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

Filing 99

STIPULATION AND ORDER re 98 Stipulated Request To Extend Time To File Second Amended Complaint And To Continue Case Management Conference filed by N. Yu, Joseph P. Cuviello, Alex Felsinger, San Francisco Recreation and Park Depar tment, Deniz Bolbol, J. Mitra, City and County of San Francisco Case Management Statement due by 11/14/2013. Further Case Management Conference set for 11/21/2013 10:30 AM in Courtroom 5, 17th Floor, San Francisco.. Signed by Judge Edward M. Chen on 9/30/13. (bpf, COURT STAFF) (Filed on 9/30/2013)

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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 Attorneys
Fox Plaza
1390 Market Street, Seventh Floor
San Francisco, California 94102-5408
Telephone:
[phone]
Facsimile:
[phone]
E-Mail:
[e-mail]

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Attorneys for Defendants
CITY AND COUNTY OF SAN FRANCISCO, SAN FRANCISCO RECREATION AND PARK
DEPARTMENT, 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,
Plaintiffs,

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vs.

Case No. CV 12-3034 EMC
STIPULATED REQUEST TO EXTEND
TIME TO FILE SECOND AMENDED
COMPLAINT AND TO CONTINUE
CASE MANAGEMENT
CONFERENCE

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,
Defendants.

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Stipulation and Proposed Order
USDC No. CV 12 3034 EMC

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The schedule in this case currently requires Plaintiffs to file a Second Amended Complaint on

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or before October 2, 2013. The case is also set for a further Case Management Conference on

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October 8, 2013.

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The parties in this case have reached a settlement, which is contingent upon approval by the

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San Francisco Board of Supervisors. The ordinance providing for such approval is currently pending

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before the Board of Supervisors. The parties do not expect that the Board of Supervisors will act on

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the ordinance until after the time to file a case management conference statement has passed.

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The parties therefore agree and stipulate to extending the time for Plaintiffs to file a Second
Amended Complaint to and including November 12, 2013. The parties further stipulate and request

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that this Court continue the further Case Management Conference to November 14, 2013. The reason

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for the request is to give the Board of Supervisors time to complete the approval process, which will

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obviate the need for a Second Amended Complaint to be filed and will impact the further schedule of

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the case.

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No other dates are currently set in this case. Therefore, the requested extensions will not

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affect the schedule of this case.

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Dated: September 26, 2013

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DENNIS J. HERRERA
City Attorney
OWEN J. CLEMENTS
Chief of Complex and Special Litigation
AILEEN M. McGRATH
Deputy City Attorneys

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By:

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/s/ Aileen M. McGrath
AILEEN M. McGRATH

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Attorneys for Defendants
CITY AND COUNTY OF SAN FRANCISCO, SAN
FRANCISCO RECREATION AND PARK
DEPARTMENT, SAN FRANCISCO POLICE
OFFICER N. YU, SAN FRANCISCO PARK RANGER
J. MITRA

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Stipulation and Proposed Order
USDC No. CV 12 3034 EMC

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Date: September 26, 2013
MATT SPRINGMAN

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/s/ Matt Springman
MATT SPRINGMAN

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Attorney for Plaintiff DENIZ BOLBOL

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By:

Dated: September 26, 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: September 26, 2013

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JOSEPH P. CUVIELLO
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By:

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/s/ Joseph P. 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’ Stipulated Request to Extend Time to File

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Second Amended Complaint and To Continue Case Management Conference is GRANTED. The

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deadline for the Plaintiffs to file a Second Amended Complaint is November 12, 2013. The Further

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Case Management Conference is reset from October 8 to November 14, 2013 at 10:30 a.m.

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NO

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HONORABLE EDWARD M. CHEN
DERED
UnitedO OR District Judge
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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 September 27, 2013, I served the following document(s):
STIPULATED REQUEST TO EXTEND TIME TO FILE SECOND AMENDED
COMPLAINT AND TO CONTINUE CASE MANAGEMENT CONFERENCE
on the following persons at the locations specified:

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JOSEPH P. CUVIELLO
P.O. Box 2834
Redwood City, CA 94064
Telephone: [phone]
Email: [e-mail]
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.
I declare under penalty of perjury pursuant to the laws of the State of California that the
foregoing is true and correct.
Executed September 27, at San Francisco, California.
/s/ Alison Lambert
Alison Lambert

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Stipulation and Proposed Order
USDC No. CV 12 3034 EMC

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