Stockwell et al v. City and County of San Francisco et al

Filing 57

STIPULATION AND ORDER CONTINUING DATE TO FILE MOTION FOR CLASS CERTIFICATION AS MODIFIED BY THE COURT re 55 Stipulation,, filed by Thomas O'Connor, Severo Flores, Jacklyn M. Jehl, George Fogarty, Vince Neeson, Guillermo L. Amigo, Paul Lozada, Rolando J. Canales, Robert Leung, Jeffery Sung, Charles Lyons, Jones James, Edward Browne, Bartholomew Johnson, Diane McKevitt, Juanita Stockwell, Michael Lewis, Mike Bolte, E. R. Balinton, Silvia David, Ricardo Valdez, Nikolaus Borthne, Sheila Jacks on, Malcolm Fong, Philip Fleck, Anthony Johnson, Jason Hui, Jessie Washington, Michael Wells, Richard Jue, Lindsey Suslow, Susan Rolovich, Bruce Meadors, Judith Riggle, D.H. Bud Massey, Gary Castel, Mary Godfrey, Peter Busalacchi. Signed by Judge Phyllis J. Hamilton on 5/6/10. (nah, COURT STAFF) (Filed on 5/6/2010)

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DENNIS J. HERRERA, State Bar #139669 City Attorney ELIZABETH SALVESON, State Bar #83788 Chief Labor Attorney JONATHAN C. ROLNICK, State Bar #151814 Deputy City Attorney 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 JUANITA STOCKWELL, et al., Plaintiffs, vs. CITY AND COUNTY OF SAN FRANCISCO, HEATHER FONG, CHIEF OF SAN FRANCISCO POLICE DEPARTMENT, sued in her official capacity, Defendants. Case No. 08-05180 PJH STIPULATION AND [PROPOSED] ORDER CONTINUING DATE TO FILE MOTION FOR CLASS CERTIFICATION AS MODIFIED BY THE COURT

STIP & ORDER CONT. Mtn For Class Cert. CASE NO. 08-05180 PJH

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IT IS HEREBY STIPULATED by and between the parties through their respective counsel that the deadline for plaintiffs to file a motion for class certification be continued from May 7, 2010 to May 12, 2010. A continuance of the deadline for filing the motion for class certification is warranted as the City's counsel in this action, Deputy City Attorney Jonathan Rolnick, is scheduled to begin a bench trial in San Francisco Superior Court on Monday, May 3, 2010 in Chiquete v. City and County of San Francisco, Case No. 509673. Mr. Rolnick's handling of this trial was unexpected. The deputy city attorney previously handling the Chiquete case and is unavailable due to a death in her family on or about April 24. The City anticipates that the trial should take no more than two days. However, depending on when the case is assigned a courtroom, it is possible that the trial might overlap with the time provided for the City to prepare its opposition to the motion for class certification. A brief continuance of the filing deadline will ensure that the City have the benefit of fourteen days to prepare its opposition briefing and evidence. The parties hereby agree to the following briefing schedule for the motion for class certification: a) Plaintiffs' moving papers - May 12, 2010 b) Defendant's opposition papers ­ May 26, 2010 2 c) Plaintiffs' reply brief ­ June 4, 2010 d) Hearing on Plaintiffs' Motion for Class Certification ­ June 16, 2010 Dated: May 4, 2010 DENNIS J. HERRERA City Attorney ELIZABETH S. SALVESON Chief Labor Attorney JONATHAN C. ROLNICK Deputy City Attorney By: /s/Jonathan C. Rolnick JONATHAN C. ROLNICK Attorneys for Defendant CITY AND COUNTY OF SAN FRANCISCO
STIP & ORDER CONT. Mtn For Class Cert. CASE NO. 08-05180 PJH

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Dated: May 4, 2010 Michael S. Sorgen LAW OFFICES OF MICHAEL S. SORGEN Richard A. Hoyer LAW OFFICES OF RICHARD A. HOYER & ASSOC. By: /s/Michael S. Sorgen MICHAEL S. SORGEN Attorneys for Plaintiffs // //

STIP & ORDER CONT. Mtn For Class Cert. CASE NO. 08-05180 PJH

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STIP & ORDER CONT. Mtn For Class Cert. CASE NO. 08-05180 PJH

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IT IS HEREBY ORDERED that the deadline for plaintiffs to file their motion for class certification be continued from May 7, 2010 to May 12, 2010 with the motion to be brought and heard pursuant to the briefing schedule set forth in the May 4, 2010 stipulation between the parties., as modified by the court. 6 Dated: May ___, 2009

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