Martinez v. City and County of San Francisco

Filing 31

Order by Magistrate Judge Donna M. Ryu granting 30 Stipulation.(dmrlc2, COURT STAFF) (Filed on 3/21/2014)

Case4:13-cv-04197-DMR Document30 Filed03/21/14 Page1 of 4

1
2
3
4
5
6
7
8
9
10

DENNIS J. HERRERA, State Bar #139669
City Attorney
CHERYL ADAMS, State Bar #164194
Chief Trial Attorney
WARREN METLITZKY, State Bar #220758
NEWTON OLDFATHER, State Bar #281227
Deputy City Attorneys
Fox Plaza
1390 Market Street, Sixth Floor
San Francisco, California 94102-5408
Telephone:
[phone] (Warren Metlitzky)
[phone] (Newton Oldfather)
Facsimile:
[phone]
Email:
[e-mail]
[e-mail]
Attorneys for Defendant
CITY AND COUNTY OF SAN FRANCISCO

11
12

UNITED STATES DISTRICT COURT

13

NORTHERN DISTRICT OF CALIFORNIA

14

FREDDY U. MARTINEZ,
Plaintiff,

15
16
17
18
19

Case No. 13-cv-4197 DMR
STIPULATION AND [PROPOSED] ORDER
EXTENDING TIME FOR SETTLEMENT
CONFERENCE

vs.
CITY AND COUNTY OF SAN FRANCISCO
and DOES 1 to 50,

Trial Date:

March 2, 2015

Defendants.

20
21
22

The parties to this litigation enter the following stipulation and respectfully request that the
Court approve of and enter the following order:
STIPULATION

23
24
25
26

WHEREAS,
1. Defendant consented to Magistrate Judge Donna M. Ryu on October 8, 2013. Plaintiff
consented on November 26, 2013.

27
28

STIPULATION TO EXTEND SETTLEMENT
CONFERENCE
CASE NO. 13-cv-4197 DMR

1

Case4:13-cv-04197-DMR Document30 Filed03/21/14 Page2 of 4

2. On December 5, 2013, the Court ordered the parties to participate in a settlement

1

conference with Magistrate Judge Kandis A. Westmore by March 15, 2014.

2

3.

3

On March 12, 2014, Deputy City Attorney Warren Metlitzky and Plaintiff’s counsel

4

Gino Molinari attended a scheduled settlement conference. Plaintiff did not attend. Judge

5

Westmore informed Plaintiff’s counsel that the settlement conference could not proceed without

6

Plaintiff present.
4.

7

Plaintiff is currently attempting to resolve a dispute as to his counsel in this matter.

8

The two attorneys of record for Plaintiff anticipate that they will resolve the dispute within the next

9

eight weeks.
5. After the issue is resolved, the parties agree that an additional attempt at a settlement

10

conference would be a productive use of resources.

11
12

//

13

//

14

//

15

//

16

//

17

//

18

//

19

//

20

//

21

//

22

//

23

//

24

//

25

//

26

//

27

//

28

STIPULATION TO EXTEND SETTLEMENT
CONFERENCE
CASE NO. 13-cv-4197 DMR

2

Case4:13-cv-04197-DMR Document30 Filed03/21/14 Page3 of 4

1

THE PARTIES HEREBY STIPULATE and respectfully request that the Court extend the

2

time to attend a settlement conference with Judge Westmore until June 1, 2014, subject to Judge

3

Westmore’s availability. Plaintiff’s counsel will notify the Court and the City once the dispute as to

4

counsel is resolved.

5

Dated: March 21, 2014

6
7
8
9

DENNIS J. HERRERA
City Attorney
CHERYL ADAMS
Chief Trial Attorney
WARREN METLITZKY
NEWTON OLDFATHER
Deputy City Attorneys
By: /s/ Newton Oldfather
NEWTON OLDFATHER

10
11

Attorneys for Defendants
CITY AND COUNTY OF SAN FRANCISCO

12
13
14

LAW OFFICES OF GINO J. MOLINARI

15
By: /s/ Gino J. Molinari (with permission)*
GINO J. MOLINARI

16
17

Attorney for Plaintiff
FREDDY U. MARTINEZ
*Pursuant to GO 45, the electronic signatory has
obtained approval from this signatory.

18
19
20

LAW OFFICES OF XAVIER A. BAEZA

21
By:_/s/ Xavier A. Baeza (with permission)*__
XAVIER A. BAEZA

22
23

Attorney for Plaintiff
FREDDY U. MARTINEZ
*Pursuant to GO 45, the electronic signatory has
obtained approval from this signatory.

24
25
26
27
28

STIPULATION TO EXTEND SETTLEMENT
CONFERENCE
CASE NO. 13-cv-4197 DMR

3

Case4:13-cv-04197-DMR Document30 Filed03/21/14 Page4 of 4

1

[PROPOSED] ORDER

2

The parties are ordered to participate in a settlement conference before Magistrate Judge

3

Kandis A. Westmore, which shall be completed by no later than 6/1/2014, or as soon thereafter as is

4

convenient to Judge Westmore’s calendar.

S

7
8

DERED

O OR
IT IS S

Ryu

R NIA

It is so ORDERED.

UNIT
ED

6

RT
U
O

5

S DISTRICT
TE
C
TA

D IS T IC T
R

13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
STIPULATION TO EXTEND SETTLEMENT
CONFERENCE
CASE NO. 13-cv-4197 DMR

4

A

H

LI

RT

12

28

ER

FO

11

9

NO

10

na M.
______________________________________
dge Don
Ju
THE HONORABLE DONNA M. RYU
UNITED STATES MAGISTRATE JUDGE

Dated: March 21, 2014_____

N

OF

C