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)

Case3:11-cv-04841-JSW Document39 Filed04/13/13 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 TO ENLARGE PAGE LIMIT FOR
OPENING BRIEF AND PROPOSED ORDER

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,
Defendants.
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Plaintiff applies to the court for an order permitting her to file an opening brief of up to
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40 pages in length. Good cause exists for this application for the reason that the Court must
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use the independent judgment standard of review to determine whether the findings are
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supported by the evidence (Cal Civ. Proc. §§ 1094.5(b) and (c)) and must independently
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weigh the evidence, including the credibility of witnesses, and may make its own findings.
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Ocheltree v. Gourley (2002) 102 Cal.App.4th 1013, 1017. The opening brief must therefore
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include a thorough summary of the evidence as contained in the record. In this case the record
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consists of a hearing transcript of 1044 pages generated over a four day period, more that 100
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multi-page exhibits offered by the parties in connection with twenty 20 discrete charges of
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alleged misconduct. It is anticipated at this time that plaintiff may need an additional 15 pages
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Application to Enlarge Page Limit for Opening Brief and Proposed Order

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Case3:11-cv-04841-JSW Document39 Filed04/13/13 Page2 of 2
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to complete this analysis. Plaintiff therefore requests an order to permit the filing of an

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opening brief of up to 40 pages in length.

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In discussing this matter with defendants’ counsel, counsel indicated that the defendants

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did not believe they would need an enlarged brief for the opposition and therefore would not

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join in the this application but had no objection to plaintiff’s request.

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Respectfully submitted.

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DATED : 13 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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GRANTS the application. Plaintiff may file an opening brief of up to 40 pages in length.
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Dated:

April 15, 2013

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____________________________________________
JUDGE JEFFREY S. WHITE
United States District Court

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Application to Enlarge Page Limit for Opening Brief and Proposed Order

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