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Cook v. City and County of San Francisco

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA


July 2, 2008

CLIFFORD COOK, PLAINTIFF,
v.
CITY AND COUNTY OF SAN FRANCISCO, ANTONIO FLORES, DON SLOAN, MARSHA ASHE, AND DOES 1-50, INCLUSIVE, DEFENDANTS.

The opinion of the court was delivered by: Hon. Charles R. Breyer United States District Judge

STIPULATION TO MODIFY BRIEFING SCHEDULE RE PLAINTIFF'S MOTION TO AMEND OR, IN THE ALTERNATIVE, TO DISMISS CLAIMS, AND PROPOSED ORDER

Hearing Date: July 25, 2008

Time: 10:00 a.m.

Place: Courtroom 8, 19th Fl.

Date action filed: May 15, 2007

WHEREAS, on June 18, 2008, Plaintiff, Clifford Cook, filed a Motion to Amend the Complaint, Or In The Alternative, to Dismiss Two Claims Without Prejudice in the above matter;

WHEREAS, the Court has scheduled the hearing for July 25, 2008;

WHEREAS, the City's opposition would be due on July 3, 2008 absent an order continuing the deadlines to a future date,

WHEREAS, as represented to the Court at the last status conference, lead counsel for the City (Margaret Baumgartner) has been out of the country since June 17, and will return on July 9;

WHEREAS, per the Court's Order, summary-judgment motions are due on August 1, 2008, such that continuing the hearing of July 25, 2008 might conflict with the August deadline;

WHEREAS, after meeting and conferring, the parties agree to the following briefing schedule to give Ms. Baumgartner an opportunity to review the motion, and file the City's opposition (if any):

1. Defendant's Opposition (if any) to Plaintiff's motion shall be due on or before July 14 and

2. Plaintiff's Reply (if any) shall be due on or before July 21.

THEREFORE, the parties stipulate and respectfully request that the Court issue an order that:

1. Defendant's Opposition (if any) to Plaintiff's motion shall be due on or before July 14 and

2. Plaintiff's Reply (if any) shall be due on or before July 21.

Dated: July 1, 2008

Respectfully submitted,

DENNIS J. HERRERA City Attorney ELIZABETH S. SALVESON Chief Labor Attorney MARGARET W. BAUMGARTNER ADELMISE ROSEMÉ WARNER Deputy City Attorneys By: ADELMISE ROSEMÉ WARNER Attorneys for Defendant CITY AND COUNTY OF SAN FRANCISCO

[PROPOSED] ORDER

GOOD CAUSE APPEARING, THE COURT HEREBY ORDERS AS FOLLOWS:

1. Defendant's Opposition (if any) to Plaintiff's motion shall be due on or before July 14 and

2. Plaintiff's Reply (if any) shall be due on or before July 21.

SO ORDERED.

The hearing is rescheduled to July 24, 2008 at 10:00 a.m.

20080702

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