Stipulation to Continue Initial CMC 

Case No. 08-cv-2261 CRB

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DENNIS J. HERRERA, State Bar #139669

City Attorney

CHERYL ADAMS, State Bar #164194

Chief Trial Deputy

KIMBERLY A. BLISS, State Bar #207857

Deputy City Attorneys

1390 Market Street, 6th Floor

San Francisco, California 94102-5408

Telephone: (415) 554-3861

Facsimile: (415) 554-3837

Attorneys for Defendants

CITY AND COUNTY OF SAN FRANCISCO, 

AMY LEE, KARLA JOHNSON, LAWRENCE BADINER, 

CRAIG NIKITAS AND RAYMOND TANG

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

AUGUSTINE FALLAY,

Plaintiff,

vs.

CITY AND COUNTY OF SAN 

FRANCISCO, SAN FRANCISCO 

DEPARTMENT OF BUILDING 

INSPECTION, AMY LEE, KARLA 

JOHNSON, LAWRENCE BADINER, CRAIG 

NIKITAS, DAVID PFEIFER, DAVID CARR, 

BRUCE WHITTEN, FIRST AMERICAN 

SPECIALTY INSURANCE COMPANY, 

ROBERT DALTON, DONG XING FU, LI 

MING LEI, AND DOES 1-50,

Defendants.

Case No. CV-08-2261 (CRB)

STIPULATION AND ORDER CONTINUING 

CASE MANAGEMENT CONFERENCE FROM 

AUGUST 28, 2015 TO SEPTEMBER 11, 2015

Conference Date: August 28, 2015

Conference Time: 8:30 a.m.

Judge: Hon. Charles Breyer

Courtroom: Courtroom 6, 17th Floor, 450 Golden Gate Avenue

San Francisco

Trial Date: Not set

STIPULATED REQUEST FOR ORDER CHANGING TIME

This case was recently remanded from the Ninth Circuit Court of Appeals. 

Plaintiff Augustine Fallay is appearing In Pro Per.

The Ninth Circuit upheld the dismissal of defendants Don Xing (Tony) Fu and Li Ming 

(Crystal) Lei. Accordingly, the remaining defendants in this case are:

Case 3:08-cv-02261-CRB Document 152 Filed 08/10/15 Page 1 of 5
Stipulation to Continue Initial CMC 

Case No. 08-cv-2261 CRB

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 PARTY COUNSEL

The City and County of San Francisco, and City 

employees Amy Lee, Karla Johnson, Lawrence 

Badiner and Craig Nikitas and Raymond Tang

Deputy City Attorney Kimberly A. Bliss

Federal employees David Carr and Bruce 

Whitten

Assistant United States Attorney Wendy Garbers

Robert Dalton and First American Specialty 

Insurance Co. 

Gary R. Selvin, Esq.

Nancy Strout, Esq.

Selvin Wraith Halman LLP

This Court set a case management conference for Friday August 28, 2015 at 8:30 a.m. The 

parties hereby stipulate to a request for an order continuing the initial case management conference to 

September 11, 2015 at 8:30 a.m. As described in the concurrently-filed declaration of Kimberly A. 

Bliss, counsel for the City defendants and counsel for the federal defendants, are unavailable for a 

Case Management Conference on August 28, 2014. Counsel for the City will be out of town on 

vacation, and counsel for the federal defendants will be out of town for a two-week mandatory training 

in South Carolina. Bliss Decl. ¶2.

Accordingly, the parties have met and conferred regarding mutually-agreeable available dates 

and respectfully request that the Court continue the CMC to September 11, 2015 at 8:30 a.m.

IT IS SO STIPULATED.

Dated: August 4, 2015

By: **/s/ Augustine Fallay

AUGUSTINE FALLAY

Plaintiff, In Pro Per

**Pursuant to Civil L.R. 5-1(i)(3), the electronic 

signatory has obtained approval from this signatory.

