DelCastillo v. City and County of San Francisco et al

Filing 43

ORDER DENYING REQUEST TO CONTINUE TRIAL DATE re 42 Stipulation, filed by Kevin Horan, Jason Gallagher, Tyler Ropelato, Robert Kobold, City and County of San Francisco, Wayman Young, Kevin Chin, Antonio DelCastillo, Steven Needham, Robin Odum. Signed by Judge Phyllis J. Hamilton on 5/6/10. (nah, COURT STAFF) (Filed on 5/6/2010)

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 DENNIS J. HERRERA, State Bar #139669 City Attorney JOANNE HOEPER, State Bar #114961 Chief Trial Deputy ROBERT A. BONTA, State Bar #202668 JOSHUA S. WHITE, State Bar #237223 Deputy City Attorneys Fox Plaza 1390 Market Street, Sixth Floor San Francisco, California 94102-5408 Telephone: (415) 554-4259 (White) Telephone: (415) 554-4268 (Bonta) Facsimile: (415) 554-3837 E-Mail: joshua.white@sfgov.org robert.bonta@sfgov.org Attorneys for Defendants CITY AND COUNTY OF SAN FRANCISCO, ET AL. UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA ANTONIO DELCASTILLO, Plaintiff, vs. CITY AND COUNTY OF SAN FRANCISCO, KEVIN CHIN, JASON GALLAGHER, KEVIN HORAN, ROBERT KOBOLD, STEVEN NEEDHAM, ROBIN ODUM, TYLER ROPELATO, WAYMAN YOUNG, and DOES 1-25, inclusive, Defendants. Case No. C08-3020 PJH ORDER DENYING REQUEST STIPULATION AND [PROPOSED] ORDER TO CONTINUE TRIAL Stipulation to Continue Trial CASE NO. C08-3020 PJH 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 WHEREAS the trial in this matter is currently set for August 16, 2010. The pre-trial conference is currently set for June 22, 2010. The last day to meet and confer regarding pre-trial submissions is June 11, 2010. WHEREAS Deputy City Attorney Joshua S. White became trial counsel in this case on approximately April 20, 2010, when Deputy City Attorney Daniel Zaheer left the City Attorney's Office. Mr. White is also trial counsel in the case of Jonathan Meas v. City and County of San Francisco, et al., U.S. District Court Case CV-08-4075-PJH, a case that is set to go to trial before the Honorable Phyllis J. Hamilton on June 3, 2010 and continue until June 18, 2010. WHEREAS in light of the aforementioned trial schedule, Mr. White will not have sufficient time to devote to his pre-trial submissions in this case. WHEREAS Plaintiff's counsel agrees that the trial should be continued. WHEREAS the parties have met and conferred regarding future trial dates. THE PARTIES HEREBY AGREE AND STIPULATE that the trial is continued until March 15, 2011. All other dates, including the date of the pre-trial conference, will be calculated based on the new trial date. Dated: May 5, 2010 DENNIS J. HERRERA City Attorney JOANNE HOEPER Chief Trial Attorney By: /s/ Joshua S. White JOSHUA S. WHITE Attorneys for Defendants Dated: May 5, 2010 By: /s/ Kenneth Frucht KENNETH FRUCHT Attorney for Plaintiff [The filer of this document attests that concurrence in the filing of this document has been obtained from plaintiff, and shall serve in lieu of his signature.] Stipulation to Continue Trial CASE NO. C08-3020 PJH 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Stipulation to Continue Trial CASE NO. C08-3020 PJH ORDER The trial in this case currently set for August 16, 2010 at 8:30 a.m. is continued to March 15, TRIC 2011 at 8:30 a.m. All other dates, including the date S DISpre-trial conference, will be calculated Eof the T based on the new trial date. UNIT ED S T TA C RT U O D I PHYLLIS HONORABLE S T R I C T J. HAMILTON UNITED STATES DISTRICT JUDGE PARTIES ARE DIRECTED TO THE CASE MANAGEMENT AND PRETRIALORDER WHICH DOES NOT PERMIT MODIFICATION OF TRIAL DATE BASED ON STIPULATION. ADDITIONALLY NO GOOD CAUSE HAS BEEN SHOWN. ER N OF 3 A C LI FO May 6 Dated: ______________, 2010 H hyllis J. Judge P amilton R NIA IT IS SO ORDERED. D DENIE NO RT H

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