Wild Equity Institute et al v. City and County of San Francisco et al

Filing 81

ORDER RE OBJECTIONS TO EVIDENCE (tf, COURT STAFF) (Filed on 11/8/2011)

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DENNIS J. HERRERA, State Bar #139669
City Attorney
DANNY CHOU, State Bar #180240
Chief of Complex and Special Litigation
OWEN J. CLEMENTS, State Bar #141805
JAMES M. EMERY, State Bar #153630
VIRGINIA DARIO ELIZONDO, State Bar #134771
Deputy City Attorneys
OFFICE OF THE CITY ATTORNEY
1390 Market Street, 7th Floor
San Francisco, California 94102-5408
Telephone: [phone]
Facsimile:
[phone]
E-Mail:
[e-mail]

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NOSSAMAN LLP
PAUL S. WEILAND, State Bar # 237058
[e-mail]
ROBERT C. HORTON, State Bar # 235187
[e-mail]
18101 Von Karman Avenue, Suite 1800
Irvine, CA 92612-0177
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendants
CITY AND COUNTY OF SAN FRANCISCO,
MAYOR LEE, and RECPARK GENERAL MANAGER
GINSBURG, in their official capacities

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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WILD EQUITY INSTITUTE, et al.

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Plaintiffs,

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vs.

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CITY AND COUNTY OF SAN
FRANCISCO, et al.

Case No. 3:11-cv-00958 SI
STIPULATION AND [PROPOSED] ORDER RE
OBJECTIONS TO EVIDENCE
Date: November 18, 2011
Time: 9:00 a.m.
Courtroom 10, 19th Floor
Judge: Hon. Susan Illston

Defendants.
SAN FRANCISCO PUBLIC GOLF
ALLIANCE,
Defendant-Intervenor.

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Stip and [Proposed] Order
Case No. 3:11-cv-00958 SI

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WHEREAS, plaintiffs' motion for preliminary injunction is set for hearing at 9:00 a.m. on
November 18, 2011;

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WHEREAS, pursuant to a stipulated scheduling order, plaintiffs filed their preliminary

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injunction motion on September 23, 2011, defendants and defendant-intervenors filed their respective

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oppositions to preliminary injunction on October 21, 2011, and Plaintiffs filed their reply papers

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supporting their preliminary injunction on November 4, 2011;

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WHEREAS, defendant City and County of San Francisco filed Objections to Evidence on

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November 2, 2011 and defendant-intervenor San Francisco Golf Association joined San Francisco's

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objections on November 2, 2011;

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WHEREAS, the stipulated briefing schedule did not provide for Objections to Evidence;

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WHEREAS, Local Civil Rule 7-3(a) now provides that "[a]ny evidentiary and procedural

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objections to the motion must be contained within the [opposition] brief or memorandum";

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WHEREAS, defendants' counsel were not aware that the Court had amended Local Civil Rule

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7-3(a) to include this requirement; and defendants believe, in light of the issues presented in plaintiffs'

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motion and the Court's crowded law-and-motion calendar on November 18 that it will assist the Court

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to have defendants' objections in writing; and

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WHEREAS, defendants seek leave, nunc pro tunc, to file their November 2 Objections to
Evidence;
WHEREAS, plaintiffs have agreed to this Stipulation in order to avoid burdening the Court

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with an additional dispute, but take no position at this time whether defendants’ filing of Objections to

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Evidence was necessary or appropriate;

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NOW THEREFORE,

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The parties have met and conferred and agree as follows:

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1.

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Plaintiffs shall file their response to defendants' Objections to Evidence on or before

November 11, 2011;
2.

Plaintiffs' response to defendants' Objections to Evidence shall not exceed 8 pages; and

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Stip and [Proposed] Order
Case No. 3:11-cv-00958 SI

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3.

No party shall file any additional papers in advance of the November 18 hearing on

plaintiffs' Preliminary Injunction motion, unless ordered by the Court.
Respectfully submitted,

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FOR PLAINTIFFS:

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Date: November 8, 2011

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/s/ Brent Plater
Brent Plater (CA Bar No. 209555)
WILD EQUITY INSTITUTE
[e-mail]

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/s/ Howard M. Crystal
Howard M. Crystal (D.C. Bar No. 446189)
Eric R. Glitzenstein (D.C. Bar No. 358287)
Pro Hac Vice
MEYER GLITZENSTEIN & CRYSTAL
[e-mail]
[e-mail]

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FOR DEFENDANTS:
Date: November 8, 2011

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By:
/s/ James M. Emery
JAMES M. EMERY

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NOSSAMAN LLP
PAUL S. WEILAND (CA 237058)
ROBERT C. HORTON (CA 235187)

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DENNIS J. HERRERA (CA 129669)
City Attorney
DANNY CHOU (CA 180240)
CHIEF OF COMPLEX AND SPECIAL LITIGATION
OWEN J. CLEMENTS (CA 141085)
JAMES M. EMERY (CA 153630)
VIRGINIA DARIO ELIZONDO (CA 134771
DEPUTY CITY ATTORNEYS

FOR DEFENDANT INTERVENOR:
Date: November 8, 2011

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/s/ Christopher J. Carr
EDGAR B. WASHBURN (CA 34038)
CHRISTOPHER J. CARR (CA 184076
JENNIFER R. JEFFERS (CA 273461)
MORRISON & FOERSTER LLP
[e-mail]

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IT IS SO ORDERED.
11/8/11
Dated: ______________

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Stip and [Proposed] Order
Case No. 3:11-cv-00958 SI

Hon. Susan Illston
UNITED STATES DISTRICT COURT JUDGE
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