Espinosa et al v. City and County of San Francisco et al

Filing 43

ORDER GRANTING 42 STIPULATION re Pending Settlement. Case Management Statement due by 3/8/2013. Case Management Conference set for 3/15/2013 01:30 PM in Courtroom 11, 19th Floor, San Francisco.. Signed by Judge JEFFREY S. WHITE on 9/11/12. (jjoS, COURT STAFF) (Filed on 9/11/2012)

Case3:11-cv-02282-JSW Document42 Filed09/10/12 Page1 of 3

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Walter C. Cook, SBN 111330
Law Offices of Walter C. Cook
1500 – 20TH Street
San Francisco, CA 94107
415-920-0423, x2
415-920-0427, Fax

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Attorneys for Plaintiffs
CARLOS ESPINOSA and NOEMI
GEREDA-CERRATO

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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CARLOS ESPINOSA AND NAOMI
GERADA CERRATO.

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Plaintiffs,
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vs.
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CITY AND COUNTY OF SAN
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FRNACISCO, a municipal corporation;
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MICHAEL GAYNOR; INSPECTOR
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VELARDE, Star # 2209; MICHAEL SWART; )
and DOES 1-25
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Defendants.
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Case No. 3:11-cv-02282-JSW
STIPULATION AND [PROPOSED]
ORDER VACATING TRIAL AND
PRETRIAL DATES, AND
SCHEDULING FURTHER CASE
MANAGEMENT CONFERENCE, IN
LIGHT OF NOTICE OF PENDING
SETTLEMENT

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STIPULATION
WHEREAS the trial date in this matter is February 19, 2013.

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WHEREAS the pretrial conference in this matter is January 28, 2013.

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WHEREAS the hearing date for dispositive motions is December 7, 2012.

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Stip. And Order Vacating Trial & Pretrial Dates, And Scheduling Further Case Management Conference
Espinosa et. al. v. City And County Of San Francisco et al.
CASE No. 3:11-cv-02282-JSW

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Case3:11-cv-02282-JSW Document42 Filed09/10/12 Page2 of 3

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WHEREAS the parties in this matter have agreed to the terms of a settlement, which will

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resolve all claims against all parties, but which is subject to the approval of the San Francisco

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County Board of Supervisors.

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WHEREAS the parties have agreed that plaintiffs shall dismiss this action with prejudice
upon payment of the settlement amount.

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WHEREAS the settlement agreement provides for enforcement pursuant to California
Code of Civil Procedure § 664.6.

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WHEREAS the parties request that the trial date of February 19, 2013, the pretrial

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conference date of January 28, 2013, and the dispositive motion hearing date of December 7,

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2012 be vacated.

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WHEREAS the parties in this matter request that a further case management conference
be set protectively for March 2013.

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WHEREAS an appropriate further case management conference date, in the event that

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the Board of Supervisors has not already approved the proposed settlement and plaintiffs

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therefore have not dismissed this action, would be March 2, 9, or 16, 2013.

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STIPULATION AND ORDER AND STIPULATION REGARDING NOTICE OF SETTLEMNT
CARLOS ESPINOSA et. al. v. CITY AND COUNTY OF SAN FRANCISCO et. al.
CASE No. 3:11-cv-02282-JSW

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Case3:11-cv-02282-JSW Document42 Filed09/10/12 Page3 of 3

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THEREFORE, the parties stipulate to entry of an order vacating the dispositive motion

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hearing date of December 17, 2012; the pretrial conference date of January 28, 2013; and the

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trial date of February 19, 2013; and scheduling a further case management conference for March

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2, 9, or 16, 2013, at 1:30 p.m.

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Dated: September 7, 2012

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LAW OFFICES OF WALTER COOK

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By: /s/ Walter Cook
Attorneys for Plaintiffs

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DENNIS J. HERRERA
City Attorney
CHERYL ADAMS
Chief Trial Deputy
DONALD P. MARGOLIS
BRADLEY A. RUSSI
Deputy City Attorneys

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By: /s/ Donald P. Margolis
DONALD P. MARGOLIS
Attorneys for Defendants
CITY AND COUNTY OF SAN FRANCISCO;
MICHAEL GAYNOR; INSPECTOR VELARDE,
STAR #2209; AND MICHAEL SWART

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ORDER

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PURSUANT TO STIPULATION, IT IS SO ORDERED. A further case
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management conference is set for March __, 2013, at 1:30 p.m. A joint case management
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statement shall be filed by February/March 9 2013.
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All other dates are VACATED.
September 11, 2012
Dated:_______________

_________________________
The Honorable Jeffrey S. White
United States District Judge

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STIPULATION AND ORDER AND STIPULATION REGARDING NOTICE OF SETTLEMNT
CARLOS ESPINOSA et. al. v. CITY AND COUNTY OF SAN FRANCISCO et. al.
CASE No. 3:11-cv-02282-JSW

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