Jones v. City of Orange Cove

Filing 85

STIPULATION and ORDER Setting Briefing Schedule signed by Magistrate Judge Dennis L. Beck on 1/9/2012. (Figueroa, O)

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Hilda Cantu Montoy, City Attorney (SBN 77485)
2125 Kern Street, Suite 308
Fresno, CA 93721
Tel: [phone]
Fax: [phone]
Email: [e-mail]
Michael P. Slater, Assistant City Attorney (SBN 150583)
7522 N. Colonial Avenue, Suite 100
Fresno, CA 93711
Tel: [phone]
Fax: (559)
Email: [e-mail]
Attorneys for Respondent,
CITY COUNCIL OF ORANGE COVE, CITY OF ORANGE COVE
H. Ty Kharazi, Esq.; SBN 187894
Yarra, Kharazi & Associates
1250 Fulton Mall
Fresno, CA 93721
Tel: [phone]
Fax: [phone]

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Attorneys for Petitioner, SUE JONES
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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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Case No. 1:08−CV−00775-DLB

SUE JONES,
Plaintiff,
v.,

STIPULATION AND ORDER SETTING
BRIEFING SCHEDULE

CITY OF ORANGE COVE and Does 1
through 25, inclusive,

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Defendants.

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Whereas, on May 2, 2008, Petitioner Sue Jones (“Petitioner”) filed in the Fresno County

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Superior Court a Petition for Writ of Prohibition, challenging Respondent’s, the City Council of

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Orange Cove (“Respondent”), May 9, 2007 decision regarding Petitioner’s the condition of

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Petitioner’s real property located at 449 G Street, Unit No. 11, Orange Cove, California.
Whereas, the Petition was filed in conjunction with a Complaint for Temporary
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Restraining Order, Preliminary Injunction, Permanent Injunction; Damages and Declaratory

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Relief.

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Whereas, on or about June 4, 2008, both the Petition and Complaint were removed to this
Court based upon federal question jurisdiction.
Whereas, on or about June 8, 2010, this Court heard and decided upon two Motions for
Summary Judgment in favor of Respondent.
Whereas, on or about July 7, 2010, Petitioner filed a Notice of Appeal with the Ninth
Circuit Court of Appeal, challenging this Court’s ruling on the Motions for Summary Judgment.
Whereas, on or about October 20, 2011, the Ninth Circuit Court of Appeal issued a

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decision directing the District Court to treat Petitioner’s Petition for Writ of Prohibition as a

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Petition for Writ of Administrative Mandamus pursuant to California Code of Civil Procedure

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1094.5.

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Whereas, the parties agree that the Petition for Writ of Administrative Mandamus should
be tried prior to proceeding to trial on the Complaint.
Therefore, the parties to this matter, through their respective counsel, hereby stipulate to
the following schedule:
1.

Respondent, City of Orange Cove shall have sixty (60) days from the effective

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date of this Order to provide Petitioner with an electronic copy of the Administrative Record for

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review and comment.

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2.

Petitioner shall have Thirty (30) days from Respondent’s delivery of the

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Administrative Record to advise Respondent whether Petitioner has any objection to the form or

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contents of the Administrative Record.

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3.

Respondent shall certify and lodge the Administrative Record with this Court

within one hundred ten (110) days of the effective date of this Order.
4.

Petitioner shall file and serve on Respondent, its Opening Brief within sixty (60)

days of the date the Administrative Record is lodged with this Court.
5.

Respondent shall file and serve its Opposition Brief within (20) days of the date

Petitioner files and serves its Opening Brief.
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6.

Respondent files and serves its Opposition Brief.

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Petitioner shall file and serve any Reply Brief within ten (10) days of the date

7.

Upon receipt of Petitioner’s Reply Brief, the Court shall schedule a half day

bench trial on the Petition.

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Dated:

Dec. 12, 2011

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Law Office of Michael P. Slater
By

/s/
Michael P. Slater
Attorney for Respondent,
City of Orange Cove

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Dated:

Dec. 12, 2011

Yarra, Kharazi & Associates

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By

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/s/
Attorneys for Plaintiff,
City of Sue Jones

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IT IS SO ORDERED.

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Dated:

/s/ Dennis

January 9, 2012

L. Beck

UNITED STATES MAGISTRATE JUDGE
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DEAC_Signature-END:

3b142a

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