, 2009. (mmclc2, COURT STAFF) (Filed on 1/8/2009)

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SIDNEY WOLINSKY (CA Bar No. 33716) RONALD ELSBERRY (CA Bar No. 13088 DISABILITY RIGHTS ADVOCATES 2001 Center Street, Fourth Floor Berkeley, California 94704-1204 Telephone: [phone] Facsimile: [phone] TTY: [phone] Email: [e-mail] DANIEL MASON (CA Bar No. 54065) JOSÉ UMBERT (CA Bar No. 227318) ZELLE HOFMANN VOELBEL MASON & GETTE LLP 44 Montgomery Street, Suite 3400 San Francisco, California 94014 Telephone: [phone] Facsimile: [phone] Attorneys for Plaintiffs

DENNIS J. HERRERA, (CA Bar No. 139669) City Attorney DANNY CHOU, (CA Bar No. 180240) Chief of Complex and Special Litigation JAMES M. EMERY, (CA Bar No. 153630 CHRISTINE VAN AKEN, (CA Bar No. 241755) Deputy City Attorneys Fox Plaza 1390 Market Street, Seventh Floor San Francisco, California 94102-5408 Telephone: [phone] Facsimile: [phone] Email: [e-mail] Attorneys for Defendants

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA WESTERN REGIONAL ADVOCACY PROJECT, a nonprofit organization, and CALVIN DAVIS, on behalf of himself and all other individuals similarly situated, and ANTHONEY COLEMAN, on behalf of himself and all other individuals similarly situated. Plaintiffs, v. MAYOR GAVIN NEWSOM, in his official capacity, BOARD OF SUPERVISORS OF SAN FRANCISCO COUNTY, in their official capacity, Defendants. Case No. CV 08-4087 STIPULATION AND REQUEST FOR LEAVE TO FILE FIRST AMENDED COMPLAINT AND TO RESCHEDULE CASE MANAGEMENT CONFERENCE; [PROPOSED] ORDER Date: Time: Judge.: Hon. Maxine M. Chesney

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Whereas, the Court denied Defendants' Motion to Dismiss the complaint for failure to state a claim on December 19, 2008, Whereas, Defendants filed their Answer to the Complaint on January 6, 2009, Whereas, the parties believe that it will be most efficient for the Court and the parties for Plaintiffs to clarify their allegations through an Amended Complaint and that it will save unnecessary expenditure of time and resources to postpone the Case Management Conference until after such complaint is filed, The undersigned parties, by and through their counsel of record, hereby stipulate to the following and request that the Court order as follows:

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That Plaintiffs be given leave to file a First Amended Complaint within 10 court

days of entry of this Order; 2. That the Case Management Conference, presently scheduled for January 23, 2009

will be continued to March 20, 2009, and the Joint Case Management Conference Statement will be submitted to the Court on March 13, 2009. 3. That Defendants have 30 days to respond to Plaintiffs' First Amended Complaint.

IT IS SO STIPULATED. DATED: January 07, 2009 SAN FRANCISCO CITY ATTORNEY

/s/Christine Van Aken (with permission) ---------------------------------------____________________________________ Christine Van Aken Attorney for Defendants DATED: January 07, 2009 DISABILITY RIGHTS ADVOCATES /s/Sid Wolinsky ----------------------------------------Sid Wolinsky Attorney for Plaintiffs

WRAP, et al. v. Mayor Newsom, et al. Case No.: CV 08-4087 STIPULATION AND REQUEST FOR LEAVE TO FILE FIRST AMENDED COMPLAINT AND TO RESCHEDULE CASE MANAGEMENT CONFERENCE; [PROPOSED] ORDER

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WRAP, et al. v. Mayor Newsom, et al. Case No.: CV 08-4087 STIPULATION AND REQUEST FOR LEAVE TO FILE FIRST AMENDED COMPLAINT AND TO RESCHEDULE CASE MANAGEMENT CONFERENCE; [PROPOSED] ORDER

(Proposed) ORDER IT IS SO ORDERED. continued to 10:30 a.m. Case Management Conference is set for March 20, 2009 at 9:00 A.M. Case Management Conference Statement shall be filed on March 13, 2009.

Dated: January 8, 2009

HONORABLE MAXINE M. CHESNEY U.S. DISTRICT COURT JUDGE

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