Downes v. The City and County of San Francisco et al

Filing 51

ORDER GRANTING 45 Stipulation TO CONTINUE THE INITIAL CASE MANAGEMENT CONFERENCE FROM MARCH 31, 2011 TO APRIL 21, 2011. Case Management Conference set for 4/21/2011 02:00 PM. Signed by Judge Claudia Wilken on 3/31/2011. (ndr, COURT STAFF) (Filed on 3/31/2011)

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Downes v. The City and County of San Francisco et al Doc. 51 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 SEAN F. CONNOLLY, State Bar #152235 PETER J. KEITH, State Bar #206482 Deputy City Attorneys Fox Plaza 1390 Market Street, Sixth Floor San Francisco, California 94102-5408 Telephone: (415) 554-3908 (Keith) Facsimile: (415) 554-3837 E-Mail: peter.keith@sfgov.org Attorneys for Defendants UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA ESTER DOWNES, IN HER INDIVIDUAL CAPACITY AND AS PERSONAL REPRESENTATIVE FOR ISSIAH DOWNES AND THE ESTATE OF ISSIAH DOWNES, Plaintiffs, vs. THE CITY AND COUNTY OF SAN FRANCISCO; Sheriff MICHAEL HENNESSEY; Undersheriff JANET DEMPSEY; Capt. JONAH PECOT; LT. JOHN CASEY; Senior Deputy MATTHEW WONG; Deputy SMITH-AL-GHANI; Deputy JUAN GUITRON; Deputy EDWARD GUTIERREZ; Deputy MEL SONG; Deputy KEN LOMBA; Deputy DAN WHITE; Deputy KEVIN MACKSOUD; PAULA AVERY; EMMANUEL BULATO; and DOES 2 THRU 100, all in their individual and official capacities, Defendants. Case No. CGC-10-4451 CW STIPULATION AND ORDER TO CONTINUE THE INITIAL CASE MANAGEMENT CONFERENCE FROM MARCH 31, 2011 TO APRIL 21, 2011 Trial Date: Not Set Stip and Order Continuing CMC to 4/21/11 Downes v. CCSF, et al; No. 10-cv-4451 CW 1 c:\documents and settings\workstation\local settings\temp\notes95ec0b\stipulation and proposed order to continue the initial case management conference.doc Dockets.Justia.com 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 THE PARTIES TO THE ABOVE-ENTITLED ACTION hereby stipulate to continue the Initial Case Management Conference set in this action for March 31, 2011 at 2:00 p.m., to April 21, 2011 at 2:00 p.m. The Court previously on its own motion (Doc. # 42) continued the Initial Case Management Conference in this action to March 31, 2011, concurrently with hearing on Defendants' motion to dismiss in part and motion to strike portions of Plaintiffs' Complaint. On March 4, 2011, Plaintiffs filed a First Amended Complaint. Accordingly, Defendants filed a Notice of Withdrawal of Motion (Doc. # 44). The First Amended Complaint moots some but not all of the matters raised in Defendants' motion, and also raises at least one new legal claim. Therefore, Defendants intend to file a motion to dismiss in part and a motion to strike portions of Plaintiffs' First Amended Complaint. Defendants intend to file the motion for hearing on April 21, 2011, at 2:00 p.m. Accordingly, the parties jointly request and stipulate to continue the Case Management Conference in this action to April 21, 2011, at 2:00 p.m. IT IS SO STIPULATED. Dated: March 10, 2011 DENNIS J. HERRERA City Attorney JOANNE HOEPER Chief Trial Deputy SEAN F. CONNOLLY PETER J. KEITH Deputy City Attorneys By: Peter J. Keith PETER J. KEITH Attorneys for Defendants Dated: March 10, 2011 LAW OFFICES OF GERI LYNN GREEN By: /s/* GERI LYNN GREEN Attorneys for Plaintiffs *Pursuant to GO 45, the electronic signatory has obtained approval from this signatory. Stip and Order Continuing CMC to 4/21/11 Downes v. CCSF, et al; No. 10-cv-4451 CW 2 c:\documents and settings\workstation\local settings\temp\notes95ec0b\stipulation and proposed order to continue the initial case management conference.doc 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 [Proposed] Order next page. Stip and Order Continuing CMC to 4/21/11 Downes v. CCSF, et al; No. 10-cv-4451 CW 3 c:\documents and settings\workstation\local settings\temp\notes95ec0b\stipulation and proposed order to continue the initial case management conference.doc 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 Stip and Order Continuing CMC to 4/21/11 Downes v. CCSF, et al; No. 10-cv-4451 CW ORDER GOOD CAUSE SHOWN, the Court hereby orders that the Case Management Conference in the above entitled action set for March 31, 2011 at 2:00 p.m. is hereby continued to April 21, 2011, at 2:00 p.m. Dated: 3/31/2011 HONORABLE CLAUDIA WILKEN UNITED STATES DISTRICT JUDGE 4 c:\documents and settings\workstation\local settings\temp\notes95ec0b\stipulation and proposed order to continue the initial case management conference.doc

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