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

Filing 85

ORDER by Magistrate Judge Maria-Elena James granting 84 Stipulation to Continue Defendants' Motion For Attorneys Fees and Expert Costs. (rmm2S, COURT STAFF) (Filed on 2/1/2013)

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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 CONTINUE DEFENDANTS’ MOTION
FOR ATTORNEYS FEES AND EXPERT
COSTS
Trial Date:

Not Set

Defendants.

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

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continuance of Defendants’ Motion for Attorneys Fees and Expert Costs from February 7, 2013 at

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10:00 a.m. to February 28, 2013 at 10:00 a.m. The parties make this request based on the following

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circumstances:

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1.

Counsel for defendants Warren Metlitzky was set for trial on January 28, 2013 in the

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matter of Telitha Ball v. Ernest Ferrando, San Francisco Superior Court No. 472360. State court trial

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dates are based on availability of courtrooms and are often continued on the Court’s motion for

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Stipulation to Continue Mtn for Attorneys Fees and
Expert Costs; Case No. 11-cv-2359 MEJ

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n:\lit\li2011\111109\00824353.doc

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months after the initial trial date setting. Defense counsel also anticipated that if the matter went out

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for trial, it would likely be completed by the February 7, 2013 hearing date.

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2.

On January 28, 2013, the Ball case was assigned to Judge Robertson for trial. Judge

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Robertson has estimated the trial will start on Monday, February 4, 2013 and last approximately three

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weeks, with jury deliberations to follow the subsequent week.

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3.

Based on defense counsel’s unavailability due to trial, the parties stipulate to continuing

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defendants’ Motion for Attorneys Fees and Expert Costs to February 28, 2013, subject to the Court’s

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availability.

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IT IS SO STIPULATED.
Dated: January 31, 2013

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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: January 31, 2013

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 Continue Mtn for Attorneys Fees and
Expert Costs; 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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•

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Defendants’ Motion for Attorneys Fees and Expert Costs is continued to February 28,
March 14, 2013
2013 at 10:00 a.m.

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Dated: February 1, 2013
THE HONORABLE MARIA ELENA JAMES

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Stipulation to Continue Mtn for Attorneys Fees and
Expert Costs; Case No. 11-cv-2359 MEJ

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