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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FILED
CLERK, U.S. DISTRICT COURT

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7/15/2016

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CENTRAL DISTRICT OF CALIFORNIA

cw

BY: ___________________ DEPUTY

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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13 LOS ANGELES SMSA LIMITED
PARTNERSHIP, a California limited
14 partnership dba VERIZON
WIRELESS,
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Plaintiff and Petitioner,
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vs.
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CITY OF LOS ANGELES,
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Defendant and Respondent.
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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

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Stipulated Judgment

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WHEREAS On March 10, 2016, Plaintiff/Petitioner Los Angeles

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SMSA Limited Partnership dba Verizon Wireless ("Verizon Wireless") filed

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against Defendant/Respondent City of Los Angeles ("City") a Complaint for

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Declaratory Judgment, Injunction, and Writ of Mandate; (the "Petition and

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Complaint"); and

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WHEREAS contemporaneous with the filing of this [Proposed] Judgment,

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the Parties have executed and filed a Stipulation for Entry of Judgment and

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Issuance of Writ of Mandate providing for the entry of this [Proposed] Judgment;

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THE COURT DOES HEREBY ORDER, ADJUDGE AND DECREE, as

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follows:

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1.

Judgment is entered on the Fourth Cause of Action alleged in the

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Petition and Complaint. A Peremptory Writ of Mandate shall issue under seal of

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this Court, ordering the City to set aside its decision in connection with Verizon

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Wireless’ wireless service facilities proposed to be located at 5860 Whitsett

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Avenue, Los Angeles, California, Case No. ZA-2014-1239-CUW; ENV-2014-

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1240-MND, and remanding the matter to the South Valley Area Planning

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Commission for a further administrative hearing in connection with Verizon

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Wireless’ project;

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2.

Within seven (7) court days after the Court’s entry of this Stipulated

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Judgment and issuance of the related Writ of Mandate, Verizon Wireless shall file

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with the Court a Request for Dismissal, without prejudice, of the First through

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Third Causes of Action in the Petition and Complaint; and

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3.

The Parties shall bear their own costs and fees.

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Stipulated Judgment

July 15, 2016