Hightower et al v. City and County of San Francisco et al

Filing 12

STIPULATION AND ORDER re 5 Ex Parte Application for Temporary Restraining Order And Order to Show Cause why Preliminary Injunction Should Not Issue. Responses due by 12/20/2012. Replies due by 1/3/2013. Motion Hearing set for 1/17/2013 01:30 PM in Courtroom 5, 17th Floor, San Francisco before Hon. Edward M. Chen.. Signed by Judge Edward M. Chen on 11/20/12. (bpf, COURT STAFF) (Filed on 11/20/2012)

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CHRISTINA A. DiEDOARDO
Nevada Bar No. 9543
California Bar No. 258714
LAW OFFICES OF CHRISTINA DiEDOARDO
201 Spear Street Suite 1100
San Francisco, CA 94105
[phone]
[e-mail]
Attorney for Plaintiffs

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UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

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MITCH HIGHTOWER, OXANE “GYPSY” )
TAUB, GEORGE DAVIS, RUSSELL MILLS,)
and on behalf of all persons similarly situated, )
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Plaintiff,
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vs.
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CITY AND COUNTY OF SAN
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FRANCISCO, DAVID CHIU in his official )
capacity only as President of the Board of
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Supervisors of the City and County of San
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Francisco, SCOTT WEINER in his official
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capacity only as a member of the Board of
)
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Supervisors of the City and County of San
Francisco, and ANGELA CALVILLO, in her )
official capacity only as Clerk of the Board of )
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Supervisors,
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Defendants.
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Defendant
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Case No.: C 12-5841-EMC
Stipulation and Order Setting Briefing
Schedule On Application for Preliminary
Injunction

Stipulation and Order Setting Briefing Schedule On Application for Preliminary
Injunction

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COMES NOW Plaintiffs, by and through their attorney of record Ms. Christina A.

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DiEdoardo, Esq., and Defendants, by and through their attorney of record Deputy City Attorney

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Tara M. Steely, and hereby stipulate and agree as follows:

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1. Based on the assurance by counsel for Defendants that the proposed Ordinance which
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is the subject of this litigation could not become operative until January 3, 2013, at

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the earliest, and on the further assurance that Supervisor Wiener plans to amend the
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proposed Ordinance to provide that its operative date will be February 1, 2013,

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Plaintiffs voluntarily withdraw their request for a TRO. The parties agree that the

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“Ex Parte Application for Temporary Restraining Order and Order to Show Cause

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Why Preliminary Injunction Should Not Issue” will be construed as an Application

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for a Preliminary Injunction.

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2. The Parties also agree that Defendants’ response to the complaint shall be due on

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December 13, 2012 and their opposition brief to the Application for a Preliminary

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Injunction shall be due on December 20, 2012 . Plaintiffs’ reply brief shall be due on

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January 3, 2012.

The Court shall conduct a hearing on said Application on January

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17, 2013 at 1:30 p.m.
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3. All other orders not in conflict with this stipulation shall remain in full force and
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effect.

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/s/Christina A. DiEdoardo
Christina A. DiEdoardo
California Bar No. 258714
Attorney for Plaintiffs

/S/Tara M. Steeley
Tara M. Steeley
California Bar No. 231775
Attorney for Defendants

Date: Nov. 15. 2012

Date: November 19, 2012

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ORDER

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Based on the stipulation of the parties and good cause appearing, the Court will conduct a

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hearing on Plaintiff’s Application for a Preliminary Injunction on January 17, 2013 at 1:30 p.m.

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Defendants shall have until December 20, 2012 to submit their opposition, and Plaintiffs shall

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have until January 3, 2013 to submit their reply. Defendants’ response to the complaint shall be

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due on December 13, 2012. All prior orders not in conflict with this Order shall remain in full

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force and effect.
IT IS SO ORDERED. DISTRICT
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______________________________________
DERED
SO OR
IT I M.
The Hon. EdwardS Chen
United States District Judge
. Chen
dward M
Judge E

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