Kihagi v. City of San Francisco

Filing 77

STIPULATION AND ORDER re 75 STIPULATION WITH PROPOSED ORDER re 71 Clerk's Notice. STIPULATION AND [PROPOSED] ORDER CONTINUING CASE MANAGEMENT CONFERENCE filed by Anna Kihagi, City of San Francisco, California. Case Management Statement due by 6/26/2018. Further Case Management Conference set for 7/3/2018 01:30 PM. Signed by Magistrate Judge Kandis A. Westmore on 1/4/18. (sisS, COURT STAFF) (Filed on 1/4/2018)

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DENNIS J. HERRERA, State Bar #139669
City Attorney
CHERYL ADAMS, State Bar #164194
Chief Trial Deputy
MARGARET W. BAUMGARTNER, State Bar #151762
Deputy City Attorney
Fox Plaza
1390 Market Street, 6th 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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ANNA KIHAGI, an individual, XELAN
PROP 1, LLC, a California limited liability
company; RENKA PROP, LLC, a California
limited liability company; and ZORIALL LLC,
a California limited liability company,

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Plaintiffs,

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vs.

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CITY OF SAN FRANCISCO, CALIFORNIA,
a California public facilities corporation;
VICTORIA L. WEATHERFORD; a natural
person; MICHAEL WEISS; a natural person;
TONY PELEA, a natural person; MARICIO
HERNANDEZ, a natural person and DOES I30, inclusive,

Case No. 15-cv-01168 KAW
STIPULATION AND [PROPOSED] ORDER
CONTINUING CASE MANAGEMENT
CONFERENCE
Hearing Date:
Time:
Place:

Jan. 9, 2018
1:30 p.m.
Oakland Courthouse
1301 Clay Street
Oakland, CA 94612

Trial Date:

Not set.

Defendants.

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Stip & [Proposed] Order to Continue CMC
Case No. 15-cv-01168 KAW

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The Case Management Conference is currently scheduled for Tuesday, January 9, 2018 at 1:30

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p.m. The parties request a continuance of the Case Management Conference for six months. There is

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good cause for such a continuance for the following reasons:

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1. The Court issued a stay of this matter due to a state court proceeding between the parties

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related to the same incidents. The City and County of San Francisco prevailed at the trial court level.

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On the state court appeal, the City obtained a preference order. Over the weekend, however, the LLC

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Plaintiffs filed for bankruptcy. Based on the bankruptcy, they filed for a stay in the state court action,

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and will file a stay in this matter. Kihagi did not file bankruptcy as an individual.

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2. Neither party believes that a case management conference in this case would be useful until

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the state court of appeal decision is final, at which time the City, who is currently the only defendant

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here, intends to file a motion to dismiss.

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3. There are no other dates in this matter that will be affected by a continuation of the case
management conference.

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Stip & [Proposed] Order to Continue CMC
Case No. 15-cv-01168 KAW

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Accordingly, the parties request that this Court continue the case management conference for

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six months. If the state court of appeal issues a decision or the trial court decision otherwise becomes

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final prior to that time, defendant the City will so inform the court.

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Dated: January 2, 2018

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DENNIS J. HERRERA
City Attorney
CHERYL ADAMS
Chief Trial Deputy
MARGARET W. BAUMGARTNER
Deputy City Attorney

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By: /s/ Margaret W. Baumgartner
MARGARET W. BAUMGARTNER

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Attorneys for Defendant
CITY AND COUNTY OF SAN FRANCISCO

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Dated: June 22, 2016

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Zfaty/Burns

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By: /s/ Sam Maralan
SAM MARALAN

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Attorneys for Plaintiff
ANNA KIHAGI

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Stip & [Proposed] Order to Continue CMC
Case No. 15-cv-01168 KAW

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[PROPOSED] ORDER

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The Case Management Conference currently set for January 9, 2018 is continued to Tuesday

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July 3
______________, 2018 at 1:30 p.m.

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IT IS SO ORDERED.

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Dated: 1/4/18

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HONORABLE KANDIS A. WESTMORE
UNITED STATES MAGISTRATE JUDGE

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Stip & [Proposed] Order to Continue CMC
Case No. 15-cv-01168 KAW

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