Maxwell v. City and County of San Francisco

Filing 24

ORDER re 23 granting STIPULATION to MODIFY SCHEDULING ORDER. Further Case Management Conference set for 3/5/2009 02:00 PM. Motion Hearing set for 3/5/2009 02:00 PM.. Signed by Judge Claudia Wilken on 11/21/08. (scc, COURT STAFF) (Filed on 11/21/2008)

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DENNIS J. HERRERA, State Bar #139669 City Attorney ELIZABETH S. SALVESON, State Bar #83788 Chief Labor Attorney LAUREN M. MONSON, State Bar #242819 Deputy City Attorney Fox Plaza 1390 Market Street, Fifth Floor San Francisco, California 94102-5408 Telephone: [phone] Facsimile: [phone] E-Mail: [e-mail] Attorneys for Defendant CITY AND COUNTY OF SAN FRANCISCO

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA ANASTASIA MAXWELL, Plaintiff, vs. CITY AND COUNTY OF SAN FRANCISCO, Defendant. Case No. C07-5598 CW STIPULATION TO MODIFY SCHEDULING ORDER Trial Date: July 6, 2009

IT IS STIPULATED BY THE PARTIES AS FOLLOWS: 1) Under the current scheduling order in this case, the discovery cutoff is Tuesday,

December 2, 2008, and the last day for the parties to file a motion for summary judgment is December 31, 2008. 2) There is good cause to modify the scheduling order because : (a) The City's counsel in

this matter, Lauren Monson, was recently assigned this matter and has been working to complete discovery as expeditiously as possible; and (b) despite the City's efforts to complete discovery by the deadline, the City is unable to meet this deadline due to the unavailability of Plaintiff's counsel prior to the fact discovery cutoff date of December 2, 2008.
DEF. STIP TO MODIFY SCHEDULING ORDER CASE NO. C07-5598 CW

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3)

Defendant City and County of San Francisco noticed Plaintiff Anastasia Maxwell's

deposition for Monday, November 17. However, due to conflict in Plaintiff's schedule, the first date available for Plaintiff to be deposed is December 2, 2008. The current scheduling order indicates December 2, 2008 as the discovery cutoff date. 4) On November 13, 2008, Ms. Monson communicated via email with Maxwell's

counsel, Curtis Oler. Ms. Monson explained to Mr. Oler that the City anticipates not being able to complete the deposition in one day and would need to schedule an additional date prior to December 2 due to the discovery cutoff deadline. Mr. Oler indicated that he is currently involved in a complicated out of state case and would not be available until December 9, 2008 for deposition. The City agreed to that date. 5) The parties agreed to extend the fact discovery cutoff to January 2, 2009. The parties

agreed that the City's motion for summary judgment would be filed on or before January 29, 2009. Accordingly, the parties agreed that the Disposition Motion Hearing will be continued to March 5, 2009. 6) According to the above agreement, the parties stipulate to the following modification

of the pending scheduling order: Completion of Fact Discovery Dispositive Motion Deadline 1/2/09 3/5/09

7)

This agreement between the parties will require no other modification of the

scheduling order. 8) The parties stipulate to a modification of the Court's scheduling order as noted above

and request that the Court enter an order consistent with this stipulation.

DEF. STIP TO MODIFY SCHEDULING ORDER CASE NO. C07-5598 CW

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Dated: DENNIS J. HERRERA City Attorney ELIZABETH S. SALVESON Chief Labor Attorney LAUREN M. MONSON Deputy City Attorney By:

LAUREN M. MONSON Attorneys for Defendant CITY AND COUNTY OF SAN FRANCISCO

Dated: By:

LAW OFFICES OF CURTIS G. OLER CURTIS G. OLER Attorney for Plaintiff ANASTASIA MAXWELL

PURSUANT TO STIPULATION, IT IS SO ORDERED: THE COURT'S SCHEDULING ORDER IS MODIFIED AS FOLLOWS: a) The discovery cutoff shall be continued from Tuesday, December 2, 2008, to January

2, 2008, to provide the City with an opportunity to take and complete Plaintiff's deposition; b) The last day for the parties to file motions for summary judgment shall be continued

from December 31, 2008, to January 29, 2009; and c) The Case Management Order shall be amended as follows: 1/2/09 3/5/09

Completion of Fact Discovery Dispositive Motion Deadline

Dated: 11/21/08 ____________________________________ THE HONORABLE CLAUDIA WILKEN

DEF. STIP TO MODIFY SCHEDULING ORDER CASE NO. C07-5598 CW

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