Stallworth v. County of Santa Clara et al

Filing 40

ORDER GRANTING 39 STIPULATION / Unopposed Application to Enlarge Page Limit for Opening Brief. Signed by Judge Jeffrey S. White on 4/15/13. (jjoS, COURT STAFF) (Filed on 4/15/2013)

Download PDF
Case3:11-cv-04841-JSW Document39 Filed04/13/13 Page1 of 2 1 3 BLAINE L. FIELDS, SBN 65781 333 WEST SAN CARLOS 8T H FLOOR SAN JOSE , CALIFORNIA 95110 (408) 279-3600 4 Attorney for Plaintiff 2 5 6 7 8 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 9 10 K ATHLEEN S TALLWORTH, 11 12 Case No. C 11-04841 JSW Click here to copy title to footer APPLICATION TO ENLARGE PAGE LIMIT FOR OPENING BRIEF AND PROPOSED ORDER Plaintiff, vs. 13 14 15 16 17 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, Defendants. / 18 Plaintiff applies to the court for an order permitting her to file an opening brief of up to 19 40 pages in length. Good cause exists for this application for the reason that the Court must 20 use the independent judgment standard of review to determine whether the findings are 21 supported by the evidence (Cal Civ. Proc. §§ 1094.5(b) and (c)) and must independently 22 weigh the evidence, including the credibility of witnesses, and may make its own findings. 23 Ocheltree v. Gourley (2002) 102 Cal.App.4th 1013, 1017. The opening brief must therefore 24 include a thorough summary of the evidence as contained in the record. In this case the record 25 consists of a hearing transcript of 1044 pages generated over a four day period, more that 100 26 multi-page exhibits offered by the parties in connection with twenty 20 discrete charges of 27 alleged misconduct. It is anticipated at this time that plaintiff may need an additional 15 pages 28 Application to Enlarge Page Limit for Opening Brief and Proposed Order Page 1 Case3:11-cv-04841-JSW Document39 Filed04/13/13 Page2 of 2 1 to complete this analysis. Plaintiff therefore requests an order to permit the filing of an 2 opening brief of up to 40 pages in length. 3 In discussing this matter with defendants’ counsel, counsel indicated that the defendants 4 did not believe they would need an enlarged brief for the opposition and therefore would not 5 join in the this application but had no objection to plaintiff’s request. 6 Respectfully submitted. 7 DATED : 13 April 2013 LAW OFFICES OF BLAINE L. FIELDS 8 9 10 _____________________________________ BLAINE L. FIELDS Attorney for Plaintiff Kathleen Stallworth 11 12 13 ORDER AMENDING THE ADMINISTRATIVE MANDAMUS BRIEFING SCHEDULE 14 The Court, having considered the plaintiff's application and finding good cause, hereby 15 GRANTS the application. Plaintiff may file an opening brief of up to 40 pages in length. 16 17 Dated: April 15, 2013 18 19 ____________________________________________ JUDGE JEFFREY S. WHITE United States District Court 20 21 22 23 24 25 26 27 28 Application to Enlarge Page Limit for Opening Brief and Proposed Order Page 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?