Yousif v. San Mateo County Sheriff et al

Filing 33

ORDER GRANTING 32 PLAINTIFFS SECOND ADMINISTRATIVE MOTION FOR LEAVE TO FILE AMENDED COMPLAINT ON OR BEFORE FEBRUARY 19, 2016.(whalc2, COURT STAFF) (Filed on 2/17/2016)

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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 SECOND ADMINISTRATIVE
MOTION FOR LEAVE TO FILE AMENDED
COMPLAINT ON OR BEFORE FEBRUARY
19, 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 19, 2016. This second such request is based on the

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following:

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On October 22 2015, Plaintiff caused this action to be filed in proper.
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 2nd 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.
P002ADMINA

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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 concerning the San Francisco District Attorney’s Blue Ribbon

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Panel, and the need to start picking a jury in a case now going out in San Joaquin County (Helm
v. Petz). The Helm jury has been empaneled, and trial started.
Given the information counsel was able to gather on the judicial holidays, February 12,

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2016, and February 15,2016, Osman Yousif’s claims were greatly impacted.

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The amended complaint (AC) was/is now due February 14, 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 the passed deadline.

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However, on February 15, 2016, Plaintiff caused ostensible Defendant City of Daly City

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to be dismissed. This was done as a direct result of the continuing investigation and analysis.

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Thus, in view of the facts that evidence critical to this case has been developed, that
there is no prejudice to Defendants should the additional four (five)-day extension be granted,
and other factors discussed above, Plaintiff through the undersigned counsel respectfully
requests that he be granted an additional five days to file his AC.

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Date: February 16, 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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_________________________________________________________________________________________________________
PLAINTIFF’S 2nd 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.
P002ADMINA

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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.
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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.

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

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the State of Kansas, has been impeded by the sudden death of an unrelated client in an

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Oakland Hills house fire the week of February 3, 2016, the need to assist several San Francisco

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Police officers with personnel issues concerning the San Francisco District Attorney’s Blue

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Ribbon Panel, and the need to start picking a jury in a case now going out in San Joaquin

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County (Helm v. Petz). The Helm jury has been empaneled, and trial started.

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5.

Given the information counsel was able to gather on the judicial holidays,

February 12, 2016, and February 15,2016, Osman Yousif’s claims were greatly impacted.
6.

The amended complaint (AC) was/is now due February 14, 2016.

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

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and confer before the passed deadline.

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_________________________________________________________________________________________________________
PLAINTIFF’S 2nd ADMINISTRATIVE MOTION FOR LEAVE
TO FILE AMENDED COMPLAINT ON OR BEFORE
FEBRUARY 14, 2016; DECLARATION
3
Yousif v. County of San Mateo, et al.
P002ADMINA

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8.

However, on February 15, 2016, Plaintiff through me caused ostensible

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Defendant City of Daly City to be dismissed. This was done as a direct result of the continuing

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investigation and analysis.

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9.

Thus, in view of the facts that evidence critical to this case has been developed,

that there is no prejudice to Defendants should the additional four (five)-day extension be
granted, and other factors discussed above, Plaintiff through me respectfully requests that he

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be granted an additional five days to file his AC.
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 16, 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 2nd ADMINISTRATIVE MOTION FOR LEAVE
TO FILE AMENDED COMPLAINT ON OR BEFORE
FEBRUARY 14, 2016; DECLARATION
4
Yousif v. County of San Mateo, et al.
P002ADMINA

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6

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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8

UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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11

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 19, 2016.

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IT IS SO ORDERED.

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Date: February 17 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