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

Filing 51

ORDER by Chief Magistrate Judge Maria-Elena James granting 50 Stipulation to Extend Dates for Filing and Hearing Dispositive Motions. (rmm2S, COURT STAFF) (Filed on 9/26/2012)

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1 2 3 4 5 6 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: (415) 554-3916 Facsimile: (415) 554-3837 E-Mail: warren.metlitzky@sfgov.org 7 8 9 Attorneys for Defendant CITY AND COUNTY OF SAN FRANCISCO and S. A. NAVARRO 10 11 UNITED STATES DISTRICT COURT 12 NORTHERN DISTRICT OF CALIFORNIA 13 PHILLIP PLEVIN, TERESITA TORRES, 14 Plaintiffs, 15 vs. 16 17 18 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 DATES FOR FILING AND HEARING DISPOSITIVE MOTIONS Trial Date: Not Set Defendants. 19 20 21 22 23 24 25 26 27 28 Stipulation and Order to Extend Dates for Dispositive Motions; Case No. 11-cv-2359 MEJ 1 n:\lit\li2011\111109\00799077.doc The undersigned parties, through counsel, STIPULATE and AGREE and jointly request 1 2 modification of this Court’s Orders concerning and setting dates for dispositive motion filing and 3 hearing in the above matter. The parties make this request based on the following circumstances: 1. 4 Based on the recency of certain depositions, and the time counsel anticipated it would 5 take to meet and confer on a joint statement of undisputed facts as required by the Court's October 20, 6 2011 Case Management Order ¶J [Docket # 40], along with the Jewish holidays, and despite their 7 diligent attempts to comply with that Order, the parties jointly requested [Docket # 48] and obtained 8 from this Court [Docket # 49] an extension of time to make dispositive motions from September 20 to 9 September 27, 2012, and an extension of time for the hearing on such motions from October 25 to 10 November 1, 2012. 2. 11 Defendants' counsel represents that on Saturday, September 22, 2012, the 2 year-old 12 son of defendants' counsel, Warren Metlitzky, fell and broke his leg. Because the child cannot go to 13 child care for at least a week, Mr. Metlitzky must stay at home with and care for him, the week of 14 September 24. It will therefore be exceedingly difficult, or impossible, for Mr. Metlitzky to attend to 15 completing the process of conferring with plaintiff's counsel concerning the joint statement, and of 16 completing defendants' dispositive motion. 17 3. Trial of this matter is set for April 15, 2013. 18 4. Accordingly, the parties stipulate to the entry of an order extending by one week the 19 relevant events, so that the deadline to file dispositive motions will be extended from September 27 to 20 /// 21 /// 22 /// 23 /// 24 /// 25 /// 26 /// 27 /// 28 Stipulation and Order to Extend Dates for Dispositive Motions; Case No. 11-cv-2359 MEJ 2 n:\lit\li2011\111109\00799077.doc 1 October 4, 2012, and the hearing date for dispositive motions will be extended from November 1 to 2 November 8, 2012, at 10 a.m. 3 4 5 IT IS SO STIPULATED. Dated: September 25, 2012 6 DENNIS J. HERRERA City Attorney CHERYL ADAMS Chief Trial Deputy WARREN METLITZKY Deputy City Attorneys 7 8 9 10 By: /s/ Warren Metlitzky WARREN METLITZKY Attorneys for Defendant 11 12 CITY AND COUNTY OF SAN FRANCISCO 13 and S. A. NAVARRO 14 15 Dated: September 25, 2012 LAW OFFICES OF WILLIAM E. WEISS 16 By: /s/ * William E. Weiss, Esq. (SBN 73108) Attorney for Plaintiffs PHILLIP PLEVIN and TERESITA TORRES 17 18 19 *Pursuant to GO 45, the electronic signatory has obtained approval from this signatory. 20 21 22 ORDER Pursuant to the above stipulation, and for good cause appearing, the last day to file dispositive 23 motions is extended from September 27 to October 4, 2012, and the hearing date for such motions is 24 extended from November 1 to November 8, 2012. 25 IT IS ORDERED. 26 27 28 Dated: September 26, 2012 THE HONORABLE MARIA ELENA JAMES Stipulation and Order to Extend Dates for Dispositive Motions; Case No. 11-cv-2359 MEJ 3 n:\lit\li2011\111109\00799077.doc

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