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

Filing 88

STIPULATION AND ORDER re 87 To (1) Extend Time To File Second Amended Complaint (2) Continue Further Case Management Conference to 5/23/13 at 10:30 a.m. filed by N. Yu, San Francisco Recreation and Park Department, J. Mitra, City and County of San Francisco. Signed by Judge Edward M. Chen on 4/23/13. (bpf, COURT STAFF) (Filed on 4/23/2013)

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1 2 3 4 5 6 DENNIS J. HERRERA, State Bar #139669 City Attorney OWEN J. CLEMENTS, State Bar #141805 Chief of Complex and Special Litigation AILEEN M. McGRATH, State Bar # 280846 Deputy City Attorney Fox Plaza 1390 Market Street, Seventh Floor San Francisco, California 94102-5408 Telephone: (415) 554-4236 Facsimile: (415) 554-3837 E-Mail: aileen.mcgrath@sfgov.org 7 8 9 Attorneys for Defendants CITY AND COUNTY OF SAN FRANCISCO, SAN FRANCISCO POLICE OFFICER N. YU, SAN FRANCISCO PARK RANGER J. MITRA 10 11 UNITED STATES DISTRICT COURT 12 NORTHERN DISTRICT OF CALIFORNIA 13 14 JOSEPH P. CUVIELLO, DENIZ BOLBOL, AND ALEX FELSINGER, individually, 15 Plaintiffs, 16 17 Case No. CV 12-3034 EMC Action filed: June 12, 2012 vs. 21 CITY AND COUNTY OF SAN FRANCISCO, SAN FRANCISCO RECREATION AND PARK DEPARTMENT, SAN FRANCISCO POLICE OFFICER N. YU, SAN FRANCISCO PARK RANGER J. MITRA and DOES 1-20, in their individual and official capacities, Jointly and Severally, 22 STIPULATION AND [PROPOSED] ORDER TO (1) EXTEND TIME TO FILE SECOND AMENDED COMPLAINT (2) CONTINUE FURTHER CASE MANAGEMENT CONFERENCE (Civil L.R. 6-2) Defendants. 18 19 20 Trial Date: None Set 23 24 25 26 27 28 Stipulation and Proposed Order USDC No. CV 12 3034 EMC n:\cxlit\li2013\121412\00842241.doc 1 On April 15, 2013, the Court issued a written order granting in part and denying in part 2 Defendants’ Motion to Dismiss Plaintiffs’ First Amended Complaint. Pursuant to that order, 3 Plaintiffs have 30 days to file a Second Amended Complaint stating allegations to renew those claims 4 this Court dismissed without prejudice. Plaintiffs’ Second Amended Complaint is currently due on 5 May 15, 2013. The parties to this case are also scheduled to attend a further Case Management 6 Conference before the Court on May 9, 2013. 7 On April 19, 2013, the parties attended a settlement conference before Magistrate Judge 8 Laurel Beeler. The parties wish to have additional settlement discussions with Judge Beeler, and 9 wish to extend the current deadlines in this case to allow those discussions to continue, as described 10 in the attached Declaration of Aileen McGrath. Accordingly, the parties request that the deadlines in 11 the case be extended by two weeks, so that Plaintiffs’ Second Amended Complaint will be filed no 12 later than May 29, 2013, and the further Case Management Conference will be held on May 23, 2013. 13 14 Dated: April 22, 2013 15 DENNIS J. HERRERA City Attorney AILEEN M. McGRATH Deputy City Attorney 16 17 By: 18 19 /s/ Aileen M. McGrath AILEEN M. McGRATH Attorneys for Defendants CITY AND COUNTY OF SAN FRANCISCO, SAN FRANCISCO POLICE OFFICER N. YU, SAN FRANCISCO PARK RANGER J. MITRA 20 21 22 23 Date: April 22, 2013 24 MATT SPRINGMAN 25 26 By: 27 /s/ Matt Springman MATT SPRINGMAN Attorney for Plaintiff DENIZ BOLBOL 28 Stipulation and Proposed Order USDC No. CV 12 3034 EMC 1 n:\cxlit\li2013\121412\00842241.doc 1 Dated: April 22, 2013 2 GONZALEZ & LEIGH