First Resort, Inc. v. Herrera et al

Filing 46

ORDER by Judge Saundra Brown Armstrong Granting 45 Stipulation re Request to Modify Briefing Schedule for Motions to Compel. (ndr, COURT STAFF) (Filed on 10/18/2013)

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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
MOLLIE LEE, State Bar #251404
Deputy City Attorneys
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.

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LOCKE LORD LLP
Stephen A. Tuggy (SBN 120416)
[e-mail]
Michelle C. Ferrara (SBN: 248133)
[e-mail]
300 South Grand Avenue, Suite 2600
Los Angeles, California 90071
Tel: [phone]
Fax: [phone]
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
STIPULATED REQUEST TO ENTER ORDER
MODIFYING BRIEFING SCHEDULE FOR
MOTIONS TO COMPEL
[LOCAL RULES 6-2 AND 7-12]

Defendants.

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STIP AND PROPOSED ORDER RE: MTC
CASE NO. CV 11-5534 SBA

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c:\users\rileyn\appdata\local\temp\notes95ec0b\joint stipulation
and proposed order to extend deadline for motions to compel (first
resort).doc.doc

STIPULATED REQUEST

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Plaintiff First Resort, Inc. (“First Resort”) and Defendants City and County of San Francisco,

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Dennis J. Herrera, and the Board of Supervisors of the City And County of San Francisco

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(collectively, “the City”), by and through their counsel of record, hereby agree and stipulate as

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follows:

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WHEREAS, each side has served discovery on the other;

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WHEREAS, pursuant to an extension of time granted by First Resort, the City’s responses to

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the discovery issued by First Resort are due on October 28, 2013;
WHEREAS, the parties anticipate a dispute as to the issues they consider a relevant subject for

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discovery;
WHEREAS, the legal issues raised by each party’s discovery will require significant time in

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which to meet and confer in an effort to avoid filing motions to compel;
WHEREAS, given the nature of the legal and factual issues that will likely be raised in any

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motions to compel, the parties believe they will need additional time beyond the present filing

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deadline of October 25, 2013 to prepare such motions; and,

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WHEREAS, the parties have not previously requested any modifications to the Court’s

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Scheduling Order and do not anticipate that the instant Request will affect other scheduled dates in this

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action;
IT IS THEREFORE STIPULATED AND AGREED between First Resort and the City, with

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the Court’s permission, that:
(1)

The parties shall meet and confer on all discovery served to date by November 8, 2013;

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(2)

Any necessary motions to compel shall be filed by December 6, 2013.

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IT IS SO STIPULATED.

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and

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STIP AND PROPOSED ORDER RE: MTC
CASE NO. CV 11-5534 SBA

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c:\users\rileyn\appdata\local\temp\notes95ec0b\joint stipulation
and proposed order to extend deadline for motions to compel (first
resort).doc.doc

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Dated: October 18, 2013
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 DEFENDANT
CITY AND COUNTY OF SAN FRANCISCO

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Dated: October 17, 2013

LOCKE LORD LLP

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By:

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/s/ Michelle C. Ferrara
STEPHEN A. TUGGY
MICHELLE C. FERRARA*
ATTORNEY FOR PLAINTIFF
FIRST RESORT

*Filers’ Attestation: The filer of this document hereby attests that the signatories’ concurrence in the
filing of this document has been obtained.

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ORDER

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PURSUANT TO STIPULATION, IT IS SO ORDERED.

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Dated: October 18, 2013
HON. SAUNDRA BROWN ARMSTRONG
UNITED STATES DISTRICT JUDGE

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STIP AND PROPOSED ORDER RE: MTC
CASE NO. CV 11-5534 SBA

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c:\users\rileyn\appdata\local\temp\notes95ec0b\joint stipulation
and proposed order to extend deadline for motions to compel (first
resort).doc.doc