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

Filing 49

ORDER by Judge Magistrate Judge Maria-Elena James granting 48 Stipulation to Extend Date For Filing Motion for Summary Judgment. (rmm2S, COURT STAFF) (Filed on 9/20/2012)

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DENNIS J. HERRERA, State Bar #139669
City Attorney
CHERYL ADAMS, State Bar #164194
Chief Trial Deputy
WARREN METLITZKY, State Bar #220758
Deputy City Attorney
Fox Plaza
1390 Market Street, Sixth Floor
San Francisco, California 94102-5408
Telephone:
[phone]
Facsimile:
[phone]
E-Mail:
[e-mail]

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Attorneys for Defendant
CITY AND COUNTY OF SAN FRANCISCO
and S. A. NAVARRO

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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PHILLIP PLEVIN, TERESITA TORRES,

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Plaintiffs,

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vs.

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CITY AND COUNTY OF SAN
FRANCISCO; S. A. NAVARRO and Does 125, inclusive

Case No. 11-cv-2359 MEJ
STIPULATION AND [PROPOSED] ORDER
TO EXTEND DATE FOR FILING MOTION
FOR SUMMARY JUDGMENT
Trial Date:

Not Set

Defendants.

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Stipulation to Extend Dates for Dispositive Motions;
Case No. 11-cv-2359 MEJ

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The undersigned parties, through counsel, STIPULATE and AGREE and jointly request

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modification of this Court’s Orders concerning and setting dates for dispositive motion filing and

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hearing in the above matter. The parties make this request based on the following circumstances:
1.

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Discovery in this matter closed on September 13, 2012. Two depositions of third party

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witnesses—Hui Cha Leung and Vida Lamastra—were taken on that date. A third deposition of a

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witness—Abigail O'Leary—was taken earlier in the week on September 10, 2012.
2.

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The parties were unable to take the depositions of Ms. Leung, Ms. Lamastra and

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Ms. O'Leary any earlier due to scheduling difficulties on the part of the witnesses. The depositions

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were originally scheduled to take place in August 2012.
3.

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Dispositive motions are due on September 20, 2012. The parties have been diligently

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attempting to meet and confer on a joint statement of undisputed facts as required by the Court's

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October 20, 2011 Case Management Order ¶J [Docket # 40].
4.

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Because of the short time period between the completion of depositions and the date for

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filing motions for summary judgment, plaintiffs had not had the opportunity to obtain and review all

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three transcripts of the most recent depositions. Similarly, defendants needed to first obtain the

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depositions and review them (which they were not able to do until Tuesday, September 18, 2012)

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before drafting and forwarding a joint statement of undisputed fact. Because of this delay and because

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of the Jewish holidays, defendants did not complete a draft of the joint statement until the morning of

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September 19, 2012, when it was forwarded to plaintiffs' counsel.
6.

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There is not sufficient time prior to filing dispositive motions for the parties to

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meaningfully meet and confer and complete a joint statement of undisputed fact as required by the

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Court.

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The parties believe that they can and will reach agreement on a joint statement within a

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few days, and request that the Court permit an extra week—September 27, 2012—for the parties

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complete the meet and confer process, to finalize a joint statement for submission to the Court and to

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file their dispositive motions.

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For the aforementioned reasons, the parties jointly request that the Court amend its Scheduling
Order as follows:
Stipulation to Extend Dates for Dispositive Motions;
Case No. 11-cv-2359 MEJ

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September 27, 2012: Last day to file dispositive motions

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November 1, 2012: Last day for hearing on dispositive motions

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IT IS SO STIPULATED.
Dated: September 20, 2012

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DENNIS J. HERRERA
City Attorney
CHERYL ADAMS
Chief Trial Deputy
WARREN METLITZKY
Deputy City Attorneys

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By: /s/ Warren Metlitzky
WARREN METLITZKY
Attorneys for Defendant

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CITY AND COUNTY OF SAN FRANCISCO

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and S. A. NAVARRO

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Dated: September 20, 2012

LAW OFFICES OF WILLIAM E. WEISS

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By: /s/ *
William E. Weiss, Esq. (SBN 73108)
Attorney for Plaintiffs PHILLIP PLEVIN and
TERESITA TORRES

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*Pursuant to GO 45, the electronic signatory has obtained
approval from this signatory.

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Stipulation to Extend Dates for Dispositive Motions;
Case No. 11-cv-2359 MEJ

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ORDER

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Based on the above stipulation, and for good cause appearing, IT IS ORDERED as follows:

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September 27, 2012: Last day to file dispositive motions

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November 1, 2012: Last day for hearing on dispositive motions

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Dated: September 20, 2012
THE HONORABLE MARIA ELENA JAMES

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Stipulation to Extend Dates for Dispositive Motions;
Case No. 11-cv-2359 MEJ

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