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)
1
2
3
4
5
6
Russell A. Robinson (163937)
Law Office of Russell A. Robinson
345 Grove Street, Level One
San Francisco CA 94102
Telephone:
(415) 861-4416
Facsimile:
(415) 431-4526
rlaw345@gmail.com
Counsel for Plaintiff
OSMAN YOUSIF
7
8
UNITED STATES DISTRICT COURT
9
NORTHERN DISTRICT OF CALIFORNIA
10
11
OSMAN YOUSIF,
Plaintiff,
12
13
v.
14
COUNTY OF SAN MATEO, SHERIFF
GREG MUNKS, et al.,
15
Defendants.
16
17
18
19
20
I.
)
)
)
)
)
)
)
)
)
)
)
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
21
following:
22
23
24
25
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
26
27
28
_________________________________________________________________________________________________________
PLAINTIFF’S 2nd ADMINISTRATIVE MOTION FOR LEAVE
TO FILE AMENDED COMPLAINT ON OR BEFORE
FEBRUARY 14, 2016; DECLARATION
1
Yousif v. County of San Mateo, et al.
P002ADMINA
1
needed rather than opposition to one or more motions. Counsel notified the Court and
2
opposing counsel of this intent on February 2, 2016. [DN 26]
3
4
5
6
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
7
8
9
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,
10
11
2016, and February 15,2016, Osman Yousif’s claims were greatly impacted.
12
The amended complaint (AC) was/is now due February 14, 2016.
13
As of this filing, because of the press of business, counsel has been unable to meet and
14
confer before the passed deadline.
15
However, on February 15, 2016, Plaintiff caused ostensible Defendant City of Daly City
16
to be dismissed. This was done as a direct result of the continuing investigation and analysis.
17
18
19
20
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.
21
22
23
Date: February 16, 2016
24
25
Russell A. Robinson /s/
By:
Russell A. Robinson
Law Office of Russell A. Robinson
Counsel for Plaintiff
OSMAN YOUSIF
///
26
27
28
_________________________________________________________________________________________________________
PLAINTIFF’S 2nd ADMINISTRATIVE MOTION FOR LEAVE
TO FILE AMENDED COMPLAINT ON OR BEFORE
FEBRUARY 14, 2016; DECLARATION
2
Yousif v. County of San Mateo, et al.
P002ADMINA
1
II.
DECLARATION
2
I, Russell A. Robinson, hereby declare as follows:
3
1.
4
5
6
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
7
8
9
10
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.
11
3.
On October 22 2015, Plaintiff caused this action to be filed in proper.
12
4.
My continuing work and investigation, including the need to speak to a witness in
13
the State of Kansas, has been impeded by the sudden death of an unrelated client in an
14
Oakland Hills house fire the week of February 3, 2016, the need to assist several San Francisco
15
Police officers with personnel issues concerning the San Francisco District Attorney’s Blue
16
Ribbon Panel, and the need to start picking a jury in a case now going out in San Joaquin
17
County (Helm v. Petz). The Helm jury has been empaneled, and trial started.
18
19
20
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.
7.
As of this filing, because of the press of business, I have been unable to meet
21
22
23
and confer before the passed deadline.
24
25
26
27
28
_________________________________________________________________________________________________________
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
1
8.
However, on February 15, 2016, Plaintiff through me caused ostensible
2
Defendant City of Daly City to be dismissed. This was done as a direct result of the continuing
3
investigation and analysis.
4
5
6
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
7
8
9
10
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.
11
12
13
14
Date: February 16, 2016
Russell A. Robinson /s/
By:
Russell A. Robinson
Law Office of Russell A. Robinson
Counsel for Plaintiff
OSMAN YOUSIF
15
16
17
18
19
20
21
22
23
24
25
26
27
28
_________________________________________________________________________________________________________
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
1
2
3
4
5
6
Russell A. Robinson (163937)
Law Office of Russell A. Robinson
345 Grove Street, Level One
San Francisco CA 94102
Telephone:
(415) 861-4416
Facsimile:
(415) 431-4526
rlaw345@gmail.com
Counsel for Plaintiff
OSMAN YOUSIF
7
8
UNITED STATES DISTRICT COURT
9
NORTHERN DISTRICT OF CALIFORNIA
10
11
OSMAN YOUSIF,
Plaintiff,
12
13
v.
14
COUNTY OF SAN MATEO, SHERIFF
GREG MUNKS, et al.,
15
16
Defendants.
)
)
)
)
)
)
)
)
)
)
)
No.
15-CV-4887-WHA
[Proposed] ORDER GRANTING
PLAINTIFF’S ADMINISTRATIVE MOTION
Trial:
[Not yet set]
[Jury Trial Demanded]
17
18
19
Good cause appearing, the application of Plaintiff in this case, before this Court is
hereby granted.
20
Plaintiff in this case may file is amended complaint on or before February 19, 2016.
21
IT IS SO ORDERED.
22
23
24
Date: February 17 2016
_________,
Hon. WILLIAM H. ALSUP
United States District Court, N. District of California
25
26
27
28
_________________________________________________________________________________________________________
[Proposed] ORDER
1
Yousif v. County of San Mateo, et al.
P003ORDER
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?