LLP 3 By: 4 5 /s/ G. Whitney Leigh G. WHITNEY LEIGH Attorney for Plaintiff ALEX FELSINGER 6 7 Dated: April 22, 2013 8 JOSEPH P. CUVIELLO 9 By: 10 11 /s/ Joseph Cuviello JOSEPH P. CUVIELLO Plaintiff In Pro Se 12 13 14 *THE FILER OF THIS DOCUMENT ATTESTS THAT CONCURRENCE IN THE FILING OF THIS DOCUMENT HAS BEEN OBTAINED FROM ALL SIGNATORIES 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Stipulation and Proposed Order USDC No. CV 12 3034 EMC 2 n:\cxlit\li2013\121412\00842241.doc [PROPOSED] ORDER 1 2 Good cause having been shown, the parties' Stipulation To (1) Extend Time To File Second 3 Amended Complaint and (2) Continue Further Case Management Conference is GRANTED. 4 Plaintiffs shall file their Second Amended Complaint on or before May 29, 2013. The Case 5 Management Conference will be held on May 23, 2013 at 10:30 a.m. 6 S dward Judge E NO 10 RT 11 ER 13 A H 12 n M. Che LI 9 R NIA D HON. EDWARD M.RDERE SO O CHEN IT IS District Judge United States 8 FO 4/23/13 UNIT ED DATED: RT U O 7 S DISTRICT TE C TA N F D IS T IC T O R C 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Stipulation and Proposed Order USDC No. CV 12 3034 EMC 3 n:\cxlit\li2013\121412\00842241.doc PROOF OF SERVICE 1 2 3 4 5 6 7 8 I, Alison Lambert, declare as follows: I am a citizen of the United States, over the age of eighteen years and not a party to the aboveentitled action. I am employed at the City Attorney’s Office of San Francisco, Fox Plaza Building, 1390 Market Street, Seventh Floor, San Francisco, CA 94102. On April 22, 2013, I served the following document(s): STIPULATION AND [PROPOSED] ORDER TO (1) EXTEND TIME TO FILE SECOND AMENDED COMPLAINT (2) CONTINUE FURTHER CASE MANAGEMENT CONFERENCE (Civil L.R. 6-2) on the following persons at the locations specified: 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 JOSEPH P. CUVIELLO P.O. Box 2834 Redwood City, CA 94064 Telephone: 650-654-9955 Email: pcuvie@gmail.com Plaintiff in Pro Se in the manner indicated below: BY UNITED STATES MAIL: Following ordinary business practices, I sealed true and correct copies of the above documents in addressed envelope(s) and placed them at my workplace for collection and mailing with the United States Postal Service. I am readily familiar with the practices of the San Francisco City Attorney's Office for collecting and processing mail. In the ordinary course of business, the sealed envelope(s) that I placed for collection would be deposited, postage prepaid, with the United States Postal Service that same day. BY ELECTRONIC MAIL: Based on a court order or an agreement of the parties to accept electronic service, I caused the documents to be sent to the person(s) at the electronic service address(es) listed here: lrivers@gonzalezleigh.com; pcuvie@gmail.com; springman.matt@gmail.com; trent_thornley@sbcglobal.net; wleigh@gonzalezleigh.com. Such document(s) were transmitted via electronic mail from the electronic address: in portable document format ("PDF") Adobe Acrobat or in Word alison.lambert@sfgov.org document format. I declare under penalty of perjury pursuant to the laws of the State of California that the foregoing is true and correct. Executed April 22, 2013, at San Francisco, California. 25 /s/ Alison Lambert Alison Lambert 26 27 28 Stipulation and Proposed Order USDC No. CV 12 3034 EMC n:\cxlit\li2013\121412\00842241.doc

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