Net Connection Hayward, LLC v. City of Hayward

Filing 65

STIPULATION AND ORDER Continuing Trial and Related Dates. Jury Selection and Jury Trial set for 8/4/2014 09:30 AM in Courtroom 1, 17th Floor, San Francisco before Hon. Samuel Conti. Motion Hearing set for 6/6/2014 10:00 AM in Courtroom 1, 17th Floor, San Francisco before Hon. Samuel Conti. Pretrial Conference set for 8/1/2014 10:00 AM in Courtroom 1, 17th Floor, San Francisco before Hon. Samuel Conti. Signed by Judge Samuel Conti on 03/19/2014. (tmi, COURT STAFF) (Filed on 3/19/2014)

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HUNT, JEPPSON & GRIFFIN, LLP
TORY E. GRIFFIN (Bar No. 186181)
1478 Stone Point Dr., Suite 100
Roseville, CA 95661
[phone]
[phone] (fax)
[e-mail]
Attorneys for Plaintiff-Counterdefendant
Net Connection Hayward, LLC
MICHAEL S. LAWSON (SBN 048172)
City Attorney
MICHAEL G. VIGILIA (SBN 228353)
Assistant City Attorney
CITY OF HAYWARD
777 B Street, 4th Floor
Hayward, CA 94541-5007
Tel: [phone]
Fax: [phone]
[e-mail]
Attorneys for Defendant-Counterclaimant
City of Hayward

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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NET CONNECTION HAYWARD, LLC, a
California limited liability company

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Case No. C13-01212 SC
STIPULATION AND [PROPOSED] ORDER
CONTINUING TRIAL DATE

Plaintiff,
v.

Hon. Samuel Conti, Courtroom 1

CITY OF HAYWARD

Trial Date: June 2, 2014

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Defendants.

IT IS SO ORDERED AS MODIFIED

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CITY OF HAYWARD,

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Counterclaimant,
v.
NET CONNECTION HAYWARD, LLC, a
California limited liability company,
Counterdefendant.

Net Connection Hayward, LLC v. City of Hayward
USDC Case No. C13-01212 SC

Stipulation and [Proposed] Order Continuing Trial Date
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Plaintiff-counterdefendant Net Connection Hayward, LLC (“Plaintiff” or “Net

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Connection”) and Defendant-counterclaimant the City of Hayward (“Defendant” or the “City”)

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hereby submit this stipulation and proposed order to continue the currently scheduled trial date in

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this matter from June 2, 2014 to August 4, 2014. The continuance is requested based on the

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changed conditions that have arisen as a consequence of the Court’s ruling on the request for

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preliminary injunction in this matter (Doc. 54) and the related matter of I Biz, LLC v. City of

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Hayward, case no. 13-1537 (Doc. 44). Since those orders were issued the City has ceased to

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enforce the moratorium embodied in Ordinance 13-05 and adopted Ordinance 13-17 in its place.

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In light of the enactment of the new ordinance, Net Connection has filed a first amended

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complaint alleging new causes of action relating to Ordinance 13-17 (Doc. 61.) The City has

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filed an answer and counterclaim seeking to injunctive and declaratory relief relating to

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Ordinance 13-17(Doc. 62.) Additionally, counsel for Net Connection is unavailable during the

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week of June 9, 2014 and from June 29 – July 7, 2014. Counsel for the City is unavailable on

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May 2, 2014. Based on the foregoing, the Parties hereby stipulate as follows:

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1. The trial date of June 2, 2014 is continued to August 4, 2014.
2. Pre-trial Conference is continued to July11, 2014.
3. Last day to hear motions is continued to June 6, 2014.

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DATED: March 18, 2014

HUNT, JEPPSON & GRIFFIN, LLP.

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By:

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/s Tory E. Griffin (as authorized 3/18/14)
TORY E. GRIFFIN
Attorney for Plaintiff-counterdefendant
Net Connection Hayward, LLC

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DATED: March 18, 2014

MICHAEL S. LAWSON, CITY ATTORNEY

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By:

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Net Connection Hayward, LLC v. City of Hayward
USDC Case No. C13-01212 SC

s/ Michael G. Vigilia
MICHAEL G. VIGILIA
Attorney for Defendant-counterclaimant
City of Hayward
Stipulation and [Proposed] Order Continuing Trial Date

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[PROPOSED] ORDER
Good cause appearing before this Court and upon stipulation of the parties, it is hereby
ORDERED that:

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1. The trial date of June 2, 2014 is continued to August 4, 2014.

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2. Pre-trial Conference is continued to July11, 2014. Friday, August 1, 2014 at 10:00 a.m.

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3. Last day to hear motions is continued to June 6, 2014.

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DATED: March 19, 2014

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HON. SAMUEL CONTI FIE
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UNITED STATES DISTRICT JUDGE

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Net Connection Hayward, LLC v. City of Hayward
USDC Case No. C13-01212 SC

Stipulation and [Proposed] Order Continuing Trial Date
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