First Resort, Inc. v. Herrera et al

Filing 27

STIPULATION AND ORDER EXTENDING TIME TO RESPOND TO AMENDED COMPLAINT. Signed by Judge ARMSTRONG on 10/18/12. (lrc, COURT STAFF) (Filed on 10/19/2012)

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DENNIS J. HERRERA, State Bar #139669
City Attorney
OWEN CLEMENTS, State Bar # 141805
Chief of Complex and Special Litigation
ERIN BERNSTEIN, State Bar #231539
Deputy City Attorney
1390 Market Street, Seventh Floor
San Francisco, California 94102-5408
Telephone:
[phone]
Facsimile:
[phone]
E-Mail:
[e-mail]
Attorneys for Defendants
CITY AND COUNTY OF SAN FRANCISCO, et al.
STEPHEN A. TUGGY, State Bar #120416
MICHELLE C. FERRARA, State Bar # 248133
KELLY S. BIGGINS, State Bar #252515
LOCKE LORD LLP
300 South Grand Avenue, Suite 2600
Telephone:
[phone]
Facsimile:
[phone]
E-Mail:
[e-mail]
Attorneys for Plaintiff
FIRST RESORT, INC.

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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FIRST RESORT, INC.,

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Plaintiff,

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vs.

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DENNIS J. HERRERA, in his official capacity
as City Attorney of the City of San Francisco;
BOARD OF SUPERVISORS OF THE CITY
AND COUNTY OF SAN FRANCISCO; and
THE CITY AND COUNTY OF SAN
FRANCISCO,

Case No. CV 11-5534 SBA
STIPULATION, DECLARATION IN
SUPPORT OF STIPULATION, AND ORDER
EXTENDING DEFENDANTS' TIME TO
RESPOND TO FIRST AMENDED
COMPLAINT
(Local Rule 6-1(b))

Defendants.

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Stipulation, Declaration, and Order re: Response to
FAC, CASE NO. CV 11-5534

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The parties to the above-captioned action agree as follows:
The time for Defendants City and County of San Francisco, Dennis J. Herrera, and Board of

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Supervisors ("Defendants") to file a response to the First Amended Complaint shall be extended to

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November 9, 2012. Good cause exists for such extension, as counsel for Defendants will be

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unavailable from October 16 to October 23, 2012 and has numerous scheduling conflicts from

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October 23, 2012 until November 2, 2012.

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Dated: October 15, 2012

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DENNIS J. HERRERA
City Attorney
OWEN CLEMENTS
Chief of Complex and Special Litigation

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By:

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/s/Erin Bernstein
ERIN BERNSTEIN*
Deputy City Attorney
ATTORNEYS FOR DEFENDANTS
CITY AND COUNTY OF SAN FRANCISCO, et al.

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Dated: October 15, 2012

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STEPHEN A. TUGGY
MICHELLE C. FERRARA
KELLY S. BIGGINS

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By:

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/s/Stephen A. Tuggy
STEPHEN A. TUGGY
ATTORNEYS FOR PLAINTIFF
FIRST RESORT, INC.

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*The filer of this document attests that concurrence in the filing of this document has been
obtained from ALL SIGNATORIES.

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Stipulation, Declaration, and Order re: Response to
FAC, CASE NO. CV 11-5534

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DECLARATION

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I, Erin Bernstein, declare as follows:
1. I am a Deputy City Attorney for the City and County of San Francisco and an attorney of

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record for defendants City and County of San Francisco, Dennis J. Herrera, and Board of Supervisors

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("Defendants") in this action. The matters within this declaration are true of my personal knowledge

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or, where stated otherwise, upon information and belief.

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2. Defendants request an order extending the time for Defendants to respond to Plaintiff's First
Amended Complaint from October 25, 2012 to November 9, 2012.
3. Defendants intend to file a response to the First Amended Complaint on November 9, 2012.

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If Defendants file a motion to dismiss the first amended complaint, the motion will be scheduled with

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a hearing date of December 18, 2012, if the Court's schedule permits.

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3. This request is made for good cause. The issues raised in the First Amended Complaint are

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complex and the extension of time and proposed schedule will enable the parties to meaningfully

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present these issues to the Court. Furthermore, I have prearranged personal travel planned during

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portions of October, and have several litigation conflicts in early November 2012. This extension

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schedule will avoid conflicts with these obligations.

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4. I have conferred over telephone and email with counsel for the Plaintiff regarding this
extension of time. Counsel for the Plaintiff have agreed to this extension of time.
5. I am aware of the following previous modification of time in this case: The parties
stipulated to allow Defendants additional time to respond to the Plaintiffs' Complaint.
6. I believe that this proposed extension of time will not impact the schedule for this case
because this extension does not impact any other deadlines in this case.
I declare under penalty of perjury under the laws of the State of California that the foregoing is
true and correct. Executed this 12th day of October, 2012, at San Francisco, California.

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By:/s/ Erin Bernstein
ERIN BERNSTEIN

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Stipulation, Declaration, and Order re: Response to
FAC, CASE NO. CV 11-5534

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ORDER

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The time for Defendants City and County of San Francisco, Dennis J. Herrera, and Board of

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Supervisors ("Defendants") to file a response to the First Amended Complaint shall be extended to

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November 9, 2012.

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DATED: 10/18/12
HON. SAUNDRA B. ARMSTRONG
United States District Judge

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Stipulation, Declaration, and Order re: Response to
FAC, CASE NO. CV 11-5534

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