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

Filing 76

ORDER STAYING CASE for 60 DAYS, STIPULATION AND ORDER re 75 STIPULATION WITH PROPOSED ORDER TO STAY PROCEEDINGS AND TO DISMISS PLAINTIFF RUSSELL MILLS FROM THIS ACTION filed by George Davis, Oxane "Gypsy" Taub Case Manage ment Statement due by 7/17/2014. Further Case Management Conference/Plaintiffs' motion for leave to file second amended complaint set for 7/24/2014 01:30 PM in Courtroom 5, 17th Floor, San Francisco.. Signed by Judge Edward M. Chen on 3/18/14. (bpf, COURT STAFF) (Filed on 3/18/2014)

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THE LAW OFFICE OF D. GILL SPERLEIN
345GROVE STREET
TEL: [phone] SAN FRANCISCO, CA 94102 FAX: [phone]

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D. GILL SPERLEIN, SBN 172887
THE LAW OFFICE OF D. GILL SPERLEIN
345 Grove Street
San Francisco, CA 94114
Telephone: [phone]
Facsimile: [phone]
[e-mail]
Attorneys for Plaintiffs
OXANE “GYPSY” TAUB and GEORGE DAVIS
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
SAN FRANCISCO DIVISION

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OXANE “GYPSY” TAUB and GEORGE
DAVIS,
Plaintiffs,
v.
CITY AND COUNTY of SAN
FRANCISCO, and SAN FRANCISCO
POLICE DEPARTMENT,
Defendants.

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Case № 3:12-cv-05841-EMC (NJV)
STIPULATED REQUEST TO STAY
PROCEEDINGS AND TO DISMISS
PLAINTIFF RUSSELL MILLS FROM
THIS ACTION

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WHEREAS the Parties attended a settlement conference on March 12, 2014, during
which they discussed a proposal that may allow the Parties to settle this action;

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WHEREAS the Parties need additional time to consider that settlement proposal;
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WHEREAS, Magistrate Judge Vadas has agreed to continue to preside over any
future settlement negotiations between the Parties;
WHEREAS Plaintiffs’ motion for leave to file an amended complaint is currently due

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on March 31, 2014, with a hearing scheduled for May 8, 2014;
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WHEREAS, a Case Management Conference is currently scheduled for May 8, 2014;

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WHEREAS, Defendants agrees that Russell Mills has complied with his discovery

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obligations, and therefore may be dismissed from this action according to the Court’s Order

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dated July 18, 2013;

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The Parties do thereby STIPULATE and AGREE to stay all aspects of the

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proceedings for 60 days, and to dismiss Russell Mills from this action. The Parties hereby
request that the Court enter the following Order.

THE LAW OFFICE OF D. GILL SPERLEIN
345GROVE STREET
TEL: [phone] SAN FRANCISCO, CA 94102 FAX: [phone]

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IT IS SO STIPULATED AND AGREED.

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Dated: March 13, 2014

/s/ D. Gill Sperlein
D. GILL SPERLEIN
THE LAW OFFICE OF D. GILL SPERLEIN
Attorney for Plaintiffs Oxane Taub and George Davis

Dated: March 13, 2014

DENNIS J. HERRERA
City Attorney

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By: /s/ Tara M. Steeley
TARA M. STEELEY
Attorneys for Defendants
CITY AND COUNTY OF SAN FRANCISCO,
SAN FRANCISCO POLICE DEPARTMENT

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[PROPOSED] ORDER

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The proceedings are hereby stayed for 60 days, during which time Magistrate Judge
Vadas shall preside over any continued settlement negotiations.
Discovery is stayed for 60 days. Plaintiffs’ deadline for filing a motion for leave to
file a second amended complaint shall be extended to June 18, 2014, with that motion set for

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hearing on July 24, 2014 at 1:30 pm. The Case Management Conference is hereby continued
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to July 24, 2014 at 1:30 pm.
Russell Mills is hereby dismissed as a Plaintiff in this action.

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IT IS SO ORDERED
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3/18/14
Dated: ________________

DERED
SO OR
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U.S. DISTRICT JUDGE EDWARD M. CHEN

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THE LAW OFFICE OF D. GILL SPERLEIN
345GROVE STREET
TEL: [phone] SAN FRANCISCO, CA 94102 FAX: [phone]

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