Kerr v. The City & County of San Francisco et al

Filing 51

ORDER Granting 50 STIPULATION WITH PROPOSED ORDER Re MSJ and Trial Dates. Responses due by 7/19/2012. Replies due by 7/26/2012. Motion Hearing set for 8/9/2012 02:00 PM before Hon. Claudia Wilken. Case Management Statement due by 8/ 2/2012. Further Case Management Conference set for 8/9/2012 02:00 PM. Pretrial Conference set for 10/31/2012 02:00 PM before Hon. Claudia Wilken. Jury Selection set for 11/13/2012 08:30 AM before Hon. Claudia Wilken. Jury Trial (10 day) set for 11/13/2012 08:30 AM before Hon. Claudia Wilken. Signed by Judge Claudia Wilken on 6/13/2012. (ndr, COURT STAFF) (Filed on 6/13/2012)

1
2
3
4
5

DEBORAH KOCHAN (S.B. #152089)
[e-mail]
MATHEW STEPHENSON (S.B. #154330)
[e-mail]
KOCHAN & STEPHENSON
260 California Street, Suite 803
San Francisco, California 94111
Telephone: [phone]
Facsimile: [phone]

6
7

Attorneys for Plaintiff
DEREK KERR

8
9
10
11
12
13
14

DENNIS J. HERRERA (S.B. #139669)
City Attorney
ELIZABETH S. SALVESON (S.B. #83788)
Chief Labor Attorney
JONATHAN C. ROLNICK (S.B. #151814)
Deputy City Attorney
1390 Market Street, Fifth Floor (Fox Plaza)
San Francisco, CA 94102-5408
Telephone: [phone]
Facsimile: [phone]
E-mail: [e-mail]

15
16

Attorneys for Defendants
CITY AND COUNTY OF SAN FRANCISCO, ET AL.

17

18

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA

19

20
21
22
23
24
25

DEREK KERR,

Case No. CV 10 5733 CW

Plaintiff,
v.

[PROPOSED] ORDER AND
THE CITY AND COUNTY OF SAN
STIPULATION RE CONTINUANCE OF
FRANCISCO, MITCHELL H. KATZ, MIVIC MSJ HEARING AND BRIEFING DATES
HIROSE, COLLEEN RILEY ,
AND CONTINUANCE OF TRIAL AND
TRIAL RELATED DATES
Defendants.

26

27

28

[Proposed] Order and Stip re MSJ/Trial Dates, page 1
Case No. CV 10 5733 CW

1

Whereas the parties had a dispute regarding certain timely discovery propounded by plaintiff,

2

discovery that plaintiff contends is necessary to oppose, in part, defendants’ pending motion for

3

summary judgment;

4
5
6

Whereas the parties submitted the dispute to Magistrate Spero the result of which is that
plaintiff will be conducting a 30(b)(6) deposition;

7
8

Whereas defense counsel is not available to provide the 30(b)(6) witness for plaintiff to
depose until after his trial, scheduled for the week of June 11-15, 2012, is concluded;

9

10

Whereas plaintiff’s opposition to defendants’ motion for summary judgment is currently due

11

on June 14, 2012, however, plaintiff is unable to provide a complete response to defendants’ motion

12

until after he conducts the 30(b)(6) deposition;

13
14

Whereas the parties agree to the following which will allow the parties to conduct the

15

30(b)(6) deposition ordered by Magistrate Spero and fully brief defendant’s Motion for Summary

16

Judgment presently before the court:

17
18

Plaintiff will file his opposition to the motion for summary judgment on July 19, 2012,
and in that opposition will address all issues raised in defendant’s motion, including the

19
Monell issues which are the subject of the pending 30(b)(6) deposition. In addition,
20
21
22
23

plaintiff shall serve defendants on June 29th a draft of his opposition brief principally in
the form it will be filed on July 19th, save for plaintiff's arguments regarding the Monell
issues. Defendants’ reply will be due July 26, 2012;

24
25
26

Whereas the parties also agree to continue the hearing date on defendants’ motion for
summary judgment to August 9, 2012, and to continue the trial date to November 12, 2012, or as
soon thereafter as the parties and the Court’s schedule will allow.

27

28

[Proposed] Order and Stip re MSJ/Trial Dates, page 2
Case No. CV 10 5733 CW

1

Dated: June 12, 2012

KOCHAN & STEPHENSON

2

_/s/ Deborah Kochan
Deborah Kochan
Attorneys for Plaintiff
DEREK KERR

3
4

5

6

7
8
9

Dated: June 12, 2012

DENNIS J. HERRERA, City Attorney
ELIZABETH S. SALVESON, Chief Labor Attorney
JONATHAN C. ROLNICK, Deputy City Attorney

10

11
12
13

_/s/ Jonathan C. Rolnick
Jonathan C. Rolnick
Attorneys for Defendants
CITY AND COUNTY OF SAN FRANCISCO

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

[Proposed] Order and Stip re MSJ/Trial Dates, page 3
Case No. CV 10 5733 CW

1

2

3

IT IS HEREBY ORDERED that plaintiff will file his opposition to defendants’ motion for summary

4
5

judgment on July 19, 2012, and in that opposition will address all issues raised in defendants’

6

motion, including the Monell issues which are the subject of the pending 30(b)(6) deposition. In

7

addition, plaintiff shall serve defendants on June 29th a draft of his opposition brief principally in the

8

form it will be filed on July 19th, save for plaintiff's arguments regarding the Monell issues.

9
10
11

12

13

14

15
16

17

Defendants’ reply will be due July 26, 2012. Further, the Court orders that the hearing date on
and the further case management conference
defendants’ motion for summary judgment is continued to August 9, 2012, and trial is continued to
are continued to August 9, 2012; the pretrial conference is continued to
October 31, 2012; and the trial is continued to November 13, 2012.
IT IS SO ORDERED.
DATED:____________________
  6/13/2012

____________________________________
HONORABLE CLAUDIA WILKEN
U.S. DISTRICT JUDGE

18

19

20

21

22

23

24

25

26

27

28

[Proposed] Order and Stip re MSJ/Trial Dates, page 4
Case No. CV 10 5733 CW