Kirola et al v. City & County of San Francisco, The et al

Filing 536

ORDER SETTING FURTHER BRIEFING re 506 MOTION for Modification of the Class Definition to Exclude Howard Chabner as a Class Member filed by City & County of San Francisco, The, Aaron Peskin, Bevan Dufty, Ross Mirkarimi, Gerardo Sandoval, Gavin Newsom, Ed Jew, Michela Alioto-Pier, Sean Elsbernd, Jake McGoldrick, Joanna Fraguli, Sophie Maxwell, Tom Ammiano, Chris Daly. Signed by Judge ARMSTRONG on 3/31/11. (lrc, COURT STAFF) (Filed on 3/31/2011)

Kirola et al v. City & County of San Francisco, The et al

Doc. 536

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UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA OAKLAND DIVISION Case No: C 07-03685 SBA ORDER SETTING FURTHER BRIEFING SCHEDULE

Plaintiffs, vs.

THE CITY AND COUNTY OF SAN 12 FRANCISCO, et al.,
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Defendants. The parties are presently before the Court on Defendant the City and County of San Francisco's ("the City") Motion for a Modification of the Class Definition to Exclude Howard Chabner as a Class Member. Dkt. 506. Clarification is required as to the City's assertion that Mr. Chabner "is a City official responsible for developing and implementing the policies challenged by plaintiffs in this lawsuit." Id. at 1-2. Accordingly, IT IS HEREBY ORDERED THAT the City shall file by no later than April 1, 2011 at 5:00 p.m. a supplemental memorandum, not to exceed five (5) pages, that addresses the following issues: 1. What does the City mean when it refers to Mr. Chabner as a City "official," and

on what grounds does it describe him as such? 2. On what basis does the City assert that Mr. Chabner is "responsible for

developing and implementing" the policies at issue in this lawsuit? 3. What specific City policies at issue in this lawsuit is Mr. Chabner responsible for

"developing and implementing"?

Dockets.Justia.com

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4.

Describe the nature of Mr. Chabner's authority, if any, to develop and implement

the policies at issue in this lawsuit. 5. Describe the actions, if any, that Mr. Chabner takes or has taken in developing

and implementing the policies at issue in this lawsuit. 6. Are Mr. Chabner's actions and/or recommendations as chair of the Physical

Access Committee of the Mayor's Disability Council binding on the City? IT IS SO ORDERED. Dated: March 31, 2011 ______________________________ SAUNDRA BROWN ARMSTRONG United States District Judge

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