Stevenson et al v. City and County of San Francisco et al

Filing 149

ORDER VACATING PRETRIAL CONFERENCE AND TRIAL DATES. The Court vacates the December 15, 2015 Pretrial Conference and January 11, 2016 Trial date. Signed by Judge Maxine M. Chesney on November 19, 2015. (mmclc1, COURT STAFF) (Filed on 11/19/2015)

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DENNIS J. HERRERA, State Bar #139669
City Attorney
ELIZABETH S SALVESON, State Bar #83788
Chief Labor Attorney
JONATHAN ROLNICK, State Bar #151814
JENICA MALDONADO, State Bar #266982
Deputy City Attorneys
Fox Plaza
1390 Market Street, Fifth Floor
San Francisco, California 94102-5408
Telephone:
[phone]
Facsimile:
[phone]
E-Mail:
[e-mail]
Attorneys for Defendants
CITY AND COUNTY OF SAN FRANCISCO, et al.
MURLENE J. RANDLE, State Bar #98124
R. WILLIAM REED, Of Counsel, State Bar #261931
LAW OFFICES OF M. J. RANDLE
235 Montgomery Street, Suite 716
San Francisco, CA 94104
Telephone:
[phone]
Facsimile:
[phone]
E-Mail:
[e-mail]
E-Mail:
[e-mail]
Attorneys for Plaintiffs
AARON C. STEVENSON AND KEVIN D. TAYLOR

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA
AARON C. STEVENSON, KEVIN D.
TAYLOR, KEVIN V. SMITH, AUDRY LEE,
and KIRK RICHARDSON,
Plaintiffs,

Case No. CV 11 4950 MMC
STIPULATION AND [PROPOSED] ORDER
TO VACATE PRE-TRIAL CONFERENCE
AND TRIAL DATE ; ORDER THEREON

vs.
THE CITY AND COUNTY OF SAN
FRANCISCO, THE SAN FRANCISCO FIRE
DEPARTMENT, THE SAN FRANCISCO
FIRE COMMISSION, and THE CIVIL
SERVICE COMMISSION OF SAN
FRANCISCO,
Defendants.

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STIP. AND [PROPOSED] ORDER
CASE NO. CV 11 4950 MMC

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In accordance with the Section 7 of the Court’s Standing Orders for Civil Cases, the parties

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jointly seek relief with respect to the pending Pretrial Conference and Trial in this case. This case

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currently is set for trial on January 11, 2016, and the Court has scheduled a Pretrial Conference for

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December 15, 2015. Given the date of the Pretrial Conference, the parties’ joint Pretrial Statement and

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other supporting materials currently are due on December 4, 2015.

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Defendant City and County of San Francisco (City) moved for summary judgment on August

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7, 2015, and Plaintiffs Aaron C. Stevenson, Kevin D. Taylor, Kevin V. Smith, Audry Lee, and Kirk

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W. Richardson’s (Plaintiffs) moved for sanctions related to the City’s alleged spoliation of evidence

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the same date. Those matters were heard by the Court on September 18, 2015. The Court issued an

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order regarding Plaintiffs motion, but has yet to rule on the City’s motion for summary judgment.

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This is a complex employment discrimination case. In the operative complaint, Plaintiffs have

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alleged sixteen separate and independent claims for relief. Some of those claims are brought on behalf

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of all the Plaintiffs and others are brought on behalf of only some of them. The facts relevant to some

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of those claims are identical or similar for all of the Plaintiffs and the facts relevant to others are

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unique to individual Plaintiffs. By its motion for summary judgment, the City sought to avoid trial

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altogether or, at a minimum, to reduce the scope of the issues and claims in dispute.

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Because the Court has yet to issue its ruling on the City’s motion, it is difficult for the parties

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to prepare effectively and efficiently for the Pretrial Conference and for trial. Moreover, moving

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forward with such preparations at this time is likely to lead to the expenditure of significant time and

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money preparing for a trial that might not happen or to try issues and claims that may not survive. The

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parties believe that a ruling on the City’s motion is essential to their ability to prepare for and assist the

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Court in the most efficient trial of whatever claims survive summary judgment. Given that only two

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weeks remain (including the Thanksgiving Holiday) before the Pretrial Conference Statement is due,

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the parties believe the current dates for the Pretrial Conference and trial should be vacated.

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Accordingly, the parties request the Court grant this joint request.

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STIP. AND [PROPOSED] ORDER
CASE NO. CV 11 4950 MMC

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The parties further agree to meet and confer within 5 court days of the Court’s summary

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judgment order to select the earliest date available and practical for trial of this case. Moreover, the

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parties will go forward with the settlement conference currently scheduled for December 14, 2015.

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SO STIPULATED.

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Dated: November 18, 2015

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By: /s/ Jonathan Rolnick
JONATHAN ROLNICK

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Attorneys for Defendant
CITY AND COUNTY OF SAN FRANCISCO

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DENNIS J. HERRERA
City Attorney
ELIZABETH S. SALVESON
Chief Labor Attorney
JONATHAN ROLNICK
JENICA D. MALDONADO
Deputy City Attorneys

Dated: November 18, 2015

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LAW OFFICES OF MURLENE RANDLE
By: /s/ Murlene J. Randle
MURLENE J. RANDLE
Attorneys for Plaintiffs

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I, Jonathan Rolnick, attest that I obtained the consent of Plaintiffs’ counsel, Murlene J. Randle,
to file this pleading with the Court.
Dated: November 18, 2015

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JONATHAN ROLNICK
Deputy City Attorney
By: /s/ Jonathan Rolnick

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STIP. AND [PROPOSED] ORDER
CASE NO. CV 11 4950 MMC

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[PROPOSED] ORDER VACATING PRETRIAL CONFERENCE AND TRIAL DATES

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For good cause appearing, the Court hereby vacates the December 15, 2015 Pretrial

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Conference and January 11, 2016 Trial date in this action. The parties shall, within 5 court days of the

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Court’s summary judgment order, contact the Court to determine available trial date and advise the

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Court of the earliest date available and practical for trial of this case.

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IT IS SO ORDERED.
Dated: November __, 2015
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_________________________________________
JUDGE MAXINE M. CHESNEY
United States District Court

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STIP. AND [PROPOSED] ORDER
CASE NO. CV 11 4950 MMC

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