Sheehan v. City and County of San Francisco et al

Filing 117

ORDER, granting: 116 STIPULATION WITH PROPOSED ORDER re 114 Clerk's Notice, STIPULATION AND [PROPOSED] ORDER CONTINUING AUGUST 2, 2016 PRETRIAL CONFERENCE filed by Katherine Holder, et al. Pretrial Conference reset for 8/4/2016 02:00 PM in Courtroom 6, 17th Floor, San Francisco before Hon. Charles R. Breyer. Signed by Judge Charles R. Breyer on 7/8/2016. (beS, COURT STAFF) (Filed on 7/11/2016)

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DENNIS J. HERRERA, State Bar #139669
City Attorney
CHERYL ADAMS, State Bar #164194
Chief Trial Deputy
PETER J. KEITH, State Bar #206482
NEWTON OLDFATHER, State Bar #281227
Deputy City Attorneys
1390 Market Street, 6th Floor
San Francisco, California 94102-5408
Telephone:
[phone] [Keith]
Telephone:
[phone] [Oldfather]
Facsimile:
[phone]
E-Mail:
[e-mail]
E-Mail:
[e-mail]
Attorneys for Defendants
CITY AND COUNTY OF SAN FRANCISCO,
HEATHER FONG, KIMBERLY REYNOLDS,
and KATHRINE HOLDER

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA
TERESA SHEEHAN,

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Case No. C09-03889 CRB
Plaintiff,

STIPULATION AND ORDER CONTINUING
AUGUST 2, 2016 PRETRIAL CONFERENCE

vs.
Trial Date:

August 22, 2016

CITY AND COUNTY OF SAN
FRANCISCO, a municipal corporation;
HEATHER FONG, in her capacity as Chief of
Police for the CITY AND COUNTY OF SAN
FRANCISCO; KIMBERLY REYNOLDS,
individually, and in her capacity as a police
officer for the CITY AND COUNTY OF SAN
FRANCISCO; KATHERINE HOLDER,
individually and in her capacity as a police
officer for the CITY AND COUNTY OF SAN
FRANCISCO; and, San Francisco police
officers DOES 1-25, inclusive,
Defendants..

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Stip to Continue 8/2/16 PTC Date
CASE NO. C09-03889 CRB

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STIPULATED REQUEST TO CONTINUE PRETRIAL CONFERENCE

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The parties respectfully request that the Court reschedule the final pretrial conference in this
matter from Tuesday August 2 at 2 p.m., to Thursday August 4, at a time convenient to the Court.
STIPULATED:
Dated: July 7, 2016
DENNIS J. HERRERA
City Attorney
CHERYL ADAMS
Chief Trial Deputy
PETER J. KEITH
NEWTON OLDFATHER
Deputy City Attorneys

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By: /s/ Peter J. Keith
PETER J. KEITH

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Attorneys for Defendants
CITY AND COUNTY OF SAN FRANCISCO,
HEATHER FONG, KIMBERLY REYNOLDS, and
KATHRINE HOLDER

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Dated: July 7, 2016
LAW OFFICES OF JOHN BURRIS

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By: /s/ Benjamin Nisenbaum
BENJAMIN NISENBAUM, ESQ.

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Attorneys for Defendants
CITY AND COUNTY OF SAN FRANCISCO,
HEATHER FONG, KIMBERLY REYNOLDS, and
KATHRINE HOLDER
DECLARATION OF GOOD CAUSE

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I, Peter J. Keith declare as follows:
1.

I am a Deputy City Attorney in the Office of the San Francisco City Attorney, counsel

of record to Defendants. I am lead trial counsel for Defendants and the only attorney in this office
familiar with all of the legal and factual issues that have arisen in the eight-year history of this case.
2.

Yesterday, on the Court’s own motion, the Court reset the pretrial conference in this

matter from Monday August 8, 2016 to Tuesday August 2, 2016, at 2 p.m. Dkt. No. 114. Under the
Court’s pretrial order, pretrial submissions are due one week before the pretrial conference.
Stip to Continue 8/2/16 PTC Date
CASE NO. C09-03889 CRB

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Accordingly, the parties’ pretrial submissions are no longer due on Monday August 1; pretrial

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submissions are now due on Tuesday July 26.

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Statement of good cause. I have a pre-paid family vacation scheduled for July 16-24,

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2016. My children are school age and this is the only family vacation that we are able to take this

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summer. If joint pretrial submissions must be filed by Tuesday July 26, then I will likely have to

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cancel this family vacation in order to have enough time to meet and confer and finalize the parties’

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pretrial submissions. However, if the parties have until Thursday July 28 to make pre-trial

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submissions, then that will allow the parties sufficient time to complete pre-trial submissions, without

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my needing to cancel this family vacation.

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4.

If it is necessary to finalize the jury questionnaire on August 2, I can appear both on

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August 2, and then again on August 4 (or on the original date of August 8), for the remainder of the

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pretrial conference.

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5.

The requested continuance is not expected to affect any other deadline related to the

case, including the jury selection date of August 15 and the trial date of August 22.
I declare under penalty of perjury under the laws of the United States that the foregoing is true
and correct. Executed July 7, 2016 at San Francisco, California.
/s/ Peter J. Keith
PETER J. KEITH

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ORDER
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PURSUANT TO STIPULATION, the pretrial conference set for August 2, 2016, at 2 p.m.
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[Dkt. No. 114] is continued to August 4, 2016, at 2:00 p.m..
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IT IS SO ORDERED.
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Dated: July 8, 2016

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___________________________________________
THE HONORABLE CHARLES R. BREYER
UNITED STATES SENIOR DISTRICT JUDGE

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Stip to Continue 8/2/16 PTC Date
CASE NO. C09-03889 CRB

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