Riley v. City and County fo San Francisco

Filing 10

ORDER CONTINUING CMC 11/5/10, RESERVING 10/1/10 FOR MOTION (tf, COURT STAFF) (Filed on 6/24/2010)

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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 DENNIS J. HERRERA, State Bar #139669 City Attorney WAYNE SNODGRASS, State Bar #148137 VINCE CHHABRIA, State Bar #208557 Deputy City Attorneys City Hall, Room 234 #1 Dr. Carlton B. Goodlett Place San Francisco, California 94102-4682 Telephone: (415) 554-4674 Facsimile: (415) 554-4699 E-Mail: vince.chhabria@sfgov.org Attorneys for Defendant CITY AND COUNTY OF SAN FRANCISCO DEBORAH CAROL ENGLAND, State Bar #122424 Law Offices of Deborah C. England 351 California St Ste 700 San Francisco, CA 94104 Telephone: (415) 434-9800 Facsimile: (415) 434-9230 E-Mail: dcengland@earthlink.net Attorneys for Plaintiff JOHN J. RILEY UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA JOHN J. RILEY, on behalf of himself and others similarly situated, and on behalf of the general public, Plaintiff, vs. CITY AND COUNTY OF SAN FRANCISCO, DOES 1-20, inclusive, Defendant. Trial Date: Case No. CV-10-1300 SI STIPULATED APPLICATION TO CONTINUE THE INITIAL CASE MANAGEMENT CONFERENCE; [PROPOSED] ORDER Date: Time: Before: July 9, 2010 2:30 p.m. Judge Susan Illston 450 Golden Gate Avenue Crtm 10, 19th Floor San Francisco None Set STIPULATION AND [PROPOSED] ORDER TO CONTINUE CMC; Case No. C10-1300 SI 1 c:\documents and settings\pcheeseb\desktop\for importing\stip.doc 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 STIPULATED APPLICATION The initial case management conference in the above-captioned putative class action is set for July 9, 2010 at 2:30 p.m. After having met and conferred, the parties have determined that the case presents a threshold question of law, namely, whether San Francisco's ordinances governing the towing of vehicles parked on the streets for longer than 72 hours, and the manner in which San Francisco has enforced those ordinances, violates the Due Process Clause of the United States Constitution. The parties agree that this question, which presents no material factual dispute, would be best resolved at the outset of the case, prior to the conduct of discovery or class certification proceedings. Proceeding in this manner will both serve the interest of judicial economy and potentially avoid substantial and unnecessary expenses for the litigants. Accordingly, after having identified dates that accommodate the trial schedules of both sides, the parties hereby submit this stipulated application to continue the initial case management conference to November 5, 2010, with all deadlines associated with the initial case management conference similarly continued, so that the parties may file cross motions for summary judgment, to be heard on Friday, October 1, 2010 or at a subsequent date convenient to the Court. Assuming a hearing for cross-motions for summary judgment is scheduled on October 1, the parties propose the following briefing schedule: Plaintiff's motion for summary judgment to be filed August 25, 2010 Defendant's cross-motion/opposition to be filed September 8, 2010 Plaintiff's reply/opposition to be filed September 20, 2010 Defendant's reply to be filed September 24, 2010 IT IS SO STIPULATED: Dated: June 17, 2010 DENNIS J. HERRERA City Attorney WAYNE SNODGRASS VINCE CHHABRIA Deputy City Attorneys By: s/Vince Chhabria VINCE CHHABRIA Attorneys for Defendant CITY AND COUNTY OF SAN FRANCISCO STIPULATION AND [PROPOSED] ORDER TO CONTINUE CMC; Case No. C10-1300 SI 2 c:\documents and settings\pcheeseb\desktop\for importing\stip.doc 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 Dated: June 17, 2010 By: **s/Deborah England Deborah C. England Attorney for Plaintiff JOHN J. RILEY **Pursuant to GO 45, the electronic signatory has obtained approval from this signatory. ORDER PURSUANT TO STIPULATION, IT IS SO ORDERED THAT the Initial Case Management conference is continued to November 5, 2010 at 2:00 p.m. IT IS FURTHER ORDERED THAT the parties' cross-motions for summary judgment shall be heard at 9:00 a.m. on October 1, 2010. Plaintiff's motion for summary judgment shall be filed no later than August 25, 2010. Defendant's cross-motion/opposition shall be filed no later than September 8, 2010. Plaintiff's opposition/reply shall be filed no later than September 20, 2010. Defendant's reply, if any, shall be filed no later than September 24, 2010. Date: THE HONORABLE SUSAN ILLSTON United States District Court STIPULATION AND [PROPOSED] ORDER TO CONTINUE CMC; Case No. C10-1300 SI 3 c:\documents and settings\pcheeseb\desktop\for importing\stip.doc

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