Harper v. Lugbauer et al

Filing 105

ORDER SETTING HEARING OF PENDING MOTIONS re 94 MOTION to Strike SPECIAL MOTION TO STRIKE CERTAIN STATE LAW CAUSES OF ACTION PURSUANT TO CALIFORNIA CODE OF CIVIL PROCEDURE § 425.16 BY DEFENDANTS CITY AND COUNTY OF SAN FRANCISCO, SAN FRA NCISCO POLICE DEPARTMENT, FORMER CHIEF OF POLICE GEOR filed by Anna Brown, The San Francisco Police Department, Chad Ertola, The City and County of San Francisco, George Gascon, 104 MOTION for Recusal filed by Gail Harper, Set/Re set Deadlines as to 94 MOTION to Strike SPECIAL MOTION TO STRIKE CERTAIN STATE LAW CAUSES OF ACTION PURSUANT TO CALIFORNIA CODE OF CIVIL PROCEDURE § 425.16 BY DEFENDANTS CITY AND COUNTY OF SAN FRANCISCO, SAN FRANCISCO POLICE DEPARTMEN T, FORMER CHIEF OF POLICE GEOR, 104 MOTION for Recusal . Responses due by 3/1/2012. Replies due by 3/5/2012. Motion Hearing set for 3/12/2012 09:00 AM in Courtroom 9, 19th Floor, San Francisco before Hon. James Ware.. Signed by Judge James Ware on 2/27/12. (sis, COURT STAFF) (Filed on 2/27/2012)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

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For the Northern District of California

United States District Court

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NO. C 11-01306 JW

Gail Harper,

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ORDER SETTING MARCH 12, 2012 FOR
HEARING OF PENDING MOTIONS

Plaintiff,
v.

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Ryan Lugbauer, et al.,
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Defendants.
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A hearing on City Defendants’1 Anti-SLAPP Motion2 is currently scheduled for March 5,

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2012. On February 8, 2012, counsel for City Defendants notified the Court that he is unavailable on
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March 5, 2012, and requested that the Court reschedule the hearing for a date after March 7, 2012.3

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City Defendants are: George Gascón (“Gascón”), an individual and as an agent of the San
Francisco Police Department; Anna Brown (“Brown”), an individual and as an agent of the San
Francisco Police Department; Carl Tennenbaum a.k.a. Carl Tee or Carl T (“Tennenbaum”), an
individual and as an agent of the San Francisco Police Department; San Francisco Police
Department (“SFPD”); and City and County of San Francisco (“San Francisco”) (collectively, “City
Defendants”).
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(Special Motion to Strike Certain State Law Causes of Action Pursuant to California Code
of Civil Procedure § 425.16 by Defendants City and County of San Francisco, San Francisco Police
Department, Former Chief of Police George Gascón, Carl Tennenbaum, and Anna Brown, hereafter,
“Motion,” Docket Item No. 94.)
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(Notice of Unavailability of Defense Counsel for March 5, 2012 Hearing on Defendants’
Anti-SLAPP Motion, Docket Item No. 99.)

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On February 26, 2012, Plaintiff filed a Motion to Recuse contending that Chief Judge Ware should

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recuse himself from this case.4

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Upon review, and in light of City Defendants’ counsel’s unavailability for the March 5

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hearing and the recently noticed Motion to Recuse, the Court finds good cause both: (1) to continue

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the hearing on City Defendants’ Anti-SLAPP Motion; and (2) to set an expedited hearing date for

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Plaintiff’s Motion to Recuse to coincide with the hearing on the Anti-SLAPP Motion. Accordingly,

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the Court ORDERS as follows:

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(1)

2012 at 9 a.m.

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(2)

The Court sets March 12, 2012 at 9 a.m. for a hearing on Plaintiff’s Motion to

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For the Northern District of California

United States District Court

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The hearing on City Defendants’ Anti-SLAPP Motion is CONTINUED to March 12,

Recuse. On or before March 1, 2012, any party wishing to file an Opposition to the

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Motion to Recuse shall file such an Opposition. On or before March 5, 2012,

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Plaintiff shall file her Reply, if any.

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Dated: February 27, 2012
JAMES WARE
United States District Chief Judge

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(Plaintiff’s Motion to Recuse Judge Ware, hereafter, “Motion to Recuse,” Docket Item No.
104.) Plaintiff did not notice her Motion to Recuse for any date in particular.

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THIS IS TO CERTIFY THAT COPIES OF THIS ORDER HAVE BEEN DELIVERED TO:

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Cherokee Dawn-Marie Melton [e-mail]
David Jerome Kennedy [e-mail]
Edward Joseph Rodzewich [e-mail]
Gail Ellen Harper [e-mail]
James Matthew Wagstaffe [e-mail]
Joshua Seth White [e-mail]
Matthew Robert Halloran [e-mail]
Richard Michael Lieberman [e-mail]
Richard S. Diestel [e-mail]

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Dated: February 27, 2012

Richard W. Wieking, Clerk

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For the Northern District of California

United States District Court

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By:

/s/ JW Chambers
Susan Imbriani
Courtroom Deputy