Horan v. City & County of San Francisco et al

Filing 61

STIPULATION AND ORDER Continue Motion Hearing and Briefing Schedule. Reset Deadlines as to 56 MOTION for Settlement. Responses due by 6/20/2013. Replies due by 6/27/2013. Motion Hearing set for 8/26/2013 10:00 AM in Courtroom 2, 17th Floor, San Francisco before Hon. Thelton E. Henderson. Signed by Judge Thelton E. Henderson on 05/23/2013. (tmi, COURT STAFF) (Filed on 5/23/2013)

1
2
3
4
5
6
7
8
9
10
11

PHONE [phone] • FAX [phone]

PIERCE & SHEARER LLP

2200 Geng Road, Suite 230, Palo Alto, CA 94303

12
13

Andrew F. Pierce (State Bar No. 101889)
PIERCE & SHEARER LLP
2200 Geng Road, Suite 230
Palo Alto, CA 94303
Phone: [phone]
Fax: [phone]
Attorneys for Plaintiff
MICHAEL HORAN
Dennis J. Herrera, (State Bar No. 139669)
City Attorney
Elizabeth Salveson (State Bar No. 83788)
Chief Labor Attorney
Ruth M. Bond (State Bar No. 214582)
Deputy City Attorney
Fox Plaza
1390 Market Street, Fifth Floor
San Francisco, California 94102-5408
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendant
CITY AND COUNTY OF SAN FRANCISCO

14

UNITED STATES DISTRICT COURT

15

NORTHERN DISTRICT OF CALIFORNIA

16

SAN FRANCISCO DIVISION

17

MICHAEL HORAN,

18

Case No. CV 10-01383-TEH
Plaintiff

19

v.

20

CITY AND COUNTY OF SAN
FRANCISCO; MARCUS SANTIAGO and
DOES 1-25, inclusive,

21
22
23
24

Defendants.

STIPULATION TO CONTINUE THE
HEARING ON PLAINTIFF’S MOTION
TO ENFORCE THE TERMS OF A
SETTLEMENT AGREEMENT;
[PROPOSED] ORDER THEREON
Date: June 17, 2013
Time: 10 a.m.
Place: 450 Golden Gate Avenue
Courtroom 12 – 19th Fl.
San Francisco, CA 94102
Judge: The Honorable Thelton E. Henderson
IT IS SO ORDERED AS MODIFIED

25
26
27

Plaintiff filed a Motion to Enforce the Terms of a Settlement Agreement on May 9,
2013. The hearing on this motion is set for June 17, 2013.

28
1
STIPULATION TO CONTINUE HEARING ON PLAINTIFF’S MOTION TO ENFORCE SETTLEMENT
AGREEMENT; [PROPOSED] ORDER THEREON
Case No. CV 10-01383-TEH

1

Since the time of the filing of this motion, the parties have been actively engaged in

2

discussions in an attempt to resolve this issue and the City has provided Plaintiff with

3

documentation that it believes establishes its full compliance with the terms of the Settlement

4

Agreement.

5

The parties agree that continuing the hearing and briefing schedule on Plaintiff’s

6

Motion to Enforce the Terms of a Settlement Agreement would serve to promote the interests

7

of justice by allowing for potential resolution of this issue without the unnecessary waste of

8

the parties’ and the Court’s time and resources.

9

PHONE [phone] • FAX [phone]

The hearing on Plaintiff’s Motion to Enforce the Terms of a Settlement Agreement be
26
continued to August 19, 2013. Defendant’s opposition brief shall be due on June 20, 2013.

12
PIERCE & SHEARER LLP

11

2200 Geng Road, Suite 230, Palo Alto, CA 94303

10

Therefore the parties hereby STIPULATE and REQUEST that:

Plaintiff’s reply shall be due June 27, 2013.

13

SO STIPULATED.

14

Dated: May 22, 2013
PIERCE & SHEARER LLP

15
16

By: /s/ Andrew F. Pierce
Andrew F. Pierce
Attorneys for Plaintiff
MICHAEL HORAN

17
18
19
20

Dated: May 22, 2013
OFFICE OF THE CITY ATTORNEY

21
22

By: /s/ Ruth M. Bond
Ruth M. Bond
Attorneys for Defendant
CITY AND COUNTY
OF SAN FRANCISCO

23
24
25
26
27
28
2

STIPULATION TO CONTINUE HEARING ON PLAINTIFF’S MOTION TO ENFORCE SETTLEMENT
AGREEMENT; [PROPOSED] ORDER THEREON
Case No. CV 10-01383-TEH

1
2
3

I attest that my firm has obtained the concurrence of Ruth Bond in the filing of this
document.
Dated: May 22, 2013
PIERCE & SHEARER LLP

4
5

By: /s/ Andrew F. Pierce
Andrew F. Pierce
Attorneys for Plaintiff
MICHAEL HORAN

6
7
8
9
ORDER

10

ISTRIC
ES D
TC
AT
T

14

ED
ORDER
T IS SO DIFIED
I
AS MO

R NIA

S
UNIT
ED

13

16

nderson

e
on E. H

helt
Judge T

17

A

H

ER

LI

15

FO

THE HON. THELTON E. HENDERSON
RT

PHONE [phone] • FAX [phone]

05/23/2013
Dated: ________________

NO

PIERCE & SHEARER LLP

12
2200 Geng Road, Suite 230, Palo Alto, CA 94303

PURSUANT TO STIPULATION, IT IS SO ORDERED.

RT
U
O

11

N

F
D IS T IC T O
R

C

18
19
20
21
22
23
24
25
26
27
28
3
STIPULATION TO CONTINUE HEARING ON PLAINTIFF’S MOTION TO ENFORCE SETTLEMENT
AGREEMENT; [PROPOSED] ORDER THEREON
Case No. CV 10-01383-TEH