Longs Drug Stores California, L.L.C. et al v. City of Sebastopol et al

Filing 16

STIPULATION AND ORDER re 15 STIPULATION WITH PROPOSED ORDER Seeking Extension of Time for Hearing of Plaintiffs' Motion to Dismiss and Motion for Abstension filed by Longs Drug Stores California, L.L.C., Armstrong Development Properties, Set/Reset Deadlines as to 15 STIPULATION WITH PROPOSED ORDER Seeking Extension of Time for Hearing of Plaintiffs' Motion to Dismiss and Motion for Abstension. Responses due by 5/29/2013. Replies due by 6/5/2013. Motion Hearing set for 6/27/2013 01:30 PM in Courtroom 5, 17th Floor, San Francisco before Hon. Edward M. Chen. CMC reset for 6/27/13 at 1:30 p.m.. Signed by Judge Edward M. Chen on 5/22/13. (bpf, COURT STAFF) (Filed on 5/22/2013)

1 ROBERT R. MOORE (BAR NO. 113818)
DAVID H. BLACKWELL (BAR NO. 153354)
2 MICHAEL J. BETZ (BAR NO. 196228)
ANDREW MAYER (BAR NO. 287061)
3 ALLEN MATKINS LECK GAMBLE
MALLORY & NATSIS LLP
4 Three Embarcadero Center, 12th Floor
San Francisco, CA 94111-4074
5 Phone: [phone]
Fax: [phone]
6 E-Mail: [e-mail]
[e-mail]
[e-mail]
7
[e-mail]
8
Attorneys for Plaintiffs and Petitioners
9 LONGS DRUG STORES CALIFORNIA, L.L.C. and
ARMSTRONG DEVELOPMENT PROPERTIES,
10 INC.
11

UNITED STATES DISTRICT COURT

12

NORTHERN DISTRICT OF CALIFORNIA

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14 LONGS DRUG STORES CALIFORNIA,
L.L.C., a California limited liability
15 company and ARMSTRONG
DEVELOPMENT PROPERTIES, INC., a
16 Pennsylvania corporation,
Plaintiffs and Petitioners,

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Case No. C 13-01383 EMC
STIPULATION SEEKING EXTENSION OF
TIME FOR HEARING OF PLAINTIFFS'
MOTION TO DISMISS AND MOTION FOR
ABSTENTION;
[PROPOSED] ORDER
Ctrm: 5
Judge: Hon. Edward M. Chen

v.

19 CITY OF SEBASTOPOL, CITY
COUNCIL OF THE CITY OF
20 SEBASTOPOL, and GLENN
SCHAINBLATT, in his official capacity as
21 Building Official of the City of Sebastopol,,
Defendants and Respondents.

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LAW OFFICES

Allen Matkins Leck Gamble
Mallory & Natsis LLP

885781.01/SF

No. C 12-01383 EMC
Stipulation Seeking Extension of Time for
Hearing on Motion to Dismiss; Proposed Order

1

IT IS HEREBY STIPULATED AND AGREED by and between Plaintiffs Longs

2 Drug Stores California, L.L.C. and Armstrong Development Properties, Inc. (collectively,
3 "Plaintiffs"), and Defendants City of Sebastopol, City Council of the City of Sebastopol,
4 and in his official capacity Building Official Glenn Schainblatt (collectively,
5 "Defendants") as follows:
6

WHEREAS, irresolvable scheduling conflicts make it impractical for the

7 Defendnats' counsel to meet the briefing schedule and attend the hearing on Defendants'
8 Motion to Dismiss and Motion for Abstention, currently scheduled for hearing on June 20,
9 2013 at 1:30 p.m.; and
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WHEREAS, there have been no previous time modifications in this case, whether

11 by stipulation or Court order; and
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WHEREAS, this case is set for a Case Management Conference on June 27;

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WHEREAS, because no discovery schedule or trial dates have yet been set for this

14 case, the rescheduling of the hearing on Defendants' Motions for Dismissal and Abstention
15 would not affect any other dates.
16

NOW, THEREFORE, pursuant to Local Civil Rule 6-2, the parties jointly stipulate,

17 by and through counsel, as follows:
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1. The hearing on Defendants' Motion to Dismiss and Motion for Abstention

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shall be rescheduled to June 27, 2013 at 1:30 p.m., to correspond with the

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date of the Case Management Conference already scheduled in this case, or

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as soon thereafter as the Court may hear these motions.
2. Plaintiffs' Opposition to Defendants' Motions for Dismissal and Abstention

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shall be filed on or before May 29, 2013.

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3. Defendants' Reply shall be filed on or before June 5, 2013.

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LAW OFFICES

Allen Matkins Leck Gamble
Mallory & Natsis LLP

885781.01/SF

-2-

No. C 12-01383 EMC
Stipulation Seeking Extension of Time for
Hearing on Motion to Dismiss; Proposed Order

1 Dated: May 21, 2013

MEYERS, NAVE, RIBACK, SILVER &
WILSON

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By:

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4

/s/ Edward Grutzmacher
EDWARD GRUTZMACHER
Attorneys for Defendants

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6 Dated: May 21, 2013

ALLEN MATKINS LECK GAMBLE
MALLORY & NATSIS LLP

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By:

8
9

/s/ Michael J. Betz
MICHAEL J. BETZ
Attorneys for Plaintiffs

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11

I hereby attest that I have on file all holographic signatures corresponding to any

12 signatures indicated by a conformed signature (/S/) within this e-filed document.
13
14 Dated: May 21, 2013

ALLEN MATKINS LECK GAMBLE
MALLORY & NATSIS LLP

15
By:

/s/ Michael J. Betz
MICHAEL J. BETZ
Attorneys for Plaintiffs

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LAW OFFICES

Allen Matkins Leck Gamble
Mallory & Natsis LLP

885781.01/SF

-3-

No. C 12-01383 EMC
Stipulation Seeking Extension of Time for
Hearing on Motion to Dismiss; Proposed Order

1
[PROPOSED] ORDER

2
3

PURSUANT TO THE ABOVE STIPULATION, IT IS SO ORDERED THAT:

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1. The hearing on Defendants' Motion to Dismiss and Motion for Abstention

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shall be rescheduled to June 27, 2013 at 1:30 p.m.

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2. Plaintiffs' Opposition to Defendants' motions for Dismissal and Abstention

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shall be filed on or before May 29, 2013.

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3. Defendants' Reply shall be filed on or before June 5, 2013.

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4. Joint CMC statement shall be filed by June 20, 2013.

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S
NO

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Judge E

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M. Che

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Hon. Edward M. Chen
ERED
United States District Court RD D
SO O
IS
for the NorthernIT S MODIFIE
District of California
A

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UNIT
ED

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5/22/13

RT
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12 Date:

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LAW OFFICES

Allen Matkins Leck Gamble
Mallory & Natsis LLP

885781.01/SF

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No. C 12-01383 EMC
Stipulation Seeking Extension of Time for
Hearing on Motion to Dismiss; Proposed Order