First Resort, Inc. v. Herrera et al

Filing 72

ORDER granting joint request to file a joint status report and amended privilege log by February 4, 2014, see 71 . Signed by Judge Kandis A. Westmore on February 3, 2014. (kawlc2S, COURT STAFF) (Filed on 2/3/2014)

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Locke Lord LLP

300 South Grand Avenue, Suite 2600
Los Angeles, CA 90071

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Stephen A. Tuggy (SBN 120416)
[e-mail]
Patricia A. Musitano (SBN 197662)
[e-mail]
Michelle C. Ferrara (SBN 248133)
[e-mail]
LOCKE LORD LLP
300 South Grand Avenue, Suite 2600
Los Angeles, California 90071
Telephone: [phone]
Fax: [phone]
Attorneys for Plaintiff
FIRST RESORT, INC.

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UNITED STATES DISTRICT COURT

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FOR THE 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 HERRERA, in his official
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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
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COUNTY OF SAN FRANCISCO,
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Defendants.
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Case No. CV 11-5534 SBA (KAW)
Magistrate Judge Kandis A. Westmore

SECOND JOINT STATUS REPORT
REGARDING DISCOVERY
DISPUTE

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SECOND JOINT STATUS REPORT REGARDING DISCOVERY DISPUTE
JOINT STATUS REPORT REGARDING DISCOVERY DISPUTE

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Pursuant to the Court’s January 2, January 13, and January 23, 2014 orders,

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Plaintiff FIRST RESORT, INC. (“First Resort”) and defendants CITY AND

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COUNTY OF SAN FRANCISCO, DENNIS J. HERRERA and the BOARD OF

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SUPERVISORS (“Defendants” and, collectively with Plaintiff, the “Parties”) submit

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this joint status report regarding the Parties’ discovery disputes and advise the Court

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as follows:

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1.

Lead counsel for Defendants, Erin Bernstein, began trial on January 21,

2014 and is still in trial.
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On January 17, 2014, counsel for the Parties participated in a lengthy

Locke Lord LLP

300 South Grand Avenue, Suite 2600
Los Angeles, CA 90071

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telephone call and addressed all of the issues set forth in their cross-motions to

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compel. Counsel for the Parties were able to resolve most of their issues during this

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meeting. Counsel also diligently worked to narrow the scope of certain outstanding

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discovery requests.

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3.

On January 30, 2014, counsel for the Parties participated in a second

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lengthy telephone call and addressed all of the issues that remained outstanding after

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their January 17 telephone conference. Counsel had a very productive discussion,

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and, to date, all but approximately four issues have been resolved. Regarding those

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outstanding issues the Parties have diligently worked to narrow the scope of their

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respective requests and have proposed a number of stipulations and amended

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discovery responses which require input from their respective clients.

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4.

Throughout these discussions, counsel for the Parties have diligently

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worked with their respective clients to search for responsive documents so that they

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will meet the previously agreed upon February 7, 2014 document production deadline.

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5.

Counsel expect to have a final conference again on February 3 or 4, 2014

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to further discuss the four remaining disputed issues. Counsel will be able to advise

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the Court regarding what matters are outstanding for the Court to rule on by February

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4, 2014.

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SECOND JOINT STATUS REPORT REGARDING DISCOVERY DISPUTE
JOINT STATUS REPORT REGARDING DISCOVERY DISPUTE

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In light of the foregoing, the Parties ask that (1) the Court refrain from issuing a

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ruling on their cross-motions to compel until the Parties have a chance to finalize their

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meet and confer process; and, (2) the Court allow the Parties to file a third and final

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joint status report on February 4, 2014; and (3) the Court allow the City to file an

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amended privilege log on February 4, 2014, if any privilege assertions remain in

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dispute.

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Dated: January 31, 2014

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Respectfully submitted,
LOCKE LORD LLP

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By: /s/ Michelle C. Ferrara
Stephen A. Tuggy
Patricia A. Musitano
Michelle C. Ferrara
Kelly S. Biggins

Locke Lord LLP

300 South Grand Avenue, Suite 2600
Los Angeles, CA 90071

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Attorneys for Plaintiff
FIRST RESORT, INC.

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Dated: January 31, 2014

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Respectfully submitted,
DENNIS J. HERRERA
City Attorney

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By: /s/ Mollie Lee
(as approved on 1/31/14)
Erin Bernstein
Mollie Lee
Attorneys for Defendants CITY AND
COUNTY OF SAN FRANCISCO, et al.

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PURSUANT TO THE PARTIES’ JOINT REQUEST, IT IS SO ORDERED,
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February 3, 2014
Date: _____________________

_________________________________
Hon. Kandis A. Westmore
United States District Court Magistrate
Northern District of California

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SECOND JOINT STATUS REPORT REGARDING DISCOVERY DISPUTE
JOINT STATUS REPORT REGARDING DISCOVERY DISPUTE