Kihagi v. City of San Francisco

Northern District of California, cand-4:2015-cv-01168

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.

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1 DENNIS J. HERRERA, State Bar #139669 City Attorney 2 CHERYL ADAMS, State Bar #164194 Chief Trial Deputy 3 MARGARET W. BAUMGARTNER, State Bar #151762 Deputy City Attorney 4 Fox Plaza 1390 Market Street, 6th Floor 5 San Francisco, California 94102-5408 Telephone: (415) 554-3859 6 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 ANNA KIHAGI, an individual, XELAN Case No. 15-cv-01168 KAW PROP 1, LLC, a California limited liability 14 company; RENKA PROP, LLC, a California STIPULATION AND [PROPOSED] ORDER limited liability company; and ZORIALL LLC, CONTINUING CASE MANAGEMENT 15 a California limited liability company, CONFERENCE 16 Plaintiffs, Hearing Date: Jan. 9, 2018 Time: 1:30 p.m. 17 vs. Place: Oakland Courthouse 1301 Clay Street 18 CITY OF SAN FRANCISCO, CALIFORNIA, Oakland, CA 94612 a California public facilities corporation; 19 VICTORIA L. WEATHERFORD; a natural Trial Date: Not set. person; MICHAEL WEISS; a natural person; 20 TONY PELEA, a natural person; MARICIO HERNANDEZ, a natural person and DOES I- 21 30, inclusive, 22 Defendants. 23 24 25 26 27 28 Stip & [Proposed] Order to Continue CMC 1 c:\users\imbria~1\appdata\local\temp\notes06e812\01243333.docx Case No. 15-cv-01168 KAW 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 3. There are no other dates in this matter that will be affected by a continuation of the case 13 management conference. 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Stip & [Proposed] Order to Continue CMC 2 c:\users\imbria~1\appdata\local\temp\notes06e812\01243333.docx Case No. 15-cv-01168 KAW 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 7 CHERYL ADAMS Chief Trial Deputy 8 MARGARET W. BAUMGARTNER 9 Deputy City Attorney 10 By: /s/ Margaret W. Baumgartner 11 MARGARET W. BAUMGARTNER 12 Attorneys for Defendant CITY AND COUNTY OF SAN FRANCISCO 13 14 Dated: June 22, 2016 15 Zfaty/Burns 16 By: /s/ Sam Maralan 17 SAM MARALAN 18 Attorneys for Plaintiff ANNA KIHAGI 19 20 21 22 23 24 25 26 27 28 Stip & [Proposed] Order to Continue CMC 3 c:\users\imbria~1\appdata\local\temp\notes06e812\01243333.docx Case No. 15-cv-01168 KAW 1 [PROPOSED] ORDER 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 8 UNITED STATES MAGISTRATE JUDGE 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 4 c:\users\imbria~1\appdata\local\temp\notes06e812\01243333.docx Case No. 15-cv-01168 KAW