Johnson v. United States of America et al

Filing 13

Order by Magistrate Judge Donna M. Ryu granting 5 Motion for Extension of Time to Answer .(dmrlc2, COURT STAFF) (Filed on 7/5/2013)

Case4:13-cv-02405-DMR Document5 Filed06/24/13 Page1 of 7

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DENNIS J. HERRERA, State Bar #139669
City Attorney
CHERYL ADAMS, State Bar #164194
Chief Trial Deputy
BRADLEY A. RUSSI, State Bar #256993
Deputy City Attorney
Fox Plaza
1390 Market Street, Sixth Floor
San Francisco, California 94102-5408
Telephone:
[phone]
Facsimile:
[phone]
E-Mail:
[e-mail]

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Attorneys for Defendant
CITY AND COUNTY OF SAN FRANCISCO

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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JAMES ELLIS JOHNSON,

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Plaintiff,

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vs.

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UNITED STATES OF AMERICA, CITY
AND COUNTY OF SAN FRANCISCO,

Case No. CV 13-02405 DMR
DEFENDANT CITY AND COUNTY OF SAN
FRANCISCO’S ADMINISTRATIVE MOTION
FOR EXTENSION OF TIME TO FILE
RESPONSIVE PLEADING; DECLARATION
OF BRADLEY A. RUSSI; AND [PROPOSED]
ORDER

Defendants.

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Admin. Motion to Ext. Time for Responsive Pldg.
Johnson v. United States, et al.; CV 13-02405 DMR

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Case4:13-cv-02405-DMR Document5 Filed06/24/13 Page2 of 7

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Pursuant to Local Rule 6-3, Defendant City and County of San Francisco (“the City”) requests

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an extension of time to file a pleading responsive to Plaintiff’s Complaint. The City makes this

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request based on the following circumstances:

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1.

On May 28, 2013, Plaintiff filed the Complaint in this litigation. Plaintiff served the

Complaint on the Mayor’s Office on May 29, 2013.
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On June 4, 2013, Plaintiff completed service on the City, by serving a summons on the

Mayor’s Office. A responsive pleading is therefore due on June 25, 2013.
3.

Lead counsel of record in this case for the City is Bradley A. Russi, Esq., of the Office

of the San Francisco City Attorney. Mr. Russi first learned about this litigation on June 12, 2013,
when he was assigned the case.
4.

Since being assigned the case, Mr. Russi has been busy preparing a motion for

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summary judgment in another matter (C-12-00045-JST) and preparing for a trial (C-11-4911-JSC).

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Over the next several weeks, Mr. Russi will be involved in further trial preparations, depositions, and

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briefing in other matters.

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5.

The City believes that Plaintiff has failed to plead sufficient facts to state a claim for

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relief against it. Indeed, Plaintiff appears to be complaining about the actions of employees of the

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Veteran’s Administration who arrested him, not about actions of the City. As a result, the City intends

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to file a motion to dismiss under Rule 12(b)(6) and believes that the case should be disposed of as to

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the City at the pleading stage. In light of counsel’s schedule, a brief extension of time is needed in

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order for the City to prepare the motion.

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6.

The City requests that the deadline to file a responsive pleading be extended from June

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25, 2013 to July 12, 2013. Plaintiff will not be prejudiced in any way by this brief extension.

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Assuming that Plaintiff has properly served the federal defendants, their responsive pleading is not due

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until sixty days after service. Fed. R. Civ. Pro. 12(a)(2)-(3). Thus, this case will not be at issue for

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several months, at the earliest.

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7.

The City met and conferred with Plaintiff regarding this requested extension by letter

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dated June 19, 2013. Plaintiff responded by letter dated June 21, 2013, refusing the City’s requested

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seventeen-day extension.
Admin. Motion to Ext. Time for Responsive Pldg.
Johnson v. United States, et al.; CV 13-02405 DMR

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Case4:13-cv-02405-DMR Document5 Filed06/24/13 Page3 of 7

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For the reasons stated above, the City requests that the deadline for the City’s responsive
pleading be extended to July 12, 2013.

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Dated: June 24, 2013

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DENNIS J. HERRERA
City Attorney
CHERYL ADAMS
Chief Trial Attorney
BRADLEY A. RUSSI
Deputy City Attorney

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By:

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/s/ Bradley A. Russi
BRADLEY A. RUSSI
Attorneys for Defendant
CITY & COUNTY OF SAN FRANCISCO

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Admin. Motion to Ext. Time for Responsive Pldg.
Johnson v. United States, et al.; CV 13-02405 DMR

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Case4:13-cv-02405-DMR Document5 Filed06/24/13 Page6 of 7

[PROPOSED] ORDER

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Based on the above motion and for good cause appearing, the Court ORDERS as follows: the

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motion is GRANTED. The deadline for the City and County of San Francisco to file a responsive

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pleading shall be July 12, 2013.

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Dated: _____

_________

____________________________
The Honorable Donna M. Ryu
United States Magistrate Judge

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Admin. Motion to Ext. Time for Responsive Pldg.
Johnson v. United States, et al.; CV 13-02405 DMR

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