Means v. City and County of San Francisco, Department of Public Health

Filing 59

ORDER VACATING pretrial deadlines until further order of the Court. Signed by Judge Thelton E. Henderson on 10/08/10. (rbe, COURT STAFF) (Filed on 10/8/2010)

Means v. City and County of San Francisco, Department of Public Health

Doc. 59

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DENNIS J. HERRERA, State Bar #139669 City Attorney ELIZABETH SALVESON, State Bar #83788 Chief Labor Attorney RUTH M. BOND, State Bar #214582 Deputy City Attorney Fox Plaza 1390 Market Street, Fifth Floor San Francisco, California 94102-5408 Telephone: [phone] Facsimile: [phone] E-Mail: [e-mail] Attorneys for Defendant CITY AND COUNTY OF SAN FRANCISCO, ET AL.

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SHERRY LYNN MEANS, Plaintiff, vs. CITY AND COUNTY OF SAN FRANCISCO, DEPARTMENT OF PUBLIC HEALTH; and DOES 1 through 25, Defendants. Case No. CV 09-0941TEH DEFENDANT'S EX PARTE APPLICATION TO CONTINUE PRETRIAL DEADLINES DUE TO WITHDRAWAL OF PLAINTIFF'S COUNSEL AND [PROPOSED] ORDER Trial Date: November 2, 1010

Defendant City and County of San Francisco hereby submits this ex parte application to continue pretrial deadlines because Plaintiff's attorney Curtis G. Oler has informed defense counsel that he intends to file a motion to withdraw as Plaintiff's counsel in this matter. At Mr. Oler's request, defense counsel has agreed to stipulate to Mr. Oler's application for an order shortening time to hear his Motion to Withdraw. Mr. Oler informed defense counsel that he plans to file such a request by Friday, October 8, 2010. Trial in this matter is set for November 2, 2010. The Pretrial Conference is scheduled for October 18. While Defendant is prepared to proceed to trial as scheduled, the Court's Order for 1

DEF.'S EX PARTE APPLICATION TO CONT. PRETRIAL DEADLINES, CASE NO. 09-0941

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Dockets.Justia.com

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Pretrial Preparation requires the parties to meet and confer and reach agreement regarding several matters and to file a Joint Pretrial Conference Statement and proposed jury instructions by tomorrow (Friday) October 8, 2010. The Court's Order also requires counsel to meet and confer regarding Motions in Limine and to file any such motions by October 12, 2010 (21 calendar days before the scheduled trial date). This past Wednesday, October 6, the parties participated in a settlement conference with Magistrate Judge James Larson. At that conference, Judge Larson informed defense counsel that a dispute had arisen between Plaintiff and Mr. Oler and that Mr. Oler planned to withdraw as Plaintiff's counsel. On Thursday, October 7, Mr. Oler confirmed his intention to withdraw during a telephone conversation with defense counsel Ruth M. Bond. Because Plaintiff's counsel is in the process of withdrawing his representation, the parties are unable to comply with the Court's Order for Pretrial Preparation. Defendant respectfully requests that the pretrial deadlines be continued to dates after the Court has considered Plaintiff counsel's Motion to Withdraw. Dated: October 7, 2009 Respectfully submitted, DENNIS J. HERRERA City Attorney ELIZABETH SALVESON Chief Labor Attorney RUTH M. BOND Deputy City Attorney By___________/s/________________ RUTH M. BOND Attorneys for Defendants CITY AND COUNTY OF SAN FRANCISCO, ET AL.

DEF.'S EX PARTE APPLICATION TO CONT. PRETRIAL DEADLINES, CASE NO. 09-0941

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The Court has considered Defendant's Ex Parte Application to Continue Pretrial Deadlines and good cause having been shown, it is SO ORDERED that the new pretrial deadlines are as follows:
VACATED until further order of the Court.

Joint Pretrial Conference Statement: Motions In Limine: Pretrial Conference:

October ___, 2010 October ___, 2010 October ___, 2010

Dated: October ___, 2010 8

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DEF.'S EX PARTE APPLICATION TO CONT. PRETRIAL DEADLINES, CASE NO. 09-0941

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