Holland v. City of San Francisco et al

Filing 63

STIPULATION AND ORDER CONTINUING CASE MANAGEMENT CONFERENCE. Case Management Statement due by 6/18/2012. Further Case Management Conference set for 6/25/2012 01:30 PM in Courtroom 2, 17th Floor, San Francisco. Signed by Judge Thelton E. Henderson on 05/29/2012. (tmi, COURT STAFF) (Filed on 5/29/2012)

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DENNIS J. HERRERA, State Bar #139669
City Attorney
JOANNE HOEPER, State Bar #114961
Chief Trial Attorney
KIMBERLY A. BLISS, State Bar #207857
Deputy City Attorney
DUNCAN CARLING, State Bar #262387
Deputy City Attorney
Fox Plaza
1390 Market Street, 6th Floor
San Francisco, California 94102-5408
Telephone: [phone] (Bliss)
Telephone:
[phone] (Carling)
Facsimile:
[phone]
E-Mail:
[e-mail]
E-Mail:
[e-mail]
Attorneys for Defendants
CITY AND COUNTY OF SAN FRANCISCO,
HEATHER FONG, JOHN BURKE, DAN MCDONAGH
MATHEW NEVES, PHILIP PAPALE, DEPUTY BARNES,
AND MICHAEL HENNESSEY

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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ELECIA R. HOLLAND,

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Plaintiff,

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vs.

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CITY OF SAN FRANCISCO; COUNTY OF
SAN FRANCISCO; CHIEF OF SAN
FRANCISCO POLICE HEATHER FONG;
SFPD OFFICER JOHN BURKE; SFPD
OFFICER DAN MCDONAGH; SFPD
OFFICER MATTHEW NEVES; SFPD
OFFICER PHILIP PAPALE, SAN
FRANCISCO COUNTY SHERIFF
MICHAEL HENNESSEY, SFSD DEPUTY
BARNES and DOES 2-50, AND 52-100,
inclusive,

Case No. CV-10-2603 TEH
STIPULATION AND [PROPOSED] ORDER
CONTINUING CASE MANAGEMENT
CONFERENCE
Currently Scheduled Conf.: June 4, 2012
Proposed Continued Conf.: June 18, 2012

Defendants.

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Stipulation and Order
CV-10-2603 TEH

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INTRODUCTION

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Plaintiff and Defendants request an order continuing the further case management conference

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from June 4, 2012 to June 18, 2012, or a date more convenient for the Court, because of a family

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medical emergency.
RECITALS

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A.

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Deputy City Attorney Kimberly Bliss is lead counsel for Defendants. Ms. Bliss has

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been conferring with Plaintiff's counsel Julien Swanson to produce a joint CMC statement and attempt

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to resolve discovery issues around the strip-search claims. The parties do not agree on the appropriate

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scope of discovery related to the strip-search claims, but the parties have been conferring in good faith

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and have made progress toward narrowing the issues in dispute.
B.

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On Tuesday, May 22, 2012, Ms. Bliss was unexpectedly called away from work due to

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a family medical emergency involving her spouse. Ms. Bliss has been out of the office since then.

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She may return to work next week, but her return date is unknown at this time.
C.

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Deputy City Attorney Duncan Carling is also assigned to the case. Mr. Carling will

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write the CMC statement and represent Defendants at the conference if necessary, but he was

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unavailable to write the CMC statement by the due date, today, May 25, 2012, due to other work

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matters.
D.

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Defendants have requested, and Plaintiff has agreed, to postpone the case management

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conference for two weeks, from June 4, 2012, to June 18, 2012, or a subsequent date convenient for

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the Court. The additional time will allow Defendants to determine if Ms. Bliss will be available to

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work on the case, and allow Mr. Carling time to prepare the statement if necessary.
E.

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The parties have met and conferred on availability for the conference on June 18, 2012.

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If the Court prefers a date after June 18, 2012, all parties are available on July 2, 2012, and July 16,

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2012. Mr. Carling is not available on June 25, 2012, because he is in trial, and he is not available on

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July 9, 2012, because he is on a pre-planned and pre-paid vacation.

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//

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//
Stipulation and Order
CV12-00454 JCS

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DECLARATION OF DUNCAN CARLING

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I am a Deputy City Attorney with the San Francisco City Attorney’s Office, counsel for

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Defendants. I am assigned to the case of Holland v. City and County of San Francisco et. al.

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with co-counsel Kimberly Bliss. I have knowledge of the facts set forth in this declaration

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based on my role as an attorney of record in this case, and on information and belief from

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statements made to me by Kimberly Bliss.

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2.

Each of the facts recited above is true and correct.

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3.

I am informed and believe that Kimberly Bliss will provide the Court with a declaration if one

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is required.

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I declare under penalty of perjury under the laws of the United States that the foregoing is true
and correct, and that I executed this declaration on May 25, 2012, at San Francisco, California.

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__/s/ Duncan Carling_____

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DUNCAN CARLING

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Stipulation and Order
CV12-00454 JCS

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STIPULATION

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Based upon the facts recited above, the parties stipulate to entry of an order continuing the case

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management conference from June 4, 2012 to June 18, 2012, or a subsequent date more convenient to

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the Court and counsel. The parties further stipulate that they will file their joint case management

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conference statement seven days before the conference.

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SO STIPULATED.

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Dated: May 25, 2012

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DENNIS J. HERRERA
City Attorney
JOANNE HOEPER
Chief Trial Deputy
BY: ______/s/ Duncan Carling_______
DUNCAN CARLING
Attorneys for Defendants

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Dated: May 25, 2012

LAW OFFICES OF GERI LYNN GREEN
By:______/s/ Julien T. Swanson_________
JULIEN T. SWANSON
Attorneys For Plaintiff

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ORDER
Pursuant to the parties' stipulation, the further case management conference currently

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06/18/2012
shall file their joint case management statement by __________________.

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S DISTRICT
TE
C
TA

05/29/2012
Dated: _______________________

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UNIT
ED

____________________________

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NO

enderso
lton E. H

H

ER

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FO

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RT

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he
Judge T

R NIA

The Honorable Thelton E. Henderson
United States Senior District Judge

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A

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06/25/2012
scheduled for June 4, 2012, at 1:30 p.m. is continued to _______________ at 1:30 p.m. The parties

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D IS T IC T O
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Stipulation and Order
CV12-00454 JCS

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