Stallworth v. County of Santa Clara et al

Filing 38

ORDER GRANTING 37 Stipulation to Revise Briefing Schedule. Responses due by 7/15/2013. Replies due by 8/1/2013. Motion Hearing set for 8/23/2013 09:00 AM in Courtroom 11, 19th Floor, San Francisco before Hon. Jeffrey S. White.. Signed by Judge Jeffrey S. White on 4/12/13. (jjoS, COURT STAFF) (Filed on 4/12/2013)

Case3:11-cv-04841-JSW Document37 Filed04/11/13 Page1 of 2
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BLAINE L. FIELDS, SBN 65781
333 WEST SAN CARLOS
8T H FLOOR
SAN JOSE , CALIFORNIA 95110
[phone]

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Attorney for Plaintiff

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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA

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K ATHLEEN S TALLWORTH,

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Case No. C 11-04841 JSW
Click here to copy title to footer
APPLICATION AND PROPOSED ORDER TO
REVISE BRIEFING SCHEDULE
AND CONTINUING HEARING

Plaintiff,
vs.

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A NDREA B ROLLINI, M ICHELLE DE LA
C ALLE, C OUNTY OF S ANTA C LARA,
S ANTA C LARA P ERSONNEL B OARD,
Does 1 through 10,

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Defendants.

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Plaintiff applies to the court for an order altering the current briefing schedule for the
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hearing on the Administrative Mandamus claim now calendared for hearing on 19 July 2013.
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Good cause exists for this application for the reason that 1) the record is voluminous and
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citations extensive. The time available to plaintiff to prepare the opening brief is proving to be
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insufficient. 2) Plaintiff’s counsel is set for jury duty during the week of 22 April 2013. The
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current order requires the both the administrative record and plaintiff’s brief to be filed on or
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before 1 May 2013.
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The record consists of a hearing transcript of 1044 pages generated over a four day
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period, multi-page exhibits offered by the County of Santa Clara that exceed 100 in number,
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plaintiff’s multi-page exhibits A through J, and sundry other documents. The hearing involved
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Stipulation and Proposed Order to Revise Briefing Schedule

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Case3:11-cv-04841-JSW Document37 Filed04/11/13 Page2 of 2
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20 discrete charges of misconduct each of which will analyzed factually and involve multiple

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record citations. The Court’s existing schedule for filing of the administrative record the same

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day as plaintiff’s brief prejudices plaintiff’s ability to timely prepare and file her opening brief.

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Currently the briefing schedule is as follows: Plaintiff’s opening brief, due 1 May 2013;
Defendants’ responding brief, due 15 June 2013; Plaintiff’s reply brief, due 1 July 2013.
Plaintiff requests the following: Administrative record to be filed on or before 1 May

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2013; Plaintiff to file her opening brief on or before 1 June 2013; Defendants’ responding

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brief be due on or before 15 July and plaintiffs reply be due 1 August. As a result of this

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change to the briefing schedule, the hearing current date will necessarily have to be rescheduled

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from its current date of 19 July 2013 to a time convenient for the Court. With this briefing

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schedule, each side will then have 45 days to prepare the opening and responding briefs with

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15 days to file a reply. The defendants have no objection to this change in briefing schedule.

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Respectfully submitted.

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DATED : 11 April 2013

LAW OFFICES OF BLAINE L. FIELDS

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_____________________________________
BLAINE L. FIELDS
Attorney for Plaintiff Kathleen Stallworth

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ORDER AMENDING THE ADMINISTRATIVE
MANDAMUS BRIEFING SCHEDULE

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The Court, having considered the plaintiff's application and finding good cause, hereby
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amends the briefing schedule as follows: Plaintiff's opening brief shall be due 1 June 2013;
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defendants' responding brief shall be due 15 July 2013; plaintiff's reply brief shall be due 1
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August 23, 2013 at 9:00
August 2013. Hearing on the mandamus claim shall be scheduled for __________________. a.m.
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Dated: April 12, 2013

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____________________________________________
JUDGE JEFFREY S. WHITE
United States District Court

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Stipulation and Proposed Order to Revise Briefing Schedule

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