Jones v. City and County of San Francisco et al

Filing 102

ORDER re 99 GRANTING STIPULATION ENLARGING DISPOSITIVE MOTION BRIEFING SCHEDULE. Further Case Management Conference set for 8/6/2009 02:00 PM. Motion Hearing set for 8/6/2009 02:00 PM.. Signed by Judge CLAUDIA WILKEN on 6/30/09. (scc, COURT STAFF) (Filed on 6/30/2009)

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DENNIS J. HERRERA, State Bar #139669 City Attorney JOANNE HOEPER, State Bar #114961 Chief Trial Attorney MEREDITH B. OSBORN, State Bar #250467 Deputy City Attorney Fox Plaza 1390 Market Street, Sixth Floor San Francisco, California 94102-5408 Telephone: [phone] Facsimile: [phone] E-Mail: [e-mail] Attorneys for Defendants CITY AND COUNTY OF SAN FRANCISCO, CHIEF HEATHER FONG, OFFICER GREGORY BUHAGIAR, AND OFFICER ARSHAD RAZZAK

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA ERIC JONES, Plaintiff, vs. CITY AND COUNTY OF SAN FRANCISCO, et al., Defendants. Case No. C08-00373 CW STIPULATION AND ORDER ENLARGING DISPOSITIVE MOTION BRIEFING SCHEDULE [Civil L.R. 7-12] Trial Date: December 14, 2009

CHRISTOPHER GASCON, Plaintiff, vs. CITY AND COUNTY OF SAN FRANCISCO, et al., Defendants.

Case No. C 08-05734 CW

MSJ STIP TO ENLARGE TIME CASE NO. C08-00373 CW

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All parties, plaintiffs Christopher Gascon and Eric Jones and defendants Officers Gregory Buhagiar and Arshad Razzak, City and County of San Francisco, and Chief Heather Fong, hereby stipulate to modify the briefing schedule for the parties' motions for partial summary judgment. Trial is currently set for December 14, 2009. On June 8, 2009, the Court set a modified briefing schedule for dispositive motions in this case. Under the Court's schedule, plaintiffs' cross-motion for partial summary judgment and opposition to defendants' motion for partial summary judgment was filed on June 18, 2009. Defendants' reply in support of their motion and opposition to plaintiffs' cross-motion is due on June 25, 2009, plaintiffs' reply to defendants' opposition is due on July 2, 2009, and the hearing date is July 16, 2009. Good cause exists for the enlargement of time. Defendants' counsel, Meredith B. Osborn, was involved in a serious bicycle accident on June 13, 2009. Ms. Osborn suffered a concussion, broken nose, multiple lacerations to her face and body, and dental injuries. Ms. Osborn was held for two nights at the hospital, and advised not to return to work for one month in order to recuperate. Ms. Osborn nonetheless returned to work on June 22, 2009 in order to attempt to meet preexisting deadlines in the matters to which she is assigned. Since returning to work, Ms. Osborn has also had to juggle numerous medical appointments to address her injuries and continued to suffer the effects of her accident. Due to her absence from work for a week and continued recuperation, Ms. Osborn has been unable adequately prepare defendants' reply brief in support of defendants' motion for partial summary judgment and opposition to plaintiffs' cross-motion for partial summary judgment according to the schedule set by the Court. Since being assigned to this matter, Ms. Osborn has been the primary attorney representing the defendants. As set forth in her attached declaration, she has taken plaintiffs' depositions and defended the officers' depositions, and conducted the necessary investigation to support a summary judgment motion. Ms. Osborn also prepared defendants' motion for partial summary judgment. No other deputy city attorney has sufficient familiarity with this case to be able to prepare a fully developed opposition to plaintiffs' cross-motion for partial summary judgment or reply brief in support of defendants'
MSJ STIP TO ENLARGE TIME CASE NO. C08-00373 CW

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motion. Granting the enlargement of time will therefore preserve scarce judicial resources by enabling defendants to fully prepare their briefing in opposition to plaintiffs' cross-motion and reply to plaintiffs' opposition and potentially narrow the issues at trial. Neither the parties nor the court will be prejudiced by enlarging the briefing schedule and extending the hearing date. For all of the foregoing reasons, the parties stipulate that the time for filing defendants' reply in support of their motion and opposition to plaintiffs' cross-motion be enlarged by one week to July 2, 2009, that the time for plaintiffs' reply to defendants' opposition to plaintiffs' cross-motion be extended to July 9, 2009, and the hearing date be extended to August 6, 2009. IT IS SO STIPULATED. Dated: June 30, 2009 By: /s/ Meredith B. Osborn MEREDITH B. OSBORN Attorneys for Defendants CITY AND COUNTY OF SAN FRANCISCO, HEATHER FONG, GREGORY BUHAGIAR, ARSHAD RAZZAK

Dated: June 30, 2009 By:/s/ Benjamin Nisenbaum BENJAMIN NISENBAUM Attorneys for Plaintiffs CHRISTOPHER GASCON & ERIC JONES

ORDER Pursuant to this stipulation, IT IS SO ORDERED

Dated: __6/30/09__________

_________________________________ HON. CLAUDIA WILKEN UNITED STATES DISTRICT JUDGE 3
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MSJ STIP TO ENLARGE TIME CASE NO. C08-00373 CW

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