California Tow Truck Association v. City and County of San Francisco

Filing 7

ORDER to continue CMC re 6 Stipulation filed by City and County of San Francisco Initial Case Management Conference set for 2/11/2011 08:30 AM in Courtroom 8, 19th Floor, San Francisco.. Signed by Judge Charles R. Breyer on 10/01/2010. (be, COURT STAFF) (Filed on 10/4/2010)

California Tow Truck Association v. City and County of San Francisco

Doc. 7

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

DENNIS J. HERRERA, State Bar #139669 City Attorney WAYNE SNODGRASS, State Bar #148137 VINCE CHHABRIA, State Bar #208557 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] Attorneys for Defendant CITY AND COUNTY OF SAN FRANCISCO

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA CALIFORNIA TOW TRUCK ASSOCIATION, Plaintiff, vs. CITY AND COUNTY OF SAN FRANCISCO and DOES 1-50, Defendants. Case No. C10-03184 CRB STIPULATED APPLICATION TO CONTINUE INITIAL CASE MANAGEMENT CONFERENCE SET FOR 10/29/2010; [PROPOSED] ORDER Hearing Date: Time: Judge/Place: October 29, 2010 8:30 a.m. The Honorable Charles R. Breyer Courtroom 8, 19th Floor July 12, 2010 None Set

Date Action Filed: Trial Date:

In this case, the plaintiff contends that the defendant's ordinance, which requires tow companies and tow car operators to obtain permits before doing business in San Francisco, is preempted by federal and state law and violates the Commerce Clause of the United States Constitution. The plaintiff also contends that San Francisco has a practice of seizing tow trucks for operating without a permit, in violation of the Fourth Amendment to the United States Constitution.

STIP. AND [PROPOSED] ORDER TO CONTINUE CMC; CASE NO. C10-03184 CRB

1

n:\govlit\li2010\110037\00654884.doc

Dockets.Justia.com

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

After conferring, the parties are in agreement that this case presents questions that can be resolved by cross-motions for summary judgment, without the conduct of discovery. To avoid the unnecessary expenses associated with an initial case management conference, and to avoid burdening the Court's schedule, the parties hereby request that the initial case management conference be continued to February 18, 2011, with all deadlines associated with the initial case management conference similarly continued, so that the parties may file cross-motions for summary judgment, to be heard December 3, 2010, or at a subsequent date convenient to the Court. Assuming a hearing on cross-motions for summary judgment is scheduled on December 3, 2010, the parties propose the following briefing schedule: · · · · Plaintiff's motion for summary judgment to be filed on or before October 8, 2010 Defendant's cross-motion/opposition to be filed on or before October 22, 2010 Plaintiff's reply/opposition to be filed on or before November 5, 2010 Defendant's reply to be filed November 19, 2010

Dated: September 29, 2010

DENNIS J. HERRERA City Attorney DENNIS J. HERRERA City Attorney VINCE CHHABRIA Deputy City Attorney By: s/Vince Chhabria VINCE CHHABRIA Attorneys for Defendant CITY AND COUNTY OF SAN FRANCISCO

Dated: September 29, 2010

LAW OFFICES OF BROOKS ELLISON By: **s/Patrick Whalen PATRICK J. WHALEN Attorneys for Plaintiff CALIFORNIA TOW TRUCK ASSOCIATION **pursuant to GO 45, the electronic signatory has obtained approval from this signatory.

STIP. AND [PROPOSED] ORDER TO CONTINUE CMC; CASE NO. C10-03184 CRB

2

n:\govlit\li2010\110037\00654884.doc

1 2 3 4 5 6 7 8 9 10 11 12 13 Dated: __________________ October 1, 2010

ORDER The parties' request to continue the initial case management conference is GRANTED. The initial case management conference shall take place on February 18, 2011. The parties cross-motions for summary judgment shall be heard on December 3, 2010. Plaintiff's motion for summary judgment shall be filed on or before October 8, 2010. Defendant's cross-motion/opposition shall be filed on or before October 22, 2010. Plaintiff's reply/opposition shall be filed on or before November 5, 2010. Defendant's reply, if any, shall be filed on or before November 19, 2010.

THE HONORABLE CHARLES R.ED BREYER RDER JUDGE, UNITED STATES DISTRICT SO O
s R. Bre yer

UNIT ED

S

S DISTRICT TE C TA

RT U O

14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
STIP. AND [PROPOSED] ORDER TO CONTINUE CMC; CASE NO. C10-03184 CRB

ER

N

F D IS T IC T O R

3

n:\govlit\li2010\110037\00654884.doc

A

C

LI

FO

harle Judge C

R NIA

IT IS

NO

RT

H