Los Angeles SMSA Limited Partnership v. City of Los Angeles, California

Filing 18

STIPULATED JUDGMENT by Judge Beverly Reid O'Connell. THE COURT DOES HEREBY ORDER, ADJUDGE AND DECREE, as follows: (1) Judgment is entered on the Fourth Cause of Action alleged in the Petition and Complaint. A Peremptory Writ of Mandate shall iss ue under seal of this Court, ordering the City to set aside its decision in connection with Verizon Wireless wireless service facilities proposed to be located at 5860 Whitsett Avenue, Los Angeles, California, Case No. ZA-2014-1239-CUW; ENV-2014-1240 -MND, and remanding the matter to the South Valley Area Planning Commission for a further administrative hearing in connection with Verizon Wireless project; (2) Within seven (7) court days after the Courts entry of this Stipulated Judgment and issua nce of the related Writ of Mandate, Verizon Wireless shall file with the Court a Request for Dismissal, without prejudice, of the First through Third Causes of Action in the Petition and Complaint; and (3) The Parties shall bear their own costs and fees. (jp)

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1 FILED CLERK, U.S. DISTRICT COURT 2 7/15/2016 3 CENTRAL DISTRICT OF CALIFORNIA cw BY: ___________________ DEPUTY 4 5 6 7 8 9 10 UNITED STATES DISTRICT COURT 11 CENTRAL DISTRICT OF CALIFORNIA 12 13 LOS ANGELES SMSA LIMITED PARTNERSHIP, a California limited 14 partnership dba VERIZON WIRELESS, 15 Plaintiff and Petitioner, 16 vs. 17 CITY OF LOS ANGELES, 18 Defendant and Respondent. 19 CASE NO. 2:16-CV-1654 BRO(AJWx) (Hon. Beverly Reid O’Connell) xxxxxxxxxxxx [PROPOSED] STIPULATED JUDGMENT Complaint Filed: March 11, 2016 Trial Date: None Set 20 21 22 23 24 25 26 27 28 Stipulated Judgment 1 WHEREAS On March 10, 2016, Plaintiff/Petitioner Los Angeles 2 SMSA Limited Partnership dba Verizon Wireless ("Verizon Wireless") filed 3 against Defendant/Respondent City of Los Angeles ("City") a Complaint for 4 Declaratory Judgment, Injunction, and Writ of Mandate; (the "Petition and 5 Complaint"); and 6 WHEREAS contemporaneous with the filing of this [Proposed] Judgment, 7 the Parties have executed and filed a Stipulation for Entry of Judgment and 8 Issuance of Writ of Mandate providing for the entry of this [Proposed] Judgment; 9 10 THE COURT DOES HEREBY ORDER, ADJUDGE AND DECREE, as 11 follows: 12 1. Judgment is entered on the Fourth Cause of Action alleged in the 13 Petition and Complaint. A Peremptory Writ of Mandate shall issue under seal of 14 this Court, ordering the City to set aside its decision in connection with Verizon 15 Wireless’ wireless service facilities proposed to be located at 5860 Whitsett 16 Avenue, Los Angeles, California, Case No. ZA-2014-1239-CUW; ENV-2014- 17 1240-MND, and remanding the matter to the South Valley Area Planning 18 Commission for a further administrative hearing in connection with Verizon 19 Wireless’ project; 20 2. Within seven (7) court days after the Court’s entry of this Stipulated 21 Judgment and issuance of the related Writ of Mandate, Verizon Wireless shall file 22 with the Court a Request for Dismissal, without prejudice, of the First through 23 Third Causes of Action in the Petition and Complaint; and 24 3. The Parties shall bear their own costs and fees. 25 26 27 28 Stipulated Judgment July 15, 2016

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