Cuviello et al v. City and County of San Francisco et al
Filing
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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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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
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Attorneys for Defendants
CITY AND COUNTY OF SAN FRANCISCO, SAN FRANCISCO POLICE OFFICER N. YU, SAN
FRANCISCO PARK RANGER J. MITRA
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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JOSEPH P. CUVIELLO, DENIZ
BOLBOL, AND ALEX FELSINGER,
individually,
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Plaintiffs,
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Case No. CV 12-3034 EMC
Action filed: June 12, 2012
vs.
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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,
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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.
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Trial Date: None Set
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Stipulation and Proposed Order
USDC No. CV 12 3034 EMC
n:\cxlit\li2013\121412\00842241.doc
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On April 15, 2013, the Court issued a written order granting in part and denying in part
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Defendants’ Motion to Dismiss Plaintiffs’ First Amended Complaint. Pursuant to that order,
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Plaintiffs have 30 days to file a Second Amended Complaint stating allegations to renew those claims
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this Court dismissed without prejudice. Plaintiffs’ Second Amended Complaint is currently due on
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May 15, 2013. The parties to this case are also scheduled to attend a further Case Management
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Conference before the Court on May 9, 2013.
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On April 19, 2013, the parties attended a settlement conference before Magistrate Judge
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Laurel Beeler. The parties wish to have additional settlement discussions with Judge Beeler, and
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wish to extend the current deadlines in this case to allow those discussions to continue, as described
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in the attached Declaration of Aileen McGrath. Accordingly, the parties request that the deadlines in
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the case be extended by two weeks, so that Plaintiffs’ Second Amended Complaint will be filed no
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later than May 29, 2013, and the further Case Management Conference will be held on May 23, 2013.
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Dated: April 22, 2013
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DENNIS J. HERRERA
City Attorney
AILEEN M. McGRATH
Deputy City Attorney
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By:
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/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
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Date: April 22, 2013
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MATT SPRINGMAN
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By:
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/s/ Matt Springman
MATT SPRINGMAN
Attorney for Plaintiff DENIZ BOLBOL
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Stipulation and Proposed Order
USDC No. CV 12 3034 EMC
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Dated: April 22, 2013
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GONZALEZ & LEIGH LLP
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By:
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/s/ G. Whitney Leigh
G. WHITNEY LEIGH
Attorney for Plaintiff ALEX FELSINGER
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Dated: April 22, 2013
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JOSEPH P. CUVIELLO
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By:
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/s/ Joseph Cuviello
JOSEPH P. CUVIELLO
Plaintiff In Pro Se
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*THE FILER OF THIS DOCUMENT ATTESTS THAT CONCURRENCE IN THE FILING OF
THIS DOCUMENT HAS BEEN OBTAINED FROM ALL SIGNATORIES
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Stipulation and Proposed Order
USDC No. CV 12 3034 EMC
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[PROPOSED] ORDER
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Good cause having been shown, the parties' Stipulation To (1) Extend Time To File Second
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Amended Complaint and (2) Continue Further Case Management Conference is GRANTED.
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Plaintiffs shall file their Second Amended Complaint on or before May 29, 2013. The Case
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Management Conference will be held on May 23, 2013 at 10:30 a.m.
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S
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HON. EDWARD M.RDERE
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United States
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4/23/13
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Stipulation and Proposed Order
USDC No. CV 12 3034 EMC
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PROOF OF SERVICE
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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:
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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.
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/s/ Alison Lambert
Alison Lambert
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Stipulation and Proposed Order
USDC No. CV 12 3034 EMC
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