Haynes v. City and County of San Francisco et al

Filing 34

STIPULATION AND ORDER TO CONTINUE TRIAL DATE. Signed by Magistrate Judge Maria-Elena James on 1/9/2014. (rmm2S, COURT STAFF) (Filed on 1/9/2014)

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CHARLES BONNER, State Bar #85413
CABRAL A. BONNER, State Bar #247528
Law Offices of Bonner & Bonner
475 Gate Five Road, Suite 212
Sausalito, CA 94965
Facsimile: [phone]
E-Mail:
[e-mail]
[e-mail]
Attorneys for Plaintiff
PAUL M. HAYNES
DENNIS J. HERRERA, State Bar #139669
City Attorney
ELIZABETH SALVESON, State Bar #83788
Chief Labor Attorney
NA'IL BENJAMIN, State Bar #240354
Deputy City Attorneys
Fox Plaza
1390 Market Street, Fifth Floor
San Francisco, California 94102-5408
Telephone:
[phone]
Facsimile:
[phone]
E-Mail:
na'[e-mail]
Attorneys for Defendants
CITY AND COUNTY OF SAN FRANCISCO,
ANDREW GUILLORY, LENIDA REYES and STEPHEN YEUNG

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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PAUL M. HAYNES,

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Plaintiff,

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vs.

Case No. CV 13-1567 MEJ

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CITY AND COUNTY OF SAN
FRANCISCO, ANDREW GUILLORY,
LENIDA REYES, STEPHEN YEUNG, AND
DOES 1 THROUGH 50, INCLUSIVE,

JOINT STIPULATION AND [PROPOSED]
ORDER TO CONTINUE TRIAL DATE
Trial Date: August 11, 2014

Defendants.

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JOINT STIP. & [PROPOSED] ORDER TO
CONTINUE TRIAL DATE

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Pursuant to Local Rule 6-2, the Parties hereby stipulate to continue the trial date, and therefore

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request that the Court continue the trial date from August 11, 2014 to January 26, 2015. For the

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reasons summarized below, and set forth in greater detail in the Declaration of Na’il Benjamin, the

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Parties request that the Court set the following trial schedule:

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A. Completion of Non-Expert Discovery:

August 29, 2014

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B. Complete Expert Discovery:

September 19, 2014

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C. Last Day To Hear Dispositive Motions: October 30, 2014

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D. Final Pre-Trial Conference:

December 17, 2014

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E. Trial Date:

January 26, 2015

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The Parties cannot complete fact discovery, submit dispositive motions, or otherwise properly
prepare this matter for trial for several reasons; including:
(1) Lawrence Hecimovich, prior lead trial counsel for defendants, began
observing a long term leave from his position with the City in October 2013;
(2) Na’il Benjamin, the attorney now assigned to this matter, was scheduled to
begin parental leave on December 23, 2013 through March 2014, and had a
previously set trial calendar in 2014 which conflicts with the ability to complete
discovery and adequately prepare for trial in this matter before January 2015;
and
(3) the parties have rescheduled their settlement conference and are actively
discussing settlement with hopes of avoiding unnecessary costs and litigation.
As a result of Mr. Hecimovich’s leave of absence, Mr. Benjamin is new to this litigation and

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will need sufficient time to understand the facts, arguments, and legal issues. However, Mr.

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Benjamin’s son was born on December 22, 2013, and he was scheduled to begin parental leave on

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December 23, 2013. He is currently scheduled to return to work in March 2014 and cannot fully

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engage in that process until he returns.

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According to the current Case Management Order, Mr. Benjamin will be observing parental

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leave when several critical deadlines will pass: (1) disclosure of expert witnesses; (2) completion of

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fact discovery; (3) completion of expert discovery; and (4) the filing of dispositive motions.

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Moreover, Mr. Benjamin would not have been assigned to this matter long enough to be sufficiently

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prepared to complete these tasks by the currently scheduled deadlines.

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JOINT STIP. & [PROPOSED] ORDER TO
CONTINUE TRIAL DATE

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With these concerns in mind, the parties entered a stipulation to continue the date for

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completing the settlement conference. That conference is now scheduled for March 19, 2014.

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Although the parties are actively involved in discussing and evaluating settlement, the parties would

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like to hold-off on spending time and money litigating this matter until the parties have fully evaluated

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and pursued a settlement in this case.
Lastly, Mr. Benjamin is currently scheduled to be in labor negotiations regarding three

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different bargaining unit contracts between March 2014 and May 2014, interest arbitration on April

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24-27 and May 2, a two week jury trial before Judge Wilken beginning May 12, 2014, a labor

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arbitration scheduled on June 17, 2014, and another three week state court trial beginning July 14,

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2014.
Continuing the trial date through January 2015 at the earliest – and the related deadlines –

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serves the interest of justice, provides the parties fair and adequate time to complete preparation for

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trial, and avoids undue prejudice to Defendants due to the undersigned’s unavailability and newness to

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this litigation. For the reasons summarized above, and set forth in detail in the declaration of Na’il

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Benjamin, the Parties request that the Court set the following trial schedule:

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A. Completion of Non-Expert Discovery:

August 29, 2014

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B. Complete Expert Discovery:

September 19, 2014

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C. Last Day To Hear Dispositive Motions: October 30, 2014

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D. Final Pre-Trial Conference:

December 17, 2014

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E. Trial Date:

January 26, 2015

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Dated: January 9, 2014

LAW OFFICES OF BONNER & BONNER
CHARLES BONNER, ESQ.

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By:
/s:/Charles Bonner
CHARLES BONNER
Attorney for Plaintiff
PAUL M. HAYNES

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JOINT STIP. & [PROPOSED] ORDER TO
CONTINUE TRIAL DATE

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Dated: January 9, 2014

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DENNIS J. HERRERA
City Attorney
ELIZABETH SALVESON
Chief Labor Attorney
NA'IL BENJAMIN
Deputy City Attorneys
By:
/s:/Na’il Benjamin
NA’IL BENJAMIN
Attorneys for Defendants
CITY AND COUNTY OF SAN FRANCISCO, et al.

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JOINT STIP. & [PROPOSED] ORDER TO
CONTINUE TRIAL DATE

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PURSUANT TO STIPULATION, IT IS SO ORDERED THAT:

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The currently scheduled trial date of August 11, 2014, shall be continued to January 26, 2015.

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The new pre-trial schedule is as follows:

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A. Completion of Non-Expert Discovery:

August 29, 2014

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B. Complete Expert Discovery:

September 19, 2014

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C. Last Day To Hear Dispositive Motions: October 30, 2014

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D. Final Pre-Trial Conference:

December 17, 2014

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E. Trial Date:

January 26, 2015

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[PROPOSED] ORDER

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Dated:

January 9, 2014

MARIA ELENA JAMES
UNITED STATES DISTRICT COURT MAGISTRATE
JUDGE

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JOINT STIP. & [PROPOSED] ORDER TO
CONTINUE TRIAL DATE

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