Marchand Womack v. City and County of San Francisco

Filing 32

ORDER GRANTING AS MODIFIED (26 in 3:11-cv-02455-JSW) STIPULATION Modifying Scheduling Order to Reset Date for Dispositive Motions and Request for Case Management Conference. Case Management Statement due by 6/15/2012. Further Case Management Confer ence set for 6/22/2012 01:30 PM in Courtroom 11, 19th Floor, San Francisco. Motion Hearing set for 7/20/2012 09:00 AM in Courtroom 11, 19th Floor, San Francisco before Hon. Jeffrey S. White.. Signed by Judge Jeffrey S. White on 5/21/12. (jjoS, COURT STAFF) (Filed on 5/22/2012)

Case3:11-cv-02455-JSW Document26 Filed05/11/12 Page1 of 4

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DENNIS J. HERRERA, State Bar #139669
City Attorney
JOANNE HOEPER, State Bar #114961
Chief Trial Deputy
MARGARET W. BAUMGARTNER, State Bar #151762
BRADLEY A. RUSSI, State Bar #256993
Deputy City Attorneys
Fox Plaza
1390 Market Street, Sixth Floor
San Francisco, California 94102-5408
Telephone:
[phone]
Facsimile:
[phone]
E-Mail:
[e-mail]
Attorneys for Defendant
CITY AND COUNTY OF SAN FRANCISCO

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA
MARCHAND WOMACK,
Plaintiff,
vs.
CITY AND COUNTY OF SAN
FRANCISCO, SAN FRANCISCO POLICE
DEPARTMENT, and Does 1 to 20, inclusive,

Case No. C11-02455 JSW
STIPULATION MODIFYING SCHEDULING
ORDER TO RESET DATE FOR DISPOSITIVE
MOTIONS AND REQUEST FOR CASE
MANAGEMENT CONFERENCE; [Proposed]
ORDER
Trial Date:

September 10, 2012

Defendants.

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TAI GREER,

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Plaintiff,

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Case No. C11-02457 JSW

vs.

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CITY AND COUNTY OF SAN
FRANCISCO, SAN FRANCISCO POLICE
DEPARTMENT,
Defendants.

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Stip. re Dates and Request for CMC
Womack/Greer, Case Nos. C11-02457 & -02455 JSW

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Case3:11-cv-02455-JSW Document26 Filed05/11/12 Page2 of 4

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WHEREAS on September 6, 2011, the Court issued a scheduling order setting the discovery
cut off date in this matter for May 11, 2012;
WHEREAS in the same order the Court set a dispositive motion hearing date of June 22, 2012,
thus making the motion papers due no later than May 18, 2012;

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WHEREAS, Plaintiff has conducted no discovery to date;

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WHEREAS, Defendant believes it has no liability in this case;

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WHEREAS, Plaintiffs are represented by two counsel, Dennis Roberts and Paul Turley;

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WHEREAS, Dennis Roberts has indicated that Paul Turley is the attorney primarily

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responsible for this case, that Mr. Roberts wishes to withdraw, and that defense counsel must
communicate with Mr. Turley regarding a dismissal;
WHEREAS, when Defendant's counsel telephones Mr. Turley, she receives a message that the
voicemail is full;
WHEREAS, Defendant's counsel has sent numerous e-mail messages to Mr. Turley to attempt
to discuss this matter, but has received no response from Mr. Turley;
WHEREAS; Defendant's counsel wishes to avoid an unnecssary motion for summary
judgment, and a motion for sanctions for being required to file such a motion;

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WHEREAS, Defense counsel and Mr. Roberts believe that the continuing the date for the

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dispositive motion may provide sufficient time to avoid the need for the motion and a motion for

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sanctions;

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WHEREAS, the trial date in this matter is September 10, 2012, and a 21 day continuance for
the dispositive hearing motion date will not create a need to delay the trial;
WHEREAS, both parties request a case management conference to discuss with the court the
status of this matter;

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Stip. re Dates and Request for CMC
Womack/Greer, Case Nos. C11-02457 & -02455 JSW

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Case3:11-cv-02455-JSW Document26 Filed05/11/12 Page3 of 4

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NOW THEREFORE, THE PARTIES STIPULATE AS FOLLOWS:

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1. That the dispositive motion hearing date shall be moved from June 22, 2012 to July 12,

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2012; and;

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2. The court shall set a case management conference at the soonest possible time.

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SO STIPULATED.

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Dated: May 11, 2012

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DENNIS J. HERRERA
City Attorney
JOANNE HOEPER
Chief Trial Deputy
MARGARET W. BAUMGARTNER
Deputy City Attorney

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By:

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Attorneys for Defendant
CITY AND COUNTY OF SAN FRANCISCO

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//s//
MARGARET W. BAUMGARTNER

Dated: May 11, 2012 ____________
DENNIS ROBERTS

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By: __

______________________________
//s//
DENNIS ROBERTS
Attorney for Plaintiffs

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Stip. re Dates and Request for CMC
Womack/Greer, Case Nos. C11-02457 & -02455 JSW

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Case3:11-cv-02455-JSW Document26 Filed05/11/12 Page4 of 4

ORDER

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Pursuant to the stipulation of the parties, and on a finding of good cause, the Court hereby
modifies its Case Scheduling Order dated September 6, 2011 as follows:
July 20, 2012 at 9:00 a.m.
June 22, 2012 at 1:30 p.m.
Furthermore, the Court orders a Case Management Conference for _________________. The
Last day to hear dispositive motions: July 21, 2012.

June 15, 2012
parties shall file an updated joint case management statement no later than ____________________.
SO ORDERED.

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May 21, 2012
Dated: ____________________

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__________________________________
JUDGE, UNITED STATES DISTRICT COURT

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Stip. re Dates and Request for CMC
Womack/Greer, Case Nos. C11-02457 & -02455 JSW

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