OakPAC et al v. The City of Oakland et al

Filing 28

ORDER granting 27 Stipulation, filed by Michael Colbruno,, OakPAC,, Oakland Metropolitan Chamber of Commerce,, Oakland Metropolitan Chamber of Commerce Independent Expenditure Committee (Oak-IE-PAC),, Scott B. Peterson, Status Conference set for 12/12/2006 02:00 PM in Courtroom 11, 19th Floor, San Francisco.. Signed by Judge Martin J. Jenkins on 10/31/2006. (mat, COURT STAFF) (Filed on 10/31/2006)

OakPAC et al v. The City of Oakland et al

Doc. 28

Casse3:06-cv-06366-MJJ Ca e 3:06-cv-06366-MJJ

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JAMES R. SUTTON, State Bar No. 135930 ION B. MEYN, State Bar No. 212640 2 GABE CAMARILLO, State Bar No. 237683 THE SUTTON LAW FIRM 3 150 Post Street, Suite 405 San Francisco, California 4 Tel: [phone] Fax: [phone]
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Attorneys for OakPAC, Oakland Metropolitan Chamber of Commerce; Oakland Metropolitan Chamber of Commerce Independent Expenditure Committee ("Oak-IE7 PAC"); Michael Colbruno; and Scott Peterson.
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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA OAKPAC, OAKLAND ) METROPOLITAN CHAMBER OF ) COMMERCE, an unincorporated ) association, OAKLAND ) METROPOLITAN CHAMBER OF ) COMMERCE INDEPENDENT ) EXPENDITURE COMMITTEE ("OAK- ) IE-PAC"), an unincorporated association; ) MICHAEL COLBRUNO, an individual; ) and SCOTT B. PETERSON, an ) individual; ) ) Plaintiffs, ) ) v. ) ) THE CITY OF OAKLAND; THE CITY ) OF OAKLAND PUBLIC ETHICS ) COMMISSION; DOES 1 ) through 10. ) ) Defendants. ) __________________________________) Case No. C 06-6366 MJJ STIPULATION AND [PROPOSED] ORDER

STIPULATION Having conferred with the Court regarding the effect of the Court's October 19, 2006 Temporary Restraining Order, all parties in the above entitled case wish to expedite the resolution of this case and reach a decision on the merits regarding the constitutionality of Oakland Municipal Code ("OMC") sections 3.12.050(C-E) and 3.12.060(C-E) in a manner that avoids duplicative proceedings and the unnecessary use of 1
STIPULATION AND [PROPOSED] ORDER

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judicial resources. One constraint to this effort is the schedule of the Oakland City Council, which can not meet in closed session until December 5 to determine whether Defendants would informally agree to a preliminary injunction pending the final outcome of this case. To this end, Plaintiffs OakPAC, Oakland Metropolitan Chamber of Commerce, Oakland Metropolitan Chamber of Commerce Independent Expenditure Committee, Michael Colbruno, and Scott Peterson, on the one hand, and Defendants City of Oakland and the City of Oakland Public Ethics Commission, on the other hand, by and through their respective counsel, hereby stipulate, pursuant to Federal Rule of Civil Procedure 65(b), to extend the Court's October 19, 2006 Temporary Restraining Order's expiration date from November 2 to December 12. After conferring with the Court, the parties consent to a status conference on Tuesday, December 12, at a time convenient to the Court, in order to determine a briefing schedule for a dispositive hearing on the merits.

SO STIPULATED.

Dated: October 30, 2006

By:

________/s/______________________ GABE CAMARILLO The Sutton Law Firm, P.C. Attorneys for Plaintiffs

Dated: October 30, 2006

By:

________________________________ JOHN A. RUSSO, City Attorney MARK T. MORODOMI, Supervising Deputy City Attorney Attorneys for Defendants

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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 October 31 Dated: _____________, 2006

ORDER The parties having so stipulated, and for good cause showing, IT IS ORDERED that the expiration date of the October 19 Temporary Restraining Order shall be extended from November 2 to December 12. The Court hereby orders all parties to appear at a status conference for Tuesday, December 12, at _______ am/pm, in which parties will 2:00 agree to a briefing schedule on a dispositive hearing on the merits. *

________________________________ Federal District Judge

*Accordingly, The Preliminary Injuction hearing set for November 1, 2006, is VACATED.

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STIPULATION AND [PROPOSED] ORDER