Elgawady v. City of San Francisco et al

Filing 11

STIPULATION AND ORDER RE 10 ALLOWING FILING OF AMENDED COMPLAINT AND SETTING TIME TO FILE RESPONSES TO AMENDED COMPLAINT. Signed by Judge Richard Seeborg on 3/17/17. (cl, COURT STAFF) (Filed on 3/17/2017)

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Wendy H. Chau, Esq. SBN 278801
LAW OFFICES OF WENDY H. CHAU
555 California Street, Ste. 4925
San Francisco 94104
Ph. [phone]
Fax: [phone]
[e-mail]

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Attorney for Plaintiff
Abdelkader Elgawady

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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA,
SAN FRANCISCO DIVISION

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ABDELKADER ELGAWADY, Individual,

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Plaintiff,
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vs.
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CITY OF SAN FRANCISCO, CITY SERVICES |
AUDITOR, DEPARTMENT OF PUBLIC
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WORKS, and DOES 1-5
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Defendants.
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Case No: 3:17-cv-00831 RS
STIPULATED REQUEST
AND ORDER ALLOWING
FILING OF AMENDED
COMPLAINT AND SETTING
TIME TO FILE RESPONSES
TO AMENDED COMPLAINT

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THE PARTIES STIPULATE TO THE FOLLOWING:

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Plaintiff Abdelkader Elgawady and the Defendant City of San Francisco. by and through

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their respective counsel, hereby submit the following Stipulation and Proposed Order allowing

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filing of an Amended Complaint, establishing the method of service, and setting time to File
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Responses to Amended Complaint.
Defendant City of San Francisco (“City”) was served on or about March 8, 2017;

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and, prior to this stipulation, required responsive pleading to be filed on or about March

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28, 2017. The parties met and conferred.

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Stipulated Req. and [Proposed] Order Re FAC ;
17-cv-00831 RS

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c:\users\green lantern\downloads\abdel- joint
stipulation changes accepted.docx

In good faith, Defendant City has brought to Plaintiff’s attention deficiencies

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within Plaintiff’s complaint filed in this matter and has agreed to allow Plaintiff to amend

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his complaint, via filing of an Amended Complaint, in order to cure any deficiencies of

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merit prior to the Defendant City filing a responsive pleading.
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3.

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Defendant City will also forebear from filing a planned motion to dismiss and to

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stay action until after Plaintiff have filed the proposed First Amended Complaint.

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4.

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a.

Therefore, all parties agree and request that the Court order the following:

Plaintiff shall file and serve upon the Defendant City an Amended Complaint no later

than March 31, 2017.

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b.

Defendant City shall file any responsive pleadings no later than April 21, 2017.

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IT IS SO STIPULATED..

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Dated: March 16, 2017

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LAW OFFICES OF WENDY H, CHAU

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___________/S/ Wendy H. Chau_____________
Wendy H. Chau
Attorney for Plaintiff Abdelkader Elgawady

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RESPECTFULLY,

Dated: March 16, 2017

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DEPUTY CITY ATTORNEY
City and County of San Francisco
___________/S/ Susan J. Kawala______________
Susan J. Kawala
Attorney for the City and County of San Francisco

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ORDER

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Stipulated Req. and [Proposed] Order Re FAC ;
17-cv-00831 RS

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c:\users\green lantern\downloads\abdel- joint
stipulation changes accepted.docx

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This matter came before the Court on the parties’ Stipulation to allowing Plaintiff to file
an Amended Complaint and setting time for Defendant City tofile a responsive pleading. For the
reasons stated in the Stipulation and for good cause showing, the Court adopts the stipulation on

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and GRANTS the relief requested herein.
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Accordingly, IT IS HEREBY ORDERED THAT Plaintiff shall file and serve upon all

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Defendant an Amended Complaint no later than March 31, 2017, and Defendant City shall file

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any response to the amended complaint no later than April 21, 2017.

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IT IS SO ORDERED.
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DATED: March ___ 2017.

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_______________________________________
HONORABLE JUDGE RICHARD SEEBORG

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Stipulated Req. and [Proposed] Order Re FAC ;
17-cv-00831 RS

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c:\users\green lantern\downloads\abdel- joint
stipulation changes accepted.docx