Ashley v. City and County of San Francisco et al

Filing 65

ORDER GRANTING AS MODIFIED 63 Motion to Continue Fact and Expert Discovery Deadlines, Dispositive Motions Deadline, and Trial Date. Discovery due by 3/8/2013. Exhibit List due by 3/22/2013. Jury Trial set for 8/12/2013 08:00 AM in Courtroom 11, 19th Floor, San Francisco before Hon. Jeffrey S. White. Motion Hearing set for 5/10/2013 09:00 AM in Courtroom 11, 19th Floor, San Francisco before Hon. Jeffrey S. White. Pretrial Conference set for 7/22/2013 02:00 PM in Courtroom 11, 19th Floor, San Francisco before Hon. Jeffrey S. White.. Signed by Judge JEFFREY S. WHITE on 12/14/12. (jjoS, COURT STAFF) (Filed on 12/14/2012) Modified on 12/14/2012 (jjoS, COURT STAFF).

Case3:12-cv-00045-JSW Document63 Filed12/13/12 Page1 of 7

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DENNIS J. HERRERA, State Bar #139669
City Attorney
CHERYL ADAMS, State Bar #164194
Chief Trial Deputy
BRADLEY A. RUSSI, State Bar #256993
LEILA K. MONGAN, State Bar #271287
Deputy City Attorneys
Fox Plaza
1390 Market Street, Sixth Floor
San Francisco, California 94102-5408
Telephone:
[phone] [Mongan]
Telephone:
[phone] [Russi]
Facsimile:
[phone]
E-Mail:
[e-mail]
E-Mail:
[e-mail]
Attorneys for Defendant
CITY AND COUNTY OF SAN FRANCISCO, et al.

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA
JAMESON ASHLEY,
Plaintiff,
vs.
CITY AND COUNTY OF SAN
FRANCISCO, MICHAEL HENNESSEY,
individually and in his official capacity as
Sheriff of the San Francisco County Sheriff's
Department; and DOES 1 to 30,

Case No. CV-12-0045 JSW
JOINT MOTION TO EXTEND DEADLINES
FOR COMPLETION OF FACT DISCOVERY,
EXPERT DISCOVERY, DISPOSITIVE
MOTIONS, AND TRIAL DATE;
STIPULATION; DECLARATION OF
BRADLEY A. RUSSI; [PROPOSED] ORDER
Trial Date:

April 29, 2013

Defendants.

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Pursuant to Local Rule 6-3, Defendants CITY AND COUNTY OF SAN FRANCISCO and

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CURTIS EDWARDS (“Defendants”) and Plaintiff JAMESON ASHLEY (“Plaintiff”) hereby request

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an order extending the deadline for completion of fact-based discovery from December 14, 2012 to

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March 8, 2013, extending the deadline for completion of expert discovery from January 25, 2013 to

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March 22, 2013, continuing the final day to hear dispositive motions from January 18, 2013 to May
Jt. Motion re. Deadlines, Trial Date
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Ashley v. CCSF, et al.; CV-12-0045 JSW

Case3:12-cv-00045-JSW Document63 Filed12/13/12 Page2 of 7

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10, 2013, continuing the final pre-trial conference from April 8, 2013 to July 15, 2013 at 2:00 p.m.,

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and continuing the trial date from April 29, 2013 to August 5, 2013.

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These extensions are necessary in order for the parties to complete discovery. There is

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presently pending a request for the Court to resolve a discovery dispute with respect to the Rule 35

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mental examination of Plaintiff requested by Defendants. This examination cannot be completed

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within the discovery period. Deputy Edwards was only recently added as a party to this case by the

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Court’s order on November 16, 2012. Discovery propounded by Deputy Edwards has not yet come

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due, and there is insufficient time in the discovery period for him to propound any follow-up discovery

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or to move to compel, if necessary. There are further depositions that have not yet been completed,

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due to scheduling issues.
Defendants anticipate filing a dispositive motion but cannot do so until after the completion of

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discovery. As a result, the deadline to hear dispositive motions must be extended, which will

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necessarily alter the trial date.

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If the Court is not inclined to grant the requested extensions of time or otherwise has a

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scheduling conflict with the dates proposed, the parties request that the Court set a case management

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conference at which the parties and the Court can agree to new dates.

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Jt. Motion re. Deadlines, Trial Date
Ashley v. CCSF, et al.; CV-12-0045 JSW

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Case3:12-cv-00045-JSW Document63 Filed12/13/12 Page3 of 7

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STIPULATION
Plaintiff Jameson Ashley and Defendants City and County of San Francisco and Curtis
Edwards, by and through their attorneys of record, hereby stipulate that the deadline for completion of
fact-based discovery be extended from December 14, 2012 to March 8, 2013, the deadline for
completion of expert discovery be extended from January 25, 2013 to March 22, 2013, the final day to
hear dispositive motions be continued from January 18, 2013 to May 10, 2013, the final pre-trial
conference be continued from April 8, 2013 to July 15, 2013 at 2:00 p.m., and the trial date be
continued from April 29, 2013 to August 5, 2013.

Dated: December 13, 2012
DENNIS J. HERRERA
City Attorney
CHERYL ADAMS
Chief Trial Deputy
BRADLEY A. RUSSI
LEILA K. MONGAN
Deputy City Attorneys

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By: /s/ Bradley A. Russi
BRADLEY A. RUSSI

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Attorneys for Defendant
CITY AND COUNTY OF SAN FRANCISCO

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Dated: December 13, 2012

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SIMS, CURRAN & OCKEN

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By: /s/*
STUART R. CURRAN
Attorneys for Plaintiff
JAMESON ASHLEY

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* Pursuant to General Order 45, § X.B., the filer of this document attests that he has received the
concurrence of this signatory to file this document.
Jt. Motion re. Deadlines, Trial Date
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Ashley v. CCSF, et al.; CV-12-0045 JSW

Case3:12-cv-00045-JSW Document63 Filed12/13/12 Page7 of 7

[PROPOSED] ORDER

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Based on the above application, and for good cause appearing, IT IS ORDERED as follows:

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The deadline to complete fact discovery is extended to March 8, 2013. The deadline for

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completion of expert discovery is extended to March 22, 2013. The final day to hear dispositive
July 22, 2013
motions is extended to May 10, 2013. The final pre-trial conference is continued to July 15, 2013 at
August 12, 2013
2:00 p.m. The trial date is continued to August 5, 2013.

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IT IS SO ORDERED.

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December 14, 2012
Dated: _______________________

THE HONORABLE JEFFREY S. WHITE
UNITED STATES DISTRICT JUDGE

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Jt. Motion re. Deadlines, Trial Date
Ashley v. CCSF, et al.; CV-12-0045 JSW

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