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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1 2 3 4 5 6 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: (415) 554-3859 Facsimile: (415) 554-3837 E-Mail: margaret.baumgartner@sfgov.org 7 8 Attorneys for Defendant CITY AND COUNTY OF SAN FRANCISCO 9 10 11 UNITED STATES DISTRICT COURT 12 NORTHERN DISTRICT OF CALIFORNIA 13 14 15 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, 16 Plaintiffs, 17 vs. 18 19 20 21 22 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. 23 24 25 26 27 28 Stip & [Proposed] Order to Continue CMC Case No. 15-cv-01168 KAW 1 c:\users\imbria~1\appdata\local\temp\notes06e812\01243333.docx 1 The Case Management Conference is currently scheduled for Tuesday, January 9, 2018 at 1:30 2 p.m. The parties request a continuance of the Case Management Conference for six months. There is 3 good cause for such a continuance for the following reasons: 4 1. The Court issued a stay of this matter due to a state court proceeding between the parties 5 related to the same incidents. The City and County of San Francisco prevailed at the trial court level. 6 On the state court appeal, the City obtained a preference order. Over the weekend, however, the LLC 7 Plaintiffs filed for bankruptcy. Based on the bankruptcy, they filed for a stay in the state court action, 8 and will file a stay in this matter. Kihagi did not file bankruptcy as an individual. 9 2. Neither party believes that a case management conference in this case would be useful until 10 the state court of appeal decision is final, at which time the City, who is currently the only defendant 11 here, intends to file a motion to dismiss. 12 13 3. There are no other dates in this matter that will be affected by a continuation of the case management conference. 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Stip & [Proposed] Order to Continue CMC Case No. 15-cv-01168 KAW 2 c:\users\imbria~1\appdata\local\temp\notes06e812\01243333.docx 1 Accordingly, the parties request that this Court continue the case management conference for 2 six months. If the state court of appeal issues a decision or the trial court decision otherwise becomes 3 final prior to that time, defendant the City will so inform the court. 4 5 Dated: January 2, 2018 6 DENNIS J. HERRERA City Attorney CHERYL ADAMS Chief Trial Deputy MARGARET W. BAUMGARTNER Deputy City Attorney 7 8 9 10 By: /s/ Margaret W. Baumgartner MARGARET W. BAUMGARTNER 11 12 Attorneys for Defendant CITY AND COUNTY OF SAN FRANCISCO 13 14 Dated: June 22, 2016 15 Zfaty/Burns 16 By: /s/ Sam Maralan SAM MARALAN 17 Attorneys for Plaintiff ANNA KIHAGI 18 19 20 21 22 23 24 25 26 27 28 Stip & [Proposed] Order to Continue CMC Case No. 15-cv-01168 KAW 3 c:\users\imbria~1\appdata\local\temp\notes06e812\01243333.docx [PROPOSED] ORDER 1 2 The Case Management Conference currently set for January 9, 2018 is continued to Tuesday 3 July 3 ______________, 2018 at 1:30 p.m. 4 IT IS SO ORDERED. 5 6 Dated: 1/4/18 7 HONORABLE KANDIS A. WESTMORE UNITED STATES MAGISTRATE JUDGE 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Stip & [Proposed] Order to Continue CMC Case No. 15-cv-01168 KAW 4 c:\users\imbria~1\appdata\local\temp\notes06e812\01243333.docx

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