North Pacifica LLC v. City of Pacifica et al

Filing 145

ORDER continuing cmc to 12/22/08. Signed by Judge Illston on 12/4/08. (ts, COURT STAFF) (Filed on 12/5/2008)

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Case 3:03-cv-04108-SI 1 2 3 4 Document 144 Filed 12/03/2008 Page 1 of 2 JAQUELYNN POPE SBN 78600 WARSHAW & POPE 934 Hermosa Ave., Suite 14 Hermosa Beach, CA 90254 Tel. (310) 379-3410 Fax (310) 376-6817 Attorneys for Plaintiff, North Pacifica LLC 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA NORTH PACIFICA LLC, ) ) ) Plaintiff, ) ) vs. ) CITY OF PACIFICA, PACIFICA ) ) PLANNING COMMISSION, PACIFICA CITY COUNCIL, JAMES VREELAND, as an ) ) individual, PETER DEJARNATT, as an ) individual, and DOES 1-10, inclusive, ) ) Defendants. _____________________________________ ) Case No.: C 03 4108 STIPULATION TO CONTINUE FURTHER CASE MANAGEMENT CONFERENCE Date: December 12, 2008 Time: 2:30 p.m. Courtroom: 10 Honorable Susan Illston, Judge SI BACKGROUND FACTS 1. The within case was stayed by the Court pending a final decision in another federal case, North Pacifica v. City of Pacifica, C 01-4823 EMC, which was appealed to the Ninth Circuit Court of Appeals; 2. was filed. 3. 4. 5. 6. On June 3, 2008, North Pacifica filed a Petition for Rehearing. On June 27, 2008, the Court denied the Petition. On August 12, 2008, the District Court filed the judgment in that case. On October 31, 2008, this Court ordered that a Further Case Management On May 13, 2008 the Ninth Circuit Court of Appeals opinion in that case Conference be scheduled for November 19, 2008. 1 STIPULATION TO CONTINUE CASE MANAGEMENT CONFERENCE Case 3:03-cv-04108-SI 1 2 3 4 Document 144 Filed 12/03/2008 Page 2 of 2 7. The parties herein began settlement discussions regarding this matter as well as all outstanding disputes between the parties, and as a result, on November 4, 2008, the parties entered into a stipulation to continue the Further Status Conference herein until December 12, 2008 at 2:30 p.m. 8. On or about November 5, 2008, this Court entered an Order continuing the 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 Status Conference under the terms of the Stipulation. 9. Settlement discussions have continued between the parties, but additional time is required due to the fact that North Pacifica's attorney has been engaged in a State Jury Trial in Los Angeles County. The trial date of December 1, 2008 was continued from November 17, 2008 due to a partial settlement. It is anticipated that jury selection will be complete by December 4 or 5, 2008 and that North Pacifica's attorney will still be in trial on December 12, 2008 the date currently set for the Further Case Management Conference herein. Therefore the parties have stipulated as follows: STIPULATION The parties hereto, by and through their respective attorneys hereby stipulate that the Further Case Management Conference set for December 12, 2008 shall be continued until December 22, 2008 at 3:00 p.m. In the event that the matter is settled in the meantime, the parties will immediately inform the Court. Dated: December 3, 2008 _________/s/_________________ JAQUELYNN POPE Attorney for North Pacifica MCDONOUGH, HOLLAND & ALLEN 20 Dated: December 3, 2008 21 22 23 24 25 By: ___________/s______________ Attorneys for Defendants, City of Pacifica, et al. IT IS SO ORDERED: Dated: _____________________________ Hon. Susan Illston, Judge 2 STIPULATION TO CONTINUE CASE MANAGEMENT CONFERENCE

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