Bruce E Krell v. City and County of San Francisco et al

Northern District of California, cand-4:2015-cv-01833

STIPULATION AND ORDER TERMINATING PENDING MATTERS AND VACATING HEARING DATES. Signed by Magistrate Judge Kandis A. Westmore on 9/29/15.

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1 DENNIS J. HERRERA, State Bar #139669 City Attorney 2 CHERYL ADAMS, State Bar #164194 Chief Trial Deputy 3 PETER J. KEITH, State Bar #206482 Deputy City Attorney 4 Fox Plaza 1390 Market Street, 6th Floor 5 San Francisco, California 94102-5408 Telephone: (415) 554-3908 6 Facsimile: (415) 554-3837 E-Mail: peter.keith@sfgov.org 7 Attorneys for Defendant 8 CITY AND COUNTY OF SAN FRANCISCO 9 Russell A. Robinson, State Bar # 163937 Law Office of Russell A. Robinson 10 345 Grove Street, First Floor San Francisco CA 94102 11 Telephone: 415.861.4416 Facsimile: 415.431.4526 12 E-Mail: rlaw345@gmail.com 13 Attorney for Plaintiff BRUCE E. KRELL 14 15 UNITED STATES DISTRICT COURT 16 NORTHERN DISTRICT OF CALIFORNIA 17 BRUCE KRELL, Case No. 15-cv-01833 KAW 18 Plaintiff, JOINT NOTICE OF PENDING SETTLEMENT; [PROPOSED] ORDER 19 vs. TERMINATING PENDING MATTERS AND VACATING HEARING DATES 20 CITY AND COUNTY OF SAN FRANCISCO, OFFICER BEL GELASIO, 21 (#20), OFFICE OF THE TREASURE AND Trial Date: Not Set. TAX COLLECTOR, RON MEUNIER (#14), 22 OFFICER CHARLES SMITH, OFFICER ADRIAN GIANINI, and DOES 1-40, 23 Defendants. 24 25 26 27 28 Notice of Pending Settlement 1 document1 CASE NO. 15-cv-01833KAW 1 TO THE UNITED STATES DISTRICT COURT: 2 THE PARTIES HEREBY JOINTLY NOTIFY THE COURT that a settlement has been 3 reached in this matter, pending approval of all appropriate governing bodies, including, but not limited 4 to, the City and County of San Francisco. The parties respectfully request a 45-day period to give the 5 parties an opportunity to effectuate the settlement and file a request for dismissal with prejudice. 6 In light of this settlement, the parties are filing this notice of settlement in lieu of their initial 7 joint case management statement, which now appears moot. 8 The parties hereby request that the court take all pending matters off calendar: 9 1. The Motion to Dismiss Complaint [Dkt. No. 8] and Special Motion to Strike [Dkt. No. 10 9] set for hearing before Judge Westmore on October 1, 2015 at 11am. 11 2. The Initial Case Management Conference set for hearing before Judge Westmore on 12 October 6, 2015 at 1:30pm. 13 3. The Settlement Conference set for hearing before Judge James on October 9, 2015 at 14 10:30am. 15 Dated: September 29, 2015 16 DENNIS J. HERRERA City Attorney 17 CHERYL ADAMS Chief Trial Deputy 18 PETER J. KEITH 19 Deputy City Attorney 20 By:/s/ Peter J. Keith PETER J. KEITH 21 Attorneys for Defendant 22 CITY AND COUNTY OF SAN FRANCISCO 23 Dated: September 29, 2015 24 Law Office of Russell A. Robinson 25 By:/s/ Russell A. Robinson RUSSELL A. ROBINSON 26 27 Attorney for Plaintiff BRUCE KRELL 28 Notice of Pending Settlement 2 document1 CASE NO. 15-cv-01833KAW 1 [PROPOSED] ORDER TERMINATING PENDING MATTERS AND VACATING HEARING DATES 2 GOOD CAUSE APPEARING, the Court hereby orders that all pending matters be terminated 3 and all hearings be vacated: 4 1. The Motion to Dismiss Complaint [Dkt. No. 8] and Special Motion to Strike [Dkt. No. 5 9] set before Judge Westmore on October 1, 2015 at 11am. 6 2. The Initial Case Management Conference set before Judge Westmore on October 6, 7 2015 at 1:30pm. 8 3. The Settlement Conference set before Judge James on October 9, 2015 at 10:30am. 9 The parties are hereby directed to, by November 12, 2015, file either a request for dismissal or 10 a report to the Court regarding any additional time needed to conclude the settlement. 11 IT IS SO ORDERED. 12 13 9/29/15 Dated: _______________________ 14 __________________________________________ MAGISTRATE JUDGE KANDIS A. WESTMORE 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Notice of Pending Settlement 3 document1 CASE NO. 15-cv-01833KAW