Abudiab v. City and County of San Francisco et al

Filing 177

ORDER GRANTING AS MODIFIED 176 Stipulation CONTINUING DEFENDANT PARRA'S DEADLINE TO MOVE FOR SUMMARY JUDGMENT: Jury Trial set for 7/9/2012 08:00 AM in Courtroom 11, 19th Floor, San Francisco before Hon. Jeffrey S. White. Motion Hearing set fo r 4/6/2012 09:00 AM in Courtroom 11, 19th Floor, San Francisco before Hon. Jeffrey S. White. Pretrial Conference set for 6/18/2012 02:00 PM in Courtroom 11, 19th Floor, San Francisco before Hon. Jeffrey S. White.. Signed by Judge JEFFREY S. WHITE on 12/19/11. (jjoS, COURT STAFF) (Filed on 12/19/2011)

Case3:09-cv-01778-JSW Document176

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DENNIS J. HERRERA, State Bar #139669
City Attorney
JOANNE HOEPER, State Bar #114961
Chief Trial Attorney
BLAKE P. LOEBS, State Bar #145790
Deputy City Attorney
MARC R. LEWIS, State Bar #233306
Deputy City Attorney
1390 Market Street, 6th Floor
San Francisco, California 94102-5408
Telephone:
[phone]
Facsimile:
[phone]
Email address:
[e-mail]

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Filed12/15/11 Page1 of 3

Attorneys for Defendants

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA
AMJAD ABUDIAB,
Plaintiff,
vs.
CITY AND COUNTY OF SAN
FRANCISCO; ELIAS GEORGOPOULOS;
and DOES 1-20, inclusive,

Case No. C09-01778 JSW
STIPULATION AND [PROPOSED] ORDER
CONTINUING DEFENDANT PARRA'S
DEADLINE TO MOVE FOR SUMMARY
JUDGMENT
Hearing Date:

None Set

Defendants.

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On December 8, 2011, this Court issued its order granting in part and denying in part the

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parties' motions for reconsideration of the Court's order on Defendants’ motion for summary

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judgment. (Dkt. No. 174.) Based on this order, on December 13, 2011, Defendants filed a notice of

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appeal. (Dkt. No. 175.)

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Plaintiff contends that the notice of appeal is untimely and may file a motion to certify

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Defendants' appeal as frivolous. Defendants will oppose; Defendants will argue that their appeal is

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timely and meritorious and should stay all of the proceedings in this Court, including any motion for

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summary judgment. However, Defendant Parra's deadline to file a summary judgment motion is

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January 6, 2012. (Dkt. No. 173.)

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Stip & [Proposed] Order Re Parra's Deadline To Move
For Summary Judgment; C09-01778 JSW

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Case3:09-cv-01778-JSW Document176

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Furthermore, counsel for both parties (including Messrs. May, Loebs, and Lewis) will be trying

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a case in state court starting on January 3, 2012, which is expected to last between two and three

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weeks.

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Finally, the deposition of Captain Parra, currently scheduled for December 20, 2011, will need

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to be re-scheduled due to the fact that counsel in this case are required to attend a Mandatory

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Settlement Conference in another case, and that is the only date that the Court is available to conduct

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the conference. Due to the trial mentioned above, the deposition will likely need to be re-scheduled for

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late January.

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To allow the Court sufficient time to rule on Plaintiff's anticipated motion, and to

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accommodate counsel's trial and pre-trial schedules in another matter, the parties propose a change in

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the date of Defendant Parra's last day to file a summary judgment motion. The parties propose that

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Defendant Parra's last day to file a summary judgment motion be February 27, 2012. This would

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allow for a hearing on or around April 2, 2012, which is more than two months before trial.

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IT IS HEREBY STIPULATED BY THE PARTIES:
Dated: December 15, 2011

DENNIS J. HERRERA
City Attorney
JOANNE HOEPER
Chief Trial Deputy
MARC R. LEWIS
Deputy City Attorney

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By:

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/s/ Marc R. Lewis
MARC R. LEWIS
Attorneys for Defendants
CITY AND COUNTY OF SAN FRANCISCO, et al.

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Dated: December 15, 2011

LAW OFFICES OF JOSEPH S. MAY

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By:

/s/ Joseph S. May*
Joseph S. May, Esq.
Attorneys for Plaintiff
AMJAD ABUDIAB

*Pursuant to General Order 45, the electronic signatory of this documents attests that this individual
concurs in his electronic signature of this document. The actual signature page is on file.
Stip & [Proposed] Order Re Parra's Deadline To Move
For Summary Judgment; C09-01778 JSW

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[PROPOSED] ORDER

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IT IS HEREBY ORDERED that Defendant Parra's last day to file a summary judgment motion
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is moved to February 27, 2012.
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IT IS HEREBY FURTHER ORDERED that the last day for the Court to hear a motion for
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summary judgment by Captain Parra is moved to April 2, 2012. The Court FURTHER ORDERS that the
pretrial conference and trial are CONTINUED to June 18 and July 9, 2012, respectively.

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Dated:

December 19, 2011
HONORABLE JEFFREY S. WHITE
UNITED STATES DISTRICT COURT JUDGE

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Stip & [Proposed] Order Re Parra's Deadline To Move
For Summary Judgment; C09-01778 JSW

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