CTIA - The Wireless Association v. The City and County of San Francisco, California

Filing 50

STIPULATION AND ORDER REGARDING FURTHER STAY AND BRIEFING. Case Management Statement due by 9/29/2011. Case Management Conference set for 10/6/2011 11:00 AM in Courtroom 9, 19th Floor, San Francisco. Signed by Judge William Alsup on 6/16/2011. (whasec, COURT STAFF) (Filed on 6/16/2011)

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Robert A. Mittelstaedt (#60359) Craig E. Stewart (#129530) JONES DAY 555 California Street 26th Floor San Francisco, CA 94104 Telephone: (415) 626-3939 Fax: (415) 875-5700 ramittelstaedt@jonesday.com Andrew G. McBride (pro hac vice) Joshua S. Turner (pro hac vice) WILEY REIN LLP 1776 K Street, N.W. Washington, DC 20006 Telephone: (202)719-7000 Fax: (202) 719-7049 amcbride@wileyrein.com Jane F. Thorpe (pro hac vice) Scott A. Elder (pro hac vice) ALSTON & BIRD LLP 1201 West Peachtree St., NW Atlanta, Georgia 30309-3424 Telephone: (404) 881-7592 Fax: (404) 253-8875 jane.thorpe@alston.com Seamus C. Duffy (pro hac vice) Susan M. Roach (pro hac vice) DRINKER BIDDLE & REATH LLP One Logan Square, Suite 2000 Philadelphia, PA 19103-6996 Telephone: (215) 988-2700 Fax: (215) 988-2757 seamus.duffy@dbr.com Terrence J. Dee (pro hac vice) KIRKLAND & ELLIS LLP 300 North LaSalle Chicago, IL 60654 Telephone: (312) 862-2099 Fax: (312) 862-2200 tdee@kirkland.com Attorneys for Plaintiff CTIA – The Wireless Association® 18 UNITED STATES DISTRICT COURT 19 NORTHERN DISTRICT OF CALIFORNIA 20 SAN FRANCISCO DIVISION 21 CTIA - THE WIRELESS ASSOCIATION®, 22 Plaintiff, 23 24 25 26 v. THE CITY AND COUNTY OF SAN FRANCISCO, CALIFORNIA, Case No. 3:10-cv-03224 WHA STIPULATION AND [PROPOSED] ORDER REGARDING FURTHER STAY AND BRIEFING Defendant. 27 28 Stip. Re Stay and Briefing No. C 10-03224 WHA 1 2 3 4 RECITALS 1. The Parties have worked in good faith to develop expedited case management schedules for the adjudication of this case. 2. To that end, the Court adopted on December 21, 2010, a stipulated schedule that 5 established timelines for expert disclosures, depositions, and briefing. Doc. 25. In December and 6 January, the parties expended significant resources conducting expert discovery. CTIA’s expert 7 reports were produced and the City deposed those experts. 8 9 3. In late January, the City informed CTIA that it intended to make substantive revisions to the disclosures required by the Ordinance and the accompanying Regulations that 10 could impact the issues presented in this litigation. The City further advised CTIA that it believed 11 these revisions would be in place by no later than March 15, although neither the timing of the 12 revisions nor the exact nature of the revisions were certain. Given these potential changes, the 13 parties determined that it would not serve the interests of the parties or the Court to proceed with 14 the briefing schedule then in place. 15 4. On February 3, 2011, the parties informed the Court of these developments and 16 (1) stipulated that the then-existing briefing schedule be vacated and (2) agreed to a temporary 17 stay of enforcement of the Ordinance and the accompanying Regulations until June 15, 2011. 18 The Court approved the parties’ stipulation and agreement on February 3. Doc. 44. That 19 stipulation provided that the parties would discuss in good faith any need to further delay 20 enforcement should the revised requirements become effective after March 15, 2011. Id. 21 5. Thereafter, on April 26, 2011, the City notified CTIA by letter that the City was 22 extending the stay of enforcement of the Ordinance and Regulations until further notice. The 23 City stated that the stay was intended to allow the Board of Supervisors to consider potential 24 changes to the Ordinance, and to afford the retailers an opportunity to adjust to any new 25 requirements before having to comply. 26 6. On May 17, 2011, a proposed amended Ordinance was introduced before the 27 Board of Supervisors and referred to the Board’s Public Safety Committee. The proposed 28 amendment would modify the Ordinance’s disclosure requirements, direct the Department of the -1- Stip. Re Stay and Briefing No. C 10-03224 WHA 1 Environment to adopt new implementing regulations, and require that retailers comply within 15 2 days of adoption with certain of the regulations and within 30 days for the remaining regulations. 3 7. Given the stay of enforcement and the proposed amendment, the parties agree that 4 motion practice in this case should be deferred pending enactment of any amendments and/or 5 adoption of the new regulations. The parties will meet and confer regarding a briefing schedule 6 to be proposed to the Court once any amendments are enacted or new regulations adopted. 7 8. Because of the shortness of the compliance deadlines in the proposed amended 8 Ordinance, CTIA anticipates that it may request preliminary injunctive relief from the Court 9 should the deadlines be enacted as proposed. 10 9. The parties propose that the case management conference currently set for June 16, 11 2011 be continued to a date convenient to the Court, at which time the parties can inform the 12 Court of the City’s progress toward enacting any amendments or new regulations. Given the 13 anticipated timetable for the City’s consideration of the proposed amendments, the parties 14 respectfully suggest September or October of this year as an appropriate time for such a 15 conference. 16 STIPULATION 17 The parties accordingly stipulate as follows: 18 1. 19 20 21 22 The City agrees and stipulates to extend the stay of any enforcement of the existing Ordinance and Regulations until further notice. 2. Motion practice in this case shall be deferred pending enactment of amendments to the Ordinance and/or adoption of new implementing regulations. 3. The parties will meet and confer regarding a briefing schedule to be proposed to 23 the Court once amendments are enacted or new regulations adopted. 24 4. The case management conference currently scheduled for June 16, 2011 be is set for October 6, 2011, at continued to ________________. 11:00 AM. 25 26 27 28 -2- Stip. Re Stay and Briefing No. C 10-03224 WHA Dated: June 7, 2011 JONES DAY 2 By: /s/ Craig E. Stewart Craig E. Stewart 3 4 Attorneys for Plaintiff CTIA – The Wireless Association® 5 Dated: June 7, 2011 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: (415) 554-4674 Facsimile: (415) 554-4699 E-Mail: vince.chhabria@sfgov.org 7 8 9 10 11 12 By: 13 Vince Chhabria 14 Attorneys for Defendant The City And County Of San Francisco, California 15 16 17 18 RT U O S DISTRICT TE C TA ___________________________________ June 16, 2011. Dated: _______________________ S 19 IT IS SO ORDERED. WILLIAM H. ALSUP UNITED STATES D DISTRICT JUDGE UNIT ED 20 21 22 TE GRAN Judge W 25 SFI-699619v1 A H ER LI RT 24 lsup illiam A NO 23 R NIA 6 FO 1 N 26 D IS T IC T R OF C 27 28 -3- Stip. Re Stay and Briefing No. C 10-03224 WHA

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