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

Filing 90

ORDER by Magistrate Judge Maria-Elena James granting 89 Stipulation to Continue Motion for Attorney's Fees and Expert Costs. (rmm2S, COURT STAFF) (Filed on 3/18/2013)

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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 March 21, 2013 at

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10:00 a.m. to April 11, 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.

The Court on its on motion reset Defendants’ Motion for Attorneys Fees and Expert

Costs from March 14, 2013 to March 21, 2013.
2.

Counsel for defendants Warren Metlitzky has a motion for summary judgment due on

March 21, 2013 in Thomas Cooke v. City and County of San Francisco, San Francisco Superior Court
Stipulation to Continue Mtn for Attorneys Fees and
Expert Costs; Case No. 11-cv-2359 MEJ

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n:\lit\li2011\111109\00834254.doc

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No. CGC-11-515413. The summary judgment is extensive and the filing date was specifically

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scheduled to avoid conflict with defendants’ motion for attorney fees in this matter. Given the

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impending filing date, defense counsel is unable to properly prepare for and attend the hearing on

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March 21, 2013. Defense counsel contacted plaintiff’s counsel to inquire when plaintiffs’ counsel

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would next be available to attend the hearing.

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4.

Based on defense counsel’s unavailibility, the parties stipulate to continuing

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defendants’ Motion for Attorneys Fees and Expert Costs to April 11, 2013, or as soon thereafter as is

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convenient for the Court.

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IT IS SO STIPULATED.
Dated: March 18, 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: March 18, 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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n:\lit\li2011\111109\00834254.doc

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 April 11, 2013
at 10:00 a.m.

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Dated: March 18, 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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n:\lit\li2011\111109\00834254.doc