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

Filing 135

STIPULATION AND ORDER re 133 STIPULATION WITH PROPOSED ORDER CORRECTION OF DOCKET # 131 STIPULATED REQUEST TO ENTER FINAL ORDER filed by George Davis, Oxane "Gypsy" Taub. Signed by Judge Edward M. Chen on 6/223/15. (bpf, COURT STAFF) (Filed on 6/22/2015)

Case3:12-cv-05841-EMC Document133 Filed06/16/15 Page1 of 3

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WALTERS LAW GROUP
195 WEST PINE AVENUE, LONGWOOD, FL 32750
407-975-9150

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LAWRENCE G. WALTERS, FL SBN 776599 (pro hac vice)
WALTERS LAW GROUP
195 West Pine Ave.
Longwood, FL 32750
Telephone: [phone]
[e-mail]
Attorneys for Plaintiffs
OXANE “GYPSY” TAUB and GEORGE DAVIS

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THE LAW OFFICE OF D. GILL SPERLEIN
345GROVE STREET, SAN FRANCISCO, CA 94102
415-404-6615

D. GILL SPERLEIN, SBN 172887
THE LAW OFFICE OF D. GILL SPERLEIN
345 Grove Street
San Francisco, CA 94102
Telephone: [phone]
Facsimile: [phone]
[e-mail]

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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
SAN FRANCISCO DIVISION
)
OXANE “GYPSY” TAUB and GEORGE ) Case № 3:12-cv-05841-EMC (NJV)
)
DAVIS,
) STIPULATED REQUEST TO ENTER
Plaintiffs,
) FINAL ORDER
v.
)
)
CITY and COUNTY of SAN
)
FRANCISCO and the SAN
FRANCISCO POLICE DEPARTMENT )
)
Defendants
)

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WHEREAS, the Court previously Granted Defendants’ Motion to Dismiss Plaintiffs’ original

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Complaint and denied Plaintiffs’ Motion for Preliminary Injunction based on that Complaint,

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[January 29, 2013, Dkt. No. 26], and Granted Defendants’ Motion to dismiss Plaintiffs’ claims

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against the City and County of San Francisco and the San Francisco Police Department for
Restriction of Core Political Speech, Prior Restraint, Compelled Speech, Vagueness, and Claim for

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-1STIPULATED REQUEST TO ENTER FINAL ORDER
3:12-cv-05841-EMC (NJV)

Case3:12-cv-05841-EMC Document133 Filed06/16/15 Page2 of 3

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Injunctive Relief/Declaratory Judgment pled in Plaintiffs’ Second Amended Complaint on December
24, 2014. (Dkt. No. 104);
WHEREAS, the Plaintiffs previously withdrew their claim against the City and County of

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San Francisco and the San Francisco Police Department based on the right to petition;

WALTERS LAW GROUP
195 WEST PINE AVENUE, LONGWOOD, FL 32750
407-975-9150

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WHEREAS, Plaintiffs only remaining claim against the City and County of San Francisco
and the San Francisco Police Department is a claim for unconstitutional viewpoint discrimination;

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WHEREAS, the Parties have reached a Settlement Agreement settling Plaintiffs’ claim

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against the City and County of San Francisco and the San Francisco Police Department for
unconstitutional viewpoint discrimination;

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WHEREAS, under the Settlement Agreement, the Parties stipulated to the entry of a Final

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Order disposing of this case, and reserving the rights of Plaintiffs to appeal to the Ninth Circuit Court

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of Appeals the causes of action the Court dismissed on December 24, 2014, including the Court’s

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THE LAW OFFICE OF D. GILL SPERLEIN
345GROVE STREET, SAN FRANCISCO, CA 94102
415-404-6615

conclusion that Plaintiffs cannot obtain injunctive relief;
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THEREFORE, the Parties do thereby STIPULATE and AGREE that the Court enter a

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final, appealable order in the form attached hereto as Exhibit 1.

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IT IS SO STIPULATED AND AGREED.

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Dated:
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6/15/2015

By: /s/ D. Gill Sperlein
D. GILL SPERLEIN
THE LAW OFFICE OF D. GILL SPERLEIN
LAWRENCE G. WALTERS, pro hac vice
WALTERS LAW GROUP

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Attorney for Plaintiffs
Oxane “Gypsy” Taub and George Davis

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-2STIPULATED REQUEST TO ENTER FINAL ORDER
3:12-cv-05841-EMC (NJV)

Case3:12-cv-05841-EMC Document133 Filed06/16/15 Page3 of 3

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WALTERS LAW GROUP
195 WEST PINE AVENUE, LONGWOOD, FL 32750
407-975-9150

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Dated: 6/15/2015

DENNIS J. HERRERA
City Attorney
By: /s/ Tara M. Steeley
TARA M. STEELEY
Attorneys for Defendants
CITY AND COUNTY OF SAN FRANCISCO,
SAN FRANCISCO POLICE DEPARTMENT

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THE LAW OFFICE OF D. GILL SPERLEIN
345GROVE STREET, SAN FRANCISCO, CA 94102
415-404-6615

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-3STIPULATED REQUEST TO ENTER FINAL ORDER
3:12-cv-05841-EMC (NJV)

Case3:12-cv-05841-EMC Document133-1 Filed06/16/15 Page1 of 1

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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
SAN FRANCISCO DIVISION

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OXANE “GYPSY” TAUB and GEORGE
DAVIS,
Plaintiffs,
v.

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CITY and COUNTY of SAN
FRANCISCO and the SAN
FRANCISCO POLICE DEPARTMENT
Defendants

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Case № 3:12-cv-05841-EMC (NJV)
STIPULATED [PROPOSED] FINAL
ORDER

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The Court has reviewed the Stipulated Request to Enter Final Order disposing of this case. It

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appearing to the satisfaction of the Court that the Parties have settled and dismissed the sole

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remaining claim for unconstitutional viewpoint discrimination, and have further stipulated that

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Plaintiffs be permitted to appeal the prior adverse rulings by this Court, it is hereby

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ORDERED and ADJUDGED that final judgment be rendered in favor of Defendants and
against Plaintiffs. The clerk is directed to close the case file.

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IT IS SO ORDERED

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_________________________________
ED
ORDER
SODWARD M. CHEN
U.S. DISTRICTIJUDGE E
T IS

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Copies to: Counsel of Record

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Judge E

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6/22/15
Dated: ________________

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-1STIPULATED [PROPOSED] FINAL ORDER
3:12-cv-05841-EMC (NJV)