Bosnak v. City and County of San Francisco et al

Filing 18

ORDER granted 17 STIPULATION re 5 Initial Case Management Scheduling Order with ADR Deadlines filed by Laguna Honda Hospital and Rehabiliation Center, City and County of San Francisco. Case Management Statement due by 10/23/2014. Initial Case Management Conference reset for 10/30/2014 01:30 PM in Courtroom F, 15th Floor, San Francisco. Response to FAC due 9/2/2014. Signed by Judge Jacqueline Scott Corley on 8/5/2014. (beS, COURT STAFF) (Filed on 8/5/2014)

1
2
3
4
5
6
7
8

DENNIS J. HERRERA, State Bar #139669
City Attorney
ELIZABETH SALVESON, State Bar #83788
Chief Labor Attorney
JONATHAN C. ROLNICK, State Bar #151814
Deputy City Attorney
1390 Market Street, Fifth Floor
San Francisco, California 94102-5408
Telephone:
[phone]
Facsimile:
[phone]
E-Mail:
[e-mail]
Attorneys for Defendant(s)
CITY AND COUNTY OF SAN FRANCISCO

9
10

UNITED STATES DISTRICT COURT

11

NORTHERN DISTRICT OF CALIFORNIA

12

GREGG S. BOSNAK,

13

Plaintiff,

14

vs.

15
16
17
18

Case No. CV 14-01429JSC
STIPULATION AND ORDER
TO CONTINUE CASE MANAGEMENT
CONFERENCE

THE CITY AND COUNTY OF SAN
FRANCISCO, LAGUNA HONDA
HOSPITAL AND REHABILITATION
CENTER,
Defendant(s).

19
20
21
22
23
24
25
26
27
28

Plaintiff Gregg S. Bosnak originally filed this action on March 28, 2014. At the time, he
requested leave to proceed In Forma Pauperis. On March 31, 2014, the Court issued an initial
scheduling Order, which, among other things, set a case management conference for August 14, 2014.
On April 14, 2014, the Court granted Plaintiff’s application to proceed In Forma Pauperis.
On May 15, 2014, the Court dismissed Plaintiff’s complaint sua sponte, with leave to file an
amended Complaint. On June 5, 2014, Plaintiff filed the First Amended Complaint (FAC). On June
30, 2014, the Court entered an Order to Issue Summons. The Court issued the Summons on July 10,
2014 to the United States Marshall’s Office. The United States Marshall’s Office served the
STIP. AND [PROPOSED] ORDER
CASE NO. CV 14-01429JSC

1

n:\labor\li2014\150076\00947202.doc

1

Summons and FAC on Defendant City and County of San Francisco, including its constituent

2

department Laguna Honda Hospital and Rehabilitation Center, on July 21, 2014. The City’s response

3

to the FAC currently is due on or before August 11, 2014.

4

Given the delay in service, the parties have not had sufficient time to satisfy the requirements

5

of the initial scheduling order such as compliance with the meet and confer requirements under

6

Federal Rule 26(f) or ADR certification under Civil Local Rule 16-8(b). Nor are the parties prepared

7

to prepare and file a joint case management conference statement by August 7, 2014 as required by the

8

scheduling order.

9
10
11
12

According, IT IS HEREBY STIPULATED BY AND BETWEEN THE PARTIES, that:
1.

The City shall have an extension of time up to and including September 2, 2014 to

respond the First Amended Complaint;
2.

The August 14, 2014 case management be continued 77-days to October 30, 2014, or as

13

soon thereafter as the conference may be scheduled, to provide the parties with additional time to

14

prepare for the initial case management conference. The parties further seek a corresponding

15

extension of the other dates set forth in the March 31, 2014 initial scheduling order.

16

//

17

//

18

//

19

//

20

//

21

//

22

//

23

//

24

//

25

//

26

//

27

//

28

//
STIP. AND [PROPOSED] ORDER
CASE NO. CV 14-01429JSC

2

n:\labor\li2014\150076\00947202.doc

1

The parties respectfully request that the Court enter an order commemorating this stipulation.

2
3

Dated: August 4, 2014

4

DENNIS J. HERRERA
City Attorney
ELIZABETH S. SALVESON
Chief Labor Attorney
JONATHAN ROLNICK
Deputy City Attorney

5
6
7
8
9

By: /s/ Jonathan Rolnick
JONATHAN ROLNICK1

10

Attorneys for Defendant
CITY AND COUNTY OF SAN FRANCISCO

11
12
13
14

Dated: August 4, 2014

15

The Legal Aid Society-Employment Law Center

16
17
By: /s/ William C. McNeill III
WILLIAM C McNEILL III
Attorney for Plaintiff GREGG S. BOSNAK

18
19
20
21
22
23
24
25
26
27
28

1

The City’s counsel obtain the consent of plaintiff’s counsel to the filing of this stipulation and proposed order.

STIP. AND [PROPOSED] ORDER
CASE NO. CV 14-01429JSC

3

n:\labor\li2014\150076\00947202.doc

ORDER CONTINUING CASE MANAGEMENT CONFERENCE

1
2

For good cause appearing,

3

1.

4
5

The City shall have an extension of time up to and including September 2, 2014 to

respond the First Amended Complaint; and
2.

The August 14, 2014 case management is continued 77-days to October 30, 2014, at

6

1:30 p.m. The dates set forth in the Court's initial scheduling order are also extended 77-days to

7

provide additional time for the parties to satisfy their obligations set forth therein. The parties shall

8

submit a joint case management conference statement no later than seven days before the October 30,

9

2014 conference.

S

NO

14

RT

ER

16
17

n e S c ot

t Corley

A

H

15

cqueli
J u d ge J a

R NIA

13

_________________________________________
ED
MAGISTRATERANT JACQUELINE S. CORLEY
G JUDGE
United States District Court

FO

12

LI

Dated: August 5, 2014

UNIT
ED

11

RT
U
O

10

S DISTRICT
TE
C
TA

N

F
D IS T IC T O
R

C

18
19
20
21
22
23
24
25
26
27
28
STIP. AND [PROPOSED] ORDER
CASE NO. CV 14-01429JSC

4

n:\labor\li2014\150076\00947202.doc