STIP TO CONT. TRIAL DATE, CASE NO. 09-0941 n:\labor\li2009\091120\00639991.doc

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CURTIS G. OLER, State Bar #63689 

LAW OFFICES OF CURTIS G. OLER 

Post Office Box 15083 

San Francisco, CA 94115 

Telephone: 415-346-8015 

Facsimile: 415-346-8238 

Attorney for Plaintiff, 

SHERRY LYNN MEANS 

DENNIS J. HERRERA, State Bar #139669

City Attorney 

ELIZABETH SALVESON, State Bar #83788 Chief Labor Attorney 

RUTH M. BOND, State Bar #214582 

Deputy City Attorney 

Fox Plaza 

1390 Market Street, Fifth Floor 

San Francisco, California 94102-5408 

Telephone: (415) 554-3976 

Facsimile: (415) 554-4248 

E-Mail: ruth.bond@sfgov.org 

Attorneys for Defendant 

CITY AND COUNTY OF SAN FRANCISCO, ET AL. 

UNITED STATES DISTRICT COURT 

NORTHERN DISTRICT OF CALIFORNIA 

SHERRY LYNN MEANS, 

 Plaintiff, 

 vs. 

CITY AND COUNTY OF SAN 

FRANCISCO, DEPARTMENT OF PUBLIC 

HEALTH; and DOES 1 through 25, 

 Defendants. 

Case No. CV 09-0941TEH 

STIPULATION AND JOINT REQUEST TO 

CONTINUE TRIAL DATE AND PRETRIAL 

DEADLINES AND [PROPOSED] ORDER 

Trial Date: November 2, 2010 

Case 3:09-cv-00941-TEH Document 25 Filed 07/13/10 Page 1 of 4
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The parties hereby stipulate and request that the Court continue the trial date in this matter by 

approximately 34 days, and continue the associated pretrial deadlines accordingly. The parties request 

that the trial date be continued from November 2, 2010 to December 6, 2010 for the following reasons: 

Defendant has been unable to complete Plaintiff's deposition because of the parties' scheduling 

conflicts as well as a delay by Plaintiff in producing documents in response to Defendant's document 

requests. Defendant took the first portion of Plaintiff's deposition on March 9, 2010, and the parties 

agreed to schedule another day of deposition as soon as possible after Plaintiff produced documents in 

response to Defendant's first request for production of documents. 

Beginning on April 14, 2010, counsel for Defendant Ruth M. Bond was in trial in another 

matter, Lori Dutra v. City and County of San Francisco, et al., San Francisco Superior Court Case No. 

CGC-09-484160, which lasted from April 14 to May 26. During that time, she was unavailable to 

complete Plaintiff's deposition. In early May, Defendant granted Plaintiff an extension of time to 

respond to its document requests. 

Following defense counsel's trial in the Dutra matter, the parties agreed to schedule the 

remainder of Plaintiff's deposition on June 29, 2010. Plaintiff produced documents in response to 

Defendant's requests on June 15, 2010. At her deposition on June 29, Plaintiff indicated that she had 

additional documents in her possession that had not been produced. The parties agreed that Defendant 

could further depose Plaintiff once she produced any additional documents in her possession. 

On June 30, Plaintiff produced several more documents, including handwritten notes and a 

settlement agreement relating to certain allegations in the Complaint. These documents relate to 

material issues in the case and Defendant needs to depose plaintiff on these matters in advance of 

filing its summary judgment motion, which currently is due on August 9, 2010. Both parties are not 

available to continue the deposition until August 9, 2010, the same date that dispositive motions are 

due. 

The parties have worked diligently to complete discovery in this case. However because of the 

parties' scheduling conflicts, they need additional time to complete Plaintiff's deposition and file 

dispositive motions. Moving the trial date from November 2 to December 6, 2010 would give the 

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parties sufficient time to complete discovery, file dispositive motions and, if necessary, prepare for 

trial. 

The parties propose the following revised schedule: 

Discovery cutoff: August 19, 2010 

Dispositive Motions: August 30, 2010 

Motion Hearing: October 4, 2010 

Trial Date: December 6, 2010 

Respectfully submitted: 

Dated: July 12, 2009 By:___________/s/_____________ CURTIS G. OLER 

LAW OFFICES OF CURTIS G. OLER 

Attorney for Plaintiff, SHERRY LYNN 

MEANS 

Dated: June 12, 2009 DENNIS J. HERRERA

City Attorney 

ELIZABETH S. SALVESON 

Chief Labor Attorney 

RUTH M. BOND 

Deputy City Attorney 

By:___________/s/_____________ RUTH M. BOND 

Attorneys for Defendants 

CITY AND COUNTY OF SAN FRANCISCO, 

ET AL.

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The Court has considered the parties' Stipulation and Joint Request to Continue Trial Date and 

good cause having been shown, it is SO ORDERED that the new pretrial and trial deadlines are as 

follows: 

Discovery cutoff: August 19, 2010 

Dispositive Motions: August 30, 2010 

Motion Hearing: October 4, 2010 

Trial Date: December 6, 2010 

Dated: July ___, 2010 __________________________________ 

 HON. THELTON E. HENDERSON 

 

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORN

I

A

DENIED

Judge Thelton E. Henderson

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