Hightower et al v. City and County of San Francisco et al
Filing
14
STIPULATION AND ORDER VACATING HEARING ON 13 MOTION to Certify Class . Parties to reset for a later time. Signed by Judge Edward M. Chen on 11/27/12. (bpf, COURT STAFF) (Filed on 11/27/2012)
1
2
3
4
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
(415) 839-5098
Christina@diedoardolaw.com
Attorney for Plaintiffs
5
6
UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA
7
8
9
10
11
12
13
14
15
16
17
18
19
20
MITCH HIGHTOWER, OXANE “GYPSY” ) Case No.: C 12-5841-EMC
TAUB, GEORGE DAVIS, RUSSELL MILLS,)
and on behalf of all persons similarly situated, ) Stipulation and Order Continuing Hearing on
) Motion for Class Certification (Dkt. 10)
Plaintiff,
)
vs.
)
CITY AND COUNTY OF SAN
)
FRANCISCO, DAVID CHIU in his official )
capacity only as President of the Board of
)
Supervisors of the City and County of San
)
Francisco, SCOTT WEINER in his official
)
capacity only as a member of the Board of
)
)
Supervisors of the City and County of San
Francisco, and ANGELA CALVILLO, in her )
official capacity only as Clerk of the Board of )
)
Supervisors,
)
Defendants.
)
)
Defendant
)
Stipulation and Order Continuing Hearing on Motion for Class Certification (Dkt. 10)
COMES NOW Plaintiffs, by and through their attorney of record Ms. Christina A.
DiEdoardo, Esq., and Defendants, by and through their attorney of record Deputy City Attorney
21
Tara M. Steely, and hereby stipulate and agree as follows:
22
1. The Plaintiffs will ask the Court, if it ultimately orders the issuance of a preliminary
23
injunction barring the enforcement of part of or the entire ordinance, to order that said
24
25
-1-
injunction shall restrain the Defendants from enforcing the ordinance against all
1
2
3
persons, not just the four named Plaintiffs.
2. Defendants agree to obey any orders entered by the Court, without prejudice to the
4
City's right to appeal or otherwise challenge any orders that are adverse to
5
Defendants.
6
3. In light of Paragraphs 1 and 2 above, Plaintiffs agree to have the January 4, 2013
7
hearing on their Motion for Class Certification continued until at least thirty-five (35)
8
days after the Court rules on their Motion for a Preliminary Injunction. The parties
9
10
shall meet and confer after the Court has issued its ruling on the requested injunction
and reach a mutually agreeable date for the Motion for Class Certification to be
11
heard, which shall also determine the date for the Defendants to file an opposition to
12
said motion, if they desire. If the parties are unable to agree on a new date for the
13
14
15
16
17
Motion to be heard, Plaintiff shall re-notice the motion in the ordinary course.
/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. 20. 2012
Date: November 26, 2012
18
19
20
21
22
23
24
25
-2-
ORDER
1
2
3
Based on the stipulation of the parties and good cause appearing, the Court rules as
follows:
4
1. The January 4, 2013 noticed hearing on Plaintiffs’ Motion for Class Certification is
5
hereby continued until at least thirty-five days after the Court rules on Plaintiff’s
6
Motion for a Preliminary Injunction. After the Court has issued its ruling on the
7
Motion for a Preliminary Injunction on or after January 17, 2013, the Parties shall
8
meet and confer to come up with a date for the Motion for Class Certification to be
9
10
heard, which shall also govern the due date for the Defendants to file an Opposition to
the Motion, if they desire. If the Parties are unable to agree, Plaintiff shall re-notice
11
the Motion for Class Certification in the ordinary course.
12
13
IT IS SO ORDERED.
14
ER
22
23
24
25
-3-
R NIA
n
FO
M. Che
H
21
RT
20
dward
Judge E
NO
19
LI
18
IT IS
A
17
______________________________________
The Hon. Edward M. Chen
ED
United States ORDER
SO District Judge
UNIT
ED
16
S DISTRICT
TE
C
TA
RT
U
O
S
15
N
D IS T IC T
R
OF
C
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?