Committee on Jobs Candidate Advocacy Fund et al v. Herrera et al

Filing 74

ORDER GRANTING 73 STIPULATION RE: Status Report. Signed by Judge Jeffrey S. White on 7/7/11. (jjoS, COURT STAFF) (Filed on 7/7/2011)

Case3:07-cv-03199-JSW Document73

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THERESE M. STEWART, State Bar # 104930
Chief Deputy City Attorney
WAYNE SNODGRASS, State Bar #148137
JONATHAN GIVNER, State Bar #208000
TARA M. STEELEY, State Bar #231775
Deputy City Attorneys
City Hall, Room 234
1 Dr. Carlton B. Goodlett Place
San Francisco, California 94102-4682
Telephone:
[phone]
Facsimile:
[phone]
E-Mail:
[e-mail]

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Filed07/07/11 Page1 of 5

Attorneys for Defendants

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PILLSBURY WINTHROP SHAW PITTMAN LLP
FREDERICK K. LOWELL, State Bar #66641
BRUCE A. ERICSON, State Bar #76342
[e-mail]
ANITA D. STEARNS MAYO, State Bar #142749
MARC H. AXELBAUM, State Bar #209855
[e-mail]
50 Fremont Street
Post Office Box 7880
San Francisco, CA 94120-7880
Telephone: [phone]
Facsimile: [phone]

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Attorneys for Plaintiffs

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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COMMITTEE ON JOBS CANDIDATE
ADVOCACY FUND, et al.,

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Plaintiffs,

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vs.

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DENNIS J. HERRERA, in his official
capacity as City Attorney of the City and
County of San Francisco, et al.

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Defendants.

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JOINT STATUS REPORT; [PROPOSED] ORDER
CASE NO. C07-3199 JSW

Case No. C07-3199 JSW
JOINT STATUS REPORT;
[PROPOSED] ORDER

Case3:07-cv-03199-JSW Document73

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Filed07/07/11 Page2 of 5

JOINT STATUS REPORT
Pursuant to the Court’s order dated May 12, 2011 (Dkt. 72), Plaintiffs Committee on JOBS

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Candidate Advocacy Fund and Building Owners and Managers Association of San Francisco

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Independent Expenditure PAC (collectively, “Plaintiffs”), and Defendants Dennis J. Herrera, George

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Gascon, the Ethics Commission of the City and County of San Francisco, and the City and County of

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San Francisco (collectively, “Defendants”), jointly file this Status Report.

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In this case, Plaintiffs contend that Sections 1.114(c)(1) and 1.114(c)(2) of the San Francisco

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Campaign Finance Reform Ordinance, codified in the San Francisco Campaign and Governmental

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Conduct Code, and Regulation 1.114-2 of the Regulations to the CFRO, violate the First Amendment

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to the United States Constitution by imposing limits on contributions to political committees for the

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purpose of making independent expenditures. The Court granted Plaintiffs’ motion for preliminary

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injunction on September 20, 2007 (Dkt. 37), and that order has remained in effect since then pursuant

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to a series of stipulated orders. At the parties’ request, the Court stayed the litigation while the Ninth

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Circuit Court of Appeals considered a case presenting similar issues, and while the parties explored

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settlement.

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On May 11, 2011, the parties informed the Court that the parties have executed a written

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Settlement Agreement and Proposed Form of Permanent Injunction, but the agreement will not

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become binding unless and until it has been considered and approved by the City and County of San

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Francisco’s Board of Supervisors (the “Board”) and Mayor. Dkt. 71. In its Order on May 12, 2011,

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the Court instructed the parties to file a joint status report by July 11, 2011 if the Board and the

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Mayor had not yet approved the settlement. Dkt. 72.

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On June 28, 2011, the Board preliminarily approved the settlement agreement by a 11-0 vote.

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Under the City's Charter, the Board must take a second, final vote on the settlement agreement before

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forwarding it to the Mayor for his consideration. See S.F. Charter § 2.105. Counsel anticipates that

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the Board will take that second vote at its next meeting on July 12, 2011. If the Board approves the

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agreement at that meeting, the Mayor will have ten days to consider the settlement agreement, and the

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agreement will become effective unless the Mayor vetoes it during that ten-day period. See S.F.

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Charter § 3.103.
JOINT STATUS REPORT; [PROPOSED] ORDER
CASE NO. C07-3199 JSW

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If the Board and the Mayor finally approve the Settlement Agreement, the parties will submit

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the Proposed Form of Permanent Injunction for the Court’s consideration by no later than July 29,

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2011. If the Board or the Mayor does not approve the Settlement Agreement, the parties will submit

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a joint status report by no later than July 29, 2011, informing the Court of what they propose to do in

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light of that decision.

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Dated: July 7, 2011

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THERESE M. STEWART
Chief Deputy City Attorney
WAYNE SNODGRASS
JONATHAN GIVNER
TARA M. STEELEY
Deputy City Attorneys

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By:

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/s/ Jonathan Givner
JONATHAN GIVNER
Attorneys for Defendants

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Dated: July 7, 2011

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PILLSBURY WINTHROP SHAW PITTMAN LLP
FREDERICK K. LOWELL
BRUCE A. ERICSON
ANITA D. STEARNS MAYO
MARC H. AXELBAUM

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*By:
/s/ Marc H. Axelbaum
MARC H. AXELBAUM
Attorneys for Plaintiffs

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*Pursuant to GO 45, the electronic signatory has
obtained approval from this signatory.

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JOINT STATUS REPORT; [PROPOSED] ORDER
CASE NO. C07-3199 JSW

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[PROPOSED] ORDER

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Pursuant to the agreement of the parties set forth in the foregoing Joint Status Report, and

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good cause appearing, IT IS HEREBY ORDERED that by no later than July 29, 2011, the parties

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shall either submit a proposed form of permanent injunction for the Court’s consideration pursuant to

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a final, executed settlement agreement, or if the Board of Supervisors or Mayor does not approve the

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agreement, submit a joint status report stating what the parties propose to do in light of that decision.

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IT IS SO ORDERED.

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July 7, 2011
Dated: __________________
________ _________________________
Hon. Jeffrey S. White
United States District Judge

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JOINT STATUS REPORT; [PROPOSED] ORDER
CASE NO. C07-3199 JSW

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