Mendenhall et al v. City and County of San Francisco

Filing 18

ORDER Motion Hearing (#9 and #13) reset for 12/16/2011 01:30 PM in Courtroom 5, 17th Floor, San Francisco before Hon. Edward M. Chen.. Signed by Judge Edward M. Chen on 11/15/11. (Attachments: # 1 Appendix)(bpf, COURT STAFF) (Filed on 11/15/2011)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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JANICE MENDENHALL, et al.,

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For the Northern District of California

United States District Court

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No. C-11-4029 EMC

Plaintiffs,
v.
CITY AND COUNTY OF SAN
FRANCISCO,

ORDER RE HEARING AND BRIEFING
SCHEDULE ON DEFENDANT'S
MOTION TO DISMISS

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Defendant.
___________________________________/

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Defendant City and County of San Francisco's ("CCSF") motions to dismiss are currently set

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for hearing before the Court on November 28, 2011. Docket Nos. 9, 13.1 Plaintiffs have not filed an

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opposition, and have orally represented to the Court that they did not receive a copy of Defendants'

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motion. Although the proof of service appears valid, the Court will, in the interest of justice,

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provide pro se Plaintiffs an opportunity to respond to the motion. Accordingly, the Court hereby

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enters the following order:

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(1)

Defendant's motion to dismiss shall be re-set for hearing before the Court on Friday,

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December 16, 2011, at 1:30 p.m., in Courtroom 5, 17th Floor, 450 Golden Gate

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Avenue, San Francisco, California.

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(2)

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Plaintiffs Mendenhall and Cato shall file their opposition to Defendant's motion no
later than Wednesday, November 30, 2011.

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The two motions appear identical, and the amended motion filed on October 14 merely set
a new hearing date before the newly assigned judge. Accordingly, the Court will refer to the
October 14 amended motion as the operative motion.

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(3)

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For the parties' convenience, the Court attaches Defendant's amended motion to dismiss to

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Defendant shall file its reply no later than Wednesday, November 7, 2011.

this Order.
IT IS SO ORDERED.
Dated: November 15, 2011

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_________________________
EDWARD M. CHEN
United States District Judge

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For the Northern District of California

United States District Court

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UNITED STATES DISTRICT COURT
FOR THE
NORTHERN DISTRICT OF CALIFORNIA

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MENDENHALL et al,
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Case Number: CV11-04029 EMC
Plaintiff,

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CERTIFICATE OF SERVICE
v.

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CITY AND COUNTY OF SAN FRANCISCO et
al,
Defendant.

/

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For the Northern District of California

United States District Court

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I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S. District
Court, Northern District of California.
That on November 15, 2011, I SERVED a true and correct copy(ies) of the attached, by placing said
copy(ies) in a postage paid envelope addressed to the person(s) hereinafter listed, by depositing said
envelope in the U.S. Mail, or by placing said copy(ies) into an inter-office delivery receptacle
located in the Clerk's office.
Janice Mendenhall
P.O. Box 24370
San Francisco, CA 94124

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Mark Cato
P.O. Box 24370
San Francisco, CA 94124

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Dated: November 15, 2011

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Richard W. Wieking, Clerk
By: Betty Lee, Deputy Clerk

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