Case 3:08-cv-02261-CRB Document 152 Filed 08/10/15 Page 2 of 5
Stipulation to Continue Initial CMC 

Case No. 08-cv-2261 CRB

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Dated: August 4, 2015

DENNIS J. HERRERA

City Attorney

CHERYL ADAMS

Chief Trial Deputy

KIMBERLY A. BLISS

Deputy City Attorney

By: /s/ Kimberly A. Bliss

KIMBERLY A. BLISS

Attorneys for Defendants

CITY AND COUNTY OF SAN FRANCISCO, 

AMY LEE, KARLA JOHNSON, LAWRENCE 

BADINER, CRAIG NIKITAS AND RAYMOND TANG

Dated: August 4, 2015 MELINDA HAAG, United States Attorney

WENDY GARBERS, Assistant United State Attorney

By: **/s/ Wendy Garbers

WENDY GARBERS

Attorneys for Defendants

DAVID CARR AND BRUCE WHITTEN

**Pursuant to Civil L.R. 5-1(i)(3), the electronic 

signatory has obtained approval from this signatory.

Dated: August 4, 2015 SELVIN WRAITH HALLMAN LLP

By: **/s/ Gary R. Selvin

GARY R. SELVIN, Esq.

Attorneys for Defendants 

ROBERT DALTON AND FIRST AMERICAN 

SPECIALTY INSURANCE CO. 

**Pursuant to Civil L.R. 5-1(i)(3), the electronic 

signatory has obtained approval from this signatory.

Case 3:08-cv-02261-CRB Document 152 Filed 08/10/15 Page 3 of 5
Stipulation to Continue Initial CMC 

Case No. 08-cv-2261 CRB

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DECLARATION IN SUPPORT OF STIPULATED REQUEST FOR ORDER CHANGING 

TIME

I, Kimberly A. Bliss, declare as follows:

1. I am a Deputy City Attorney in the Office of the San Francisco City Attorney, counsel 

of record to Defendants City and County of San Francisco, Amy Lee, Karla Johnson, Lawrence 

Badiner, Craig Nikitas and Raymond Tang. I have personal knowledge of the contents of this 

declaration, except where indicated otherwise, and I could and would testify competently thereto if 

called upon to do so. 

2. Rule 6-2(a)(1), reasons for requested continuance. I am unavailable to attend a Case 

Management Conference on August 28, 2015, as I will be out of town on vacation, returning 

September 1, 2015. Additionally, I am informed and believe that counsel for the federal defendants, 

Wendy Garber, will also be out of town on August 28, 2015, to attend a two-week mandatory training 

in South Carolina. I have met and conferred with all parties, and the first mutually-agreeable Friday 

that all of the parties are available is September 11, 2015.

3. Rule 6-2(a)(2), previous time modifications. The parties have not made any prior 

requests to continue this first Case Management Conference since the case was remanded from the 

Ninth Circuit.

4. Rule 6-2(a)(3), effect of the proposed modification on the schedule for the case. No 

other case management dates have yet been set in this matter, so the requested continuance is not 

expected to affect any other deadlines.

I declare under penalty of perjury under the laws of the United States that the foregoing is true 

and correct. Executed August 4, 2015 at San Francisco, California.

/s/ Kimberly A. Bliss KIMBERLY A. BLISS

[proposed order on following page]

Case 3:08-cv-02261-CRB Document 152 Filed 08/10/15 Page 4 of 5
Stipulation to Continue Initial CMC 

Case No. 08-cv-2261 CRB

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ORDER

PURSUANT TO STIPULATION AND GOOD CAUSE SHOWN, the Court hereby orders 

that the Case Management Conference in the above entitled action set for August 28, 2015, at 

8:30 a.m. is hereby continued to September 11, 2015, at 8:30 a.m. The parties shall file their Case 

Management Conference Statement on or before September 4, 2015.

IT IS SO ORDERED. 

Dated: August10, 2015 ______________________________________

THE HONORABLE CHARLES BREYER

UNITED STATES DISTRICT JUDGE

Case 3:08-cv-02261-CRB Document 152 Filed 08/10/15 Page 5 of 5