Longs Drug Stores California, L.L.C. et al v. City of Sebastopol et al
Filing
21
STIPULATION AND ORDER re 20 STIPULATION WITH PROPOSED ORDER re 12 MOTION to Dismiss filed by Glenn Schainblatt, City Council of the City of Sebastopol, City of Sebastopol, Motions terminated: 12 MOTION to Di smiss filed by Glenn Schainblatt, City Council of the City of Sebastopol, City of Sebastopol, 20 STIPULATION WITH PROPOSED ORDER re 12 MOTION to Dismiss filed by Glenn Schainblatt, City Council of the City of Sebastopol, City of Sebastopol.. Signed by Judge Edward M. Chen on 6/10/13. (bpf, COURT STAFF) (Filed on 6/10/2013)
1 Steven T. Mattas (SBN: 154247)
smattas@meyersnave.com
2 Edward Grutzmacher (SBN: 228649)
egrutzmacher@meyersnave.com
3 MEYERS, NAVE, RIBACK, SILVER & WILSON
555 12th Street, Suite 1500
4 Oakland, California 94607
Telephone: (510) 808-2000
5 Facsimile: (510) 444-1108
6 Larry McLaughlin (SBN: 77401)
lwmclaughlin@juno.com
7 City Attorney
MCLAUGHLIN & HENDRICKSON
8 121 No. Main St.
Sebastopol, California 95472
9 Telephone: (707) 823-2134
Facsimile: (707) 823-8089
10
Attorneys for Defendants and Respondents
11 CITY OF SEBASTOPOL, CITY COUNCIL OF
THE CITY OF SEBASTOPOL, and GLENN
12 SCHAINBLATT
13
UNITED STATES DISTRICT COURT
14
NORTHERN DISTRICT OF CALIFORNIA
15
16
LONGS DRUG STORES CALIFORNIA,
17 L.L.C., a California limited liability company,
and ARMSTRONG DEVELOPMENT
18 PROPERTIES, INC., a Pennsylvania
corporation,
19
Plaintiffs and Petitioners,
20
v.
21
CITY OF SEBASTOPOL, CITY COUNCIL
22 OF THE CITY OF SEBASTOPOL, and
GLENN SCHAINBLATT, in his official
23 capacity as Building Official of the City of
Sebastopol,
24
Defendants and Respondents.
25
Case No. C13-1383 EMC
STIPULATION REGARDING MOTION
TO DISMISS (FRCP 12(b)(1), (6)), AND
ALTERNATIVELY, MOTION FOR
ABSTENTION UNDER YOUNGER AND
COLORADO RIVER; [Proposed] ORDER
Trial Date:
None Set
DEPT:
JUDGE:
Courtroom 5
Honorable Edward M. Chen
26
27
28
C13-1383 EMC
STIPULATION REGARDING MOTION TO DISMISS (FRCP 12(b)(1), (6)), AND ALTERNATIVELY, MOTION
FOR ABSTENTION UNDER YOUNGER AND COLORADO RIVER; [Proposed] ORDER
1
STIPULATION
2
1.
On March 28, 2013, Plaintiffs and Petitioners LONGS DRUG STORES
3 CALIFORNIA, L.L.C. and ARMSTRONG DEVELOPMENT PROPERTIES, INC.
4 (“Petitioners”) filed their Verified Complaint for Injunctive Relief and Damages; Verified Petition
5 for Writ of Mandate (“Federal Action”) against Defendants and Respondents CITY OF
6 SEBASTOPOL, CITY COUNCIL OF THE CITY OF SEBASTOPOL, and GLENN
7 SCHAINBLATT (collectively, “City”).
8
2.
Currently pending in Sonoma County Superior Court (Case No. SCV252962) is
9 Petitioners’ Complaint for Declaratory Relief, Injunctive Relief, and Damages; Petition for Writ of
10 Mandate (“State Action”), which also names the City of Sebastopol and the City Council of the
11 City of Sebastopol as Defendants and Respondents, and contains substantially similar allegations
12 to those contained in the Federal Action.
13
3.
On May 8, 2013, the City filed a motion to dismiss the Federal Action under FRCP
14 Rule 12(b)(1) and (6) and, alternatively, a motion asking this Court to abstain from hearing the
15 Federal Action under the Younger and Colorado River abstention doctrines (“Motion”).
16
4.
The parties have met and conferred and reached an informal resolution of the City’s
17 Motion.
18
NOW, THEREFORE, THE PARTIES HERETO DO HEREBY STIPULATE AS
19 FOLLOWS:
20
1.
The City withdraws its Motion.
21
2.
The City stipulates to the Federal Court’s jurisdiction.
22
3.
Petitioners agree that the Federal Action does not seek to vacate or set aside the
23 City’s adoption of the First Urgency Ordinance a.k.a. the First Moratorium Ordinance, adopted by
24 the City on December 18, 2012. The parties agree that no amendment of the Federal Action is
25 required.
26
4.
Petitioners will dismiss the State Action with prejudice after the initial case
27 management conference now scheduled for June 27, 2013, provided the case proceeds in this
28 Court.
C13-1383 EMC
1
STIPULATION REGARDING MOTION TO DISMISS (FRCP 12(b)(1), (6)), AND ALTERNATIVELY, MOTION
FOR ABSTENTION UNDER YOUNGER AND COLORADO RIVER; [Proposed] ORDER
1 DATED: June ___, 2013
MEYERS, NAVE, RIBACK, SILVER & WILSON
2
3
By:
4
5
6
/S/ Edward Grutzmacher
Edward Grutzmacher
Attorneys for Defendants and Respondents
CITY OF SEBASTOPOL; CITY COUNCIL OF
THE CITY OF SEBASTOPOL; and GLENN
SCHAINBLATT
7
DATED: June ___, 2013
8
ALLEN MATKINS LECK GAMBLE MALLORY &
NATSIS LLP
9
10
By:
11
12
13
/S/ Michael J. Betz
Michael J. Betz
Attorneys for Plaintiffs and Petitioners
LONGS DRUG STORES CALIFORNIA, L.L.C.
and ARMSTRONG DEVELOPMENT
PROPERTIES, INC.
14
15
I hereby attest that I have on file all holographic signatures corresponding to any signatures
16 indicated by a conformed signature (/S/) within this e-filed document.
17 DATED: June ___, 2013
MEYERS, NAVE, RIBACK, SILVER & WILSON
18
19
20
21
22
By:
/S/ Edward Grutzmacher
Edward Grutzmacher
Attorneys for Defendants and Respondents
CITY OF SEBASTOPOL; CITY COUNCIL OF
THE CITY OