Synergy Project Management, Inc. v. City and County of San Francisco et al

Filing 21

STIPULATION AND ORDER re 20 STIPULATION WITH PROPOSED ORDER re 8 MOTION to Dismiss or in the Alternative Strike, Portions of Plaintiff's First Amended Complaint ENLARGING TIME FOR OPPOSITION AND REPLY filed by San Francisco Municipal Transportation Agency, London Breed, San Francisco Department of Public Works, San Francisco Public Utilities Commission, City and County of San Francisco, Mohammed Nuru. Signed by Judge Jon S. Tigar on December 15, 2017. (wsn, COURT STAFF) (Filed on 12/15/2017)

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DENNIS J. HERRERA, State Bar #139669
City Attorney
RONALD P. FLYNN, State Bar #184186
Chief Deputy City Attorney
ELAINE M. O’NEIL, State Bar #142234
Deputy City Attorney
Fox Plaza
1390 Market Street, Suite 425
San Francisco, CA 94102-5408
Telephone:
[phone]
Facsimile:
[phone]
E-Mail:
[e-mail]
Attorneys for Defendants
CITY AND COUNTY OF SAN FRANCISCO, SAN FRANCISCO PUBLIC UTILITIES
COMMISSION, SAN FRANCISCO MUNICIPAL TRANSPORTATION AGENCY, SAN
FRANCISCO DEPARTMENT OF PUBLIC WORKS, LONDON BREED, MOHAMMED NURU

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SYNERGY PROJECT MANAGEMENT,
INC.,
Plaintiff,
vs.
CITY AND COUNTY OF SAN
FRANCISCO, SAN FRANCISCO PUBLIC
UTILITIES COMMISSION, SAN
FRANCISCO MUNICIPAL
TRANSPORTATION AGENCY, SAN
FRANCISCO DEPARTMENT OF PUBLIC
WORKS, LONDON BREED, MOHAMMED
NURU, and DOES 1-100,

Case No. 3:17-cv-06763-JST
STIPULATION AND [PROPOSED] ORDER
ENLARGING TIME FOR OPPOSITION AND
REPLY ON DEFENDANTS’ MOTION TO
DISMISS, OR IN THE ALTERNATIVE
STRIKE, PORTIONS OF PLAINTIFF’S FIRST
AMENDED COMPLAINT
New Hearing Date:
Time:
Place:

February 8, 2018
2:00 p.m.
Courtroom 9, 19th Floor

Trial Date:

None Set

Defendants.

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WHEREAS, On November 24, 2017, Defendants removed to this Court Plaintiff’s action
which was originally filed in San Francisco Superior Court. ECF 1;
WHEREAS, On December 1, 2017, counsel for Defendants, Ronald P. Flynn, filed a Motion to

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Dismiss, or in the Alternative Strike, Portions of Plaintiff’s First Amended Complaint (“Motion to

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Dismiss”). ECF 8. The hearing was set for January 8, 2018;
Stipulation & Proposed Order
Case No. 3:17-cv-06763-JST

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WHEREAS, On December 8, 2017, Johnny D. Knadler contacted Mr. Flynn and indicated that

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he was being engaged as Plaintiff’s counsel on the matter and would seek a continuance of the hearing

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and briefing schedule on the Motion to Dismiss. Defendants agreed that once Mr. Knadler appeared in

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the case as counsel for Plaintiffs, we could come to an agreement on schedule;

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WHEREAS, On December 11, 2017, Mr. Knadler filed a Notice of Appearance. ECF 13;

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WHEREAS, On December 12, 2017, the Court issued an order vacating the hearing date

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pending reassignment. ECF 15;
WHEREAS, on December 14, 2017, at the parties request, the Court set the new hearing for

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February 8, 2018, and issued a Clerk’s Notice for the parties to submit a stipulation and order to
enlarge the briefing schedule should they wish to do so. ECF 18;
WHEREAS, having just been retained for the matter, and given his current schedule, counsel

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for Plaintiff needs additional time to respond to the Motion to Dismiss until January 12, 2018;

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WHEREAS, counsel for Defendants has obligations the week of Januay 15, 2018 and therefore

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requested, and was granted by counsel Plaintiff, additional time until January 24, 2018 to file the reply

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brief;
WHEREAS, no previous time modifications have been requested or granted in the case, and

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given that the Initial Case Management Conference is set for March 28, 2018, and that the hearing on

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this motion is set for February 8, 2018, this request for time modification will not impact the schedule

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for the case;
NOW THEREFORE, the parties hereby stipulate that they will adhere to the following

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schedule for the oppositon and reply briefing of Defendants’ Motoin to Dismiss, and respectfully

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request that the Court so order:

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Janaury 12, 2018: Deadline for Plaintiff to file opposittion to Motion to Dismiss

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January 24, 2018: Deadline for Defendants’ to file a reply in support of Motion to
Dismiss

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//

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//

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//
Stipulation & Proposed Order
Case No. 3:17-cv-06763-JST

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DATED: December 15, 2017

Respectfully submitted,
DENNIS J. HERRERA
City Attorney

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By: /S/ RONALD P. FLYNN
RONALD P. FLYNN

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Attorneys for Defendants
CITY AND COUNTY OF SAN FRANCISCO, ET AL

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DATED: December 15, 2017
JOHNNY D. KNADLER
Law Office of Johnny D. Knadler

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By: /S/ JOHNNY D. KNADLER
JOHNNY D. KNADLER
Senior Trial Counsel

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Attorneys for Plaintiff
SYNERGY PROJECT MANAGEMENT, INC.

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Stipulation & Proposed Order
Case No. 3:17-cv-06763-JST

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ATTESTATION OF SIGNATURES

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I, RONALD P. FLYNN, hereby attest, pursuant to Local Civil Rule 5-1(i)(3) of the Northern

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District of California, that concurrence in the filing of this document has been obtained from each

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signatory hereto.

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/S/ RONALD P. FLYNN
RONALD P. FLYNN

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Attorneys for Defendants
CITY AND COUNTY OF SAN FRANCISCO, ET AL

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Stipulation & Proposed Order
Case No. 3:17-cv-06763-JST

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ORDER

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Based on the written stipulation of the parties and good cause appearing therefore, I find that

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Plaintiff’s deadline to file an opposition to Defendants Motion to Dismiss shall be extended until

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January 12, 2018. Defendants’ deadline to file a reply in support of Defendants Motion to Dismiss

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shall be extended January 24, 2018.

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IT IS SO ORDERED.

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DATED: December _____, 2017
_____________________________
HONORABLE JON S. TIGAR
United States District Judge

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Stipulation & Proposed Order
Case No. 3:17-cv-06763-JST

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