Selvitella v. City of South San Francisco, California et al

Filing 84

ORDER re 83 Granting Stipulation Continuing Case Management Conference. Case Management Conference set for 12/14/2010 02:00 PM. Signed by Judge Claudia Wilken on 6/10/2010. (ndr, COURT STAFF) (Filed on 6/10/2010)

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A Professional Corporation San Francisco

JAMES A. LASSART (SBN 40913) JOHN A. ROWLAND (SBN 43862) ADRIAN G. DRISCOLL (SBN 95468) ROPERS, MAJESKI, KOHN & BENTLEY 201 Spear Street, Suite 1000 San Francisco, CA 94105 Telephone: [phone] Facsimile: [phone] Attorneys for Plaintiff and Petitioner JAMES SELVITELLA

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

JAMES SELVITELLA, Plaintiff and Petitioner, v. CITY OF SOUTH SAN FRANCISCO, CALIFORNIA, a Municipal Corporation, PERSONNEL BOARD OF THE CITY OF SOUTH SAN FRANCISCO, SOUTH SAN FRANCISCO FIRE DEPARTMENT, BARRY M. NAGEL, in his capacity as SOUTH SAN FRANCISCO CITY MANAGER, MARTY VAN DUYN, in his capacity as SOUTH SAN FRANCISCO ASSISTANT CITY MANAGER, PHILLIP WHITE, individually and in his capacity as CHIEF OF THE SOUTH SAN FRANCISCO FIRE DEPARTMENT, and DOES 1-500, inclusive, Defendants and Respondents.

CASE NO. C 08-04388 CW (WDB) JOINT REQUEST UPON STIPULATION FOR ORDER CONTINUING CASE MANAGEMENT CONFERENCE Date: June 15, 2010 Time: 2:00 p.m. Courtroom: 2 (Hon. Claudia Wilken)

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Ropers Majeski Kohn

For the reasons set out below, all of the parties hereto request that the Court continue the Case Management Conference presently set for June 15, 2010, for a period of approximately 180 days: 1. On December 24, 2009, the Court entered its Order denying plaintiff's Petition for

Writ of Administrative Mandamus pursuant to California Code of Civil Procedure section 1094.5,
RC1/5599803.1/MY2

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JOINT REQUEST UPON STIPULATION FOR ORDER CONTINUING CASE MANAGEMENT CONFERENCE (C 08-04388 CW (WDB))

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A Professional Corporation San Francisco

and staying defendants' motion for summary judgment on plaintiff's 42 USC § 1983 claim. In its Order, the Court directed entry of a Partial Judgment on the Petition for Writ of Administrative Mandamus, pursuant to Federal Rule of Civil Procedure 54(b). On that same day (December 24, 2009), the Court entered its Partial Judgment Under Federal Rule of Civil Procedure 54(b). 2. Plaintiff subsequently filed an appeal from the Partial Judgment, which is now

pending. Plaintiff filed his Opening Brief on June 7, 2010. 3. In its Order denying the Petition for Writ of Administrative Mandamus and staying

defendants' motion for summary judgment, the Court directed that all discovery and further litigation of the Section 1983 claim was stayed pending further order of the Court following determination of an appeal from the Partial Judgment. For this reason, there has been no activity in the District Court since entry of the Order and Judgment (other than activities related to plaintiff's appeal), and it is anticipated that there will be no non-appeal related activity until determination of the appeal. Accordingly, in view of the pending appeal from the Partial Judgment, in which briefing is ongoing and oral argument has not yet been scheduled, the parties jointly request and stipulate that the Case Management Conference set for June 15, 2010 be continued to a date convenient to the Court approximately six months in the future, in late November or early December 2010, or January 2011. Dated: June 8, 2010 ROPERS, MAJESKI, KOHN & BENTLEY By:/s/ JAMES A. LASSART JAMES A. LASSART Attorneys for Plaintiff and Petitioner Dated: June 8, 2010
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MEYERS NAVE RIBACK SILVER & WILSON By:/s/ KIMBERLY COLWELL KIMBERLY COLWELL JOSEPH QUINN KAY KESSLER Attorneys for Defendants and Respondents
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JOINT REQUEST UPON STIPULATION FOR ORDER CONTINUING CASE MANAGEMENT CONFERENCE (C 08-04388 CW (WDB))