North Pacifica LLC v. City of Pacifica et al

Filing 143

ORDER continuing cmc to 12/12/08 re 142 . Signed by Judge Illston on 11/4/08. (ts, COURT STAFF) (Filed on 11/5/2008)

Case 3:03-cv-04108-SI

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McDONOUGH HOLLAND & ALLEN PC Exempt from Filing Fees per Gov. Code § 6103 Attorneys at Law MICHELLE MARCHETTA KENYON (SBN 127969) BENJAMIN D. WINIG (SBN 233090) 1901 Harrison Street, Suite 900 Oakland, CA 94612 Phone: [phone] Fax: [phone] CITY OF PACIFICA Cit y Attorney CECILIA QUICK (#120988) 170 Santa Maria Avenue Pacifica, California 94044 Phone: [phone] Fax: [phone] Attorneys for Defendants Cit y of Pacifica IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION NORTH PACIFICA LLC, Plaint iff, v. CITY OF PACIFICA, et al., Defendants. ) ) ) ) ) ) ) ) ) ) ) Case No. C 03 4108 SI STIPULATION TO CONTINUE FURTHER CASE MANAGEMENT CONFERENCE Date: November 10, 2008 Time: 4:00 p.m.

Honorable Susan Illston

BACKGROUND FACTS 1. The within case has been stayed by the Court pending a final decision in another

federal case, North Pacifica v. City of Pacifica, C01-4823 EMC, which was appealed to the Ninth Circuit Court of Appeals; 2. On May 13, 2008 the Ninth Circuit published it's opinion affirming the district court's

dismissal of NP's substantive due process claim and reversing the order holding the City liable for an

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equal protection violation. The damages, attorneys' fees and costs awards were vacated. The matter was remanded for entry of judgment in favor of the City. 3. 4. On June 3, 2008, NP filed a Petition for Rehearing. On June 27, 2008, the Court denied NP's petition for panel rehearing and for

rehearing en banc. NP had until September 25, 2008 to file a petition for writ of certiorari in the United States Supreme Court. 5. 6. On August 12, 2008, the United States District court filed a Judgment in a Civil Case. On August 21, 2008 a Bill of Costs was filed by the City with the United States

District Court requesting costs in the amount of $52,623.16. 7. On September 29, 2008, NP signed a Stipulation Regarding Return of Cash Deposit

and wrote a letter stating that it would not file a petition for writ of certiorari in the U.S. Supreme Court. On October 20, 2008, the Clerk of the USDCND declared that costs are taxed in the amount of $52,623.16 and included in the judgment. 8. On October 31, 2008, the Court ordered that a Further Case Management Conference be scheduled for November 10, 2008. The court also ordered that a Joint Case Management Conference Statement be filed by November 5, 2008. 9. The parties are currently involved in settlement discussions regarding this matter as

18 well as all outstanding actions filed by North Pacifica against the City of Pacifica. Therefore, the 19 parties have stipulated as follows: 20 21 22 Case Management Conference originally set for November 10, 2008 shall be continued until 23 December 12, 2008 at 2:30 p.m. 24 25 26 27 28 By: ______________/s/________________________ Michelle Marchetta Kenyon, Attorneys for Defendants, City of Pacifica, et al. 2 Stipulation to Continue Further Case Management Conference C03-4108
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STIPULATION The parties hereto, by and through their respective attorneys hereby, st ipulate that the further

Dated: November 4, 2008.

McDONOUGH HOLLAND & ALLEN PC

Case 3:03-cv-04108-SI

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Dated:__________________________ IT IS ORDERED: Dated: November 4, 2008.

WARSHAW & POPE

______________/s/____________________________ JAQUELYNN POPE, Attorney for Plaint iff, North Pacifica

____________________________________________ Hon. Susan Illston, Judge

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