Yousif v. San Mateo County Sheriff et al

Filing 30

ORDER GRANTING 29 PLAINTIFFS ADMINISTRATIVE MOTION.(whalc2, COURT STAFF) (Filed on 2/11/2016)

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Russell A. Robinson (163937)
Law Office of Russell A. Robinson
345 Grove Street, Level One
San Francisco CA 94102
Telephone:
[phone]
Facsimile:
[phone]
[e-mail]
Counsel for Plaintiff
OSMAN YOUSIF

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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OSMAN YOUSIF,
Plaintiff,

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v.

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COUNTY OF SAN MATEO, SHERIFF
GREG MUNKS, et al.,

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Defendants.

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I.

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No.

15-CV-4887-WHA

PLAINTIFF’S ADMINISTRATIVE MOTION
FOR LEAVE TO FILE AMENDED
COMPLAINT ON OR BEFORE FEBRUARY
14, 2016; DECLARATION
[JURY TRIAL DEMANDED]

MOTION
TO THE HONORABLE COURT HEREIN:
PLAINTIFF IN THIS CASE HEREBY moves and applies to the Court for leave to file his

amended complaint or before February 14, 2016. This request is based on the following:

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On October 22 2015, Plaintiff caused this action to be filed in proper.

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Three, separate motions to dismiss have been filed by different groups of defendants.
After being retained on February 2, 2016, counsel determined that an amended complaint was

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_________________________________________________________________________________________________________
PLAINTIFF’S ADMINISTRATIVE MOTION FOR LEAVE
TO FILE AMENDED COMPLAINT ON OR BEFORE
FEBRUARY 14, 2016; DECLARATION
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Yousif v. County of San Mateo, et al.
P002ADMIN

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needed rather than opposition to one or more motions. Counsel notified the Court and

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opposing counsel of this intent on February 2, 2016. [DN 26]

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The continuing work and investigation, including the need to speak to a witness in the
State of Kansas, has been impeded by the sudden death of an unrelated client in an Oakland
Hills house fire the week of February 3, 2016, the need to assist several San Francisco Police
officers with personnel issues, and the need to start picking a jury in a case now going out in

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San Joaquin County (Helm v. Petz).
Depending upon what information counsel is able to gather on the judicial holiday,

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February 12, 2016, Osman Yousif’s claims may be greatly impacted.

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The amended complaint (AC) is due February 10, 2016.

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As of this filing, because of the press of business, counsel has been unable to meet and

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confer before this deadline.

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Thus, in view of the facts that there may be evidence critical to this case which likely will

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be available as February 12-13, 2016, that there is no prejudice to Defendants should the four-

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day extension be granted, and other factors discussed above, Plaintiff through the undersigned

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counsel respectfully requests that he be granted an additional four days to file his AC.

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Date: February 10, 2016

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Russell A. Robinson /s/
By:
Russell A. Robinson
Law Office of Russell A. Robinson
Counsel for Plaintiff
OSMAN YOUSIF

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///

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_________________________________________________________________________________________________________
PLAINTIFF’S ADMINISTRATIVE MOTION FOR LEAVE
TO FILE AMENDED COMPLAINT ON OR BEFORE
FEBRUARY 14, 2016; DECLARATION
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Yousif v. County of San Mateo, et al.
P002ADMIN

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II.

DECLARATION

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I, Russell A. Robinson, hereby declare as follows:

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1.

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I am an attorney licensed to practice before all courts of this State and am

admitted in the United States District Court for the Northern District of California. I am now
Plaintiff’s counsel of record herein. The below true and correct facts are of my own personal
knowledge except facts stated as based on information and belief; as to facts so stated, I

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believe these to be true.
2.

Plaintiff hereby moves, through me, and applies to the Court for leave to file his

amended complaint or before February 14, 2016.

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3.

On October 22 2015, Plaintiff caused this action to be filed in proper.

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4.

Three, separate motions to dismiss have been filed by different groups of

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defendants. After being retained on February 2, 2016, I determined that an amended complaint

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was needed rather than opposition to one or more motions. I notified the Court and opposing

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counsel of this intent on February 2, 2016. [DN 26]

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5.

The continuing work and investigation, including the need to speak to a witness

in the State of Kansas, has been impeded by the sudden death of an unrelated client in an
Oakland Hills house fire the week of February 3, 2016, the need to assist several San Francisco
Police officers with personnel issues, and the need to start picking a jury in a case now going
out in San Joaquin County (Helm v. Petz).

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6.

Depending upon what information I am able to gather on the judicial holiday,

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February 12, 2016, Osman Yousif’s claims may be greatly impacted.
7.

The amended complaint (AC) is due February 10, 2016.

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_________________________________________________________________________________________________________
PLAINTIFF’S ADMINISTRATIVE MOTION FOR LEAVE
TO FILE AMENDED COMPLAINT ON OR BEFORE
FEBRUARY 14, 2016; DECLARATION
3
Yousif v. County of San Mateo, et al.
P002ADMIN

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8.

As of this filing, because of the press of business, I have been unable to meet

and confer before this deadline.
9.

Thus, in view of the facts that there may be evidence critical to this case which

likely will be available as February 12-13, 2016, that there is no prejudice to Defendants should
the four-day extension be granted, and other factors discussed above, Plaintiff through the me
respectfully requests that he be granted an additional four days to file his AC.

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I, Russell A. Robinson, hereby declare under penalty of perjury and under the laws of
the State of California that the above is true and correct.

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Date: February 10, 2016

Russell A. Robinson /s/
By:
Russell A. Robinson
Law Office of Russell A. Robinson
Counsel for Plaintiff
OSMAN YOUSIF

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_________________________________________________________________________________________________________
PLAINTIFF’S ADMINISTRATIVE MOTION FOR LEAVE
TO FILE AMENDED COMPLAINT ON OR BEFORE
FEBRUARY 14, 2016; DECLARATION
4
Yousif v. County of San Mateo, et al.
P002ADMIN

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Russell A. Robinson (163937)
Law Office of Russell A. Robinson
345 Grove Street, Level One
San Francisco CA 94102
Telephone:
[phone]
Facsimile:
[phone]
[e-mail]
Counsel for Plaintiff
OSMAN YOUSIF

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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OSMAN YOUSIF,
Plaintiff,

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13

v.

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COUNTY OF SAN MATEO, SHERIFF
GREG MUNKS, et al.,

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Defendants.

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No.

15-CV-4887-WHA

[Proposed] ORDER GRANTING
PLAINTIFF’S ADMINISTRATIVE MOTION

Trial:

[Not yet set]

[Jury Trial Demanded]

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Good cause appearing, the application of Plaintiff in this case, before this Court is
hereby granted.

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Plaintiff in this case may file is amended complaint on or before February 14, 2016.

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IT IS SO ORDERED.

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Date: February 11 2016
_________,
Hon. WILLIAM H. ALSUP
United States District Court, N. District of California

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_________________________________________________________________________________________________________
[Proposed] ORDER
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Yousif v. County of San Mateo, et al.
P003ORDER