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)

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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

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