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

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

STIPULATION AND ORDER re {{14}} STIPULATION WITH PROPOSED ORDER re {{10}} Request for Judicial Notice, {{9}} MOTION to Strike {{1}} Complaint,, {{8}} MOTION to Dismiss, {{11}} Declaration in Support STIPULATION TO CONTINUE HEARINGS ON MOTION TO DISMISS AND MOT filed by Bruce E Krell, City & County San Francisco, Set/Reset Deadlines as to {{14}} STIPULATION WITH PROPOSED ORDER re {{10}} Request for Judicial Notice, {{9}} MOTION to Strike {{1}} Complaint,, {{8}} MOTION to Dismiss, {{11}} Declaration in Support STIPULATION TO CONTINUE HEARINGS ON MOTION TO DISMISS AND MOT, {{8}} MOTION to Dismiss, {{9}} MOTION to Strike {{1}} Complaint. Case Management Statement due by 9/29/2015. Case Management Conference set for 10/6/2015 01:30 PM. Responses due by 7/27/2015. Replies due by 8/10/2015. Motion Hearing set for 9/3/2015 11:00 AM in Courtroom 4, 3rd Floor, Oakland before Magistrate Judge Kandis A. Westmore. Signed by Magistrate Judge Kandis A. Westmore on 6/15/15.

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1 Russell A. Robinson, 163937 Law Office of Russell A. Robinson 2 345 Grove Street, First Floor San Francisco CA 94102 3 Tel: 415.861.4416 Fax: 415.431.4526 4 rlaw345@gmail.com 5 Counsel for Plaintiff BRUCE E. KRELL 6 7 8 UNITED STATES DISTRICT COURT 9 NORTHERN DISTRICT OF CALIFORNIA 10 BRUCE E. KRELL, No. 15-CV-1833 11 Plaintiff, STIPULATION TO CONTINUE HEARINGS 12 ON MOTION TO DISMISS AND MOTION TO v. STRIKE, TO CONTINUE INITIAL CASE 13 MANAGEMENT CONFERENCE, AND TO CITY & COUNTY OF SAN FRANCISCO, CONTINUE ALL FILING DEADLINES; 14 OFFICER BEL GELASIO (#20), OFFICE OF THE [PROPOSED] ORDER THEREON TREASURER AND TAX COLLECTOR, RON 15 MEUNIER (#14), OFFICER CHARLES SMITH, [DEMAND FOR JURY TRIAL] OFFICER ADRIAN GIANINI, and DOES 1-40, 16 Defendants. 17 / 18 PLAINTIFF BRUCE K. KRELL AND DEFENDANT CITY & COUNTY OF SAN 19 FRANCISCO HEREBY STIPULATE AND AGREE AS FOLLOWS: 20 1. On June 1, 2015, Defendant City & County of San Francisco filed a motion to 21 dismiss Plaintiff's complaint pursuant to Federal Rules of Civil Procedure, Rule 12(b)(6). That 22 same date, Defendant City & County of San Francisco filed a special motion to strike Plaintiff's 23 state cause of action pursuant to California Code of Civil Procedure, section 425.16. Plaintiff's oppositions to both motions are due June 15, 2015. The parties presently have their initial, joint 24 Case Management Statement due by July 14, 2015, and the Case Management Conference set 25 for July 21, 2015, at 1:30 PM in Courtroom 4, 3rd Floor, of this Court's Oakland courthouse. 26 27 Krell v. C&C San Francisco, et al. P007STIP STIPULATION TO CONTINUE HEARINGS, 28 ET AL.; [PROPOSED] ORDER THEREON 1 1 2. The parties, through counsel of record, have met and conferred and agreed on 2 the following modifications to the above, pending approval of the Court: 3 a. Plaintiff's oppositions to both motions will be due July 27, 2015; 4 b. Defendant's replies as to both motions will be due August 10, 2015; 5 c. Hearing of both motions will be September 3, 2015, at 11:00 AM, in 6 Courtroom 4, 3rd Floor, of this Court's Oakland courthouse. 7 d. The parties' initial, joint Case Management Statement will be due by 8 September 29, 2015, and the Case Management Conference will be set 9 for October 6, 2015, at 1:30 PM in Courtroom 4, 3rd Floor, of this Court's 10 Oakland courthouse. 11 3. Good cause for extension of the briefing schedule exists in that Plaintiff's counsel 12 requires additional time to prepare opposition briefs. Good cause exists for continuance of the 13 case management conference in order to give the Court time to rule on both motions and to 14 permit the parties to engage in settlement discussions prior to incurring expense of discovery; 15 the current date of the case management conference is July 21, 2015, when the Court is 16 unavailable; and, in addition, defense counsel has a pre-scheduled, prepaid vacation on that 17 same date. 18 19 Date: June 9, 2015 /s/ Russell A. Robinson Russell A. Robinson 20 Law Office of Russell A. Robinson Counsel for Plaintiff 21 BRUCE E. KRELL 22 23 Date: June 9, 2015 /s/ Peter J. Keith Peter J. Keith 24 Deputy City Attorney City & County of San Francisco 25 Counsel for Defendant CITY & COUNTY OF SAN FRANCISCO 26 27 Krell v. C&C San Francisco, et al. P007STIP STIPULATION TO CONTINUE HEARINGS, 28 ET AL.; [PROPOSED] ORDER THEREON 2 1 ORDER 2 Good cause appearing, it is hereby ordered as follows: 3 Plaintiff's oppositions to the June 1, 2015, motion to dismiss and special motion to strike 4 will be due July 27, 2015. 5 Defendant's replies as to both motions will be due August 10, 2015. 6 Hearing of both motions take place on September 3, 2015, at 11:00 AM, in Courtroom 4, 7 3rd Floor, of this Court's Oakland courthouse. 8 The parties' initial, joint Case Management Statement shall be due by September 29, 9 2015, and the Case Management Conference take place on October 6, 2015, at 1:30 PM in 10 Courtroom 4, 3rd Floor, of this Court's Oakland courthouse. 11 IT IS SO ORDERED. 12 13 14 Date: June __, 15 2015 Magistrate Judge Kandis A. Westmore 15 USDC, Northern District of California 16 17 18 19 20 21 22 23 24 25 26 27 Krell v. C&C San Francisco, et al. P007STIP STIPULATION TO CONTINUE HEARINGS, 28 ET AL.; [PROPOSED] ORDER THEREON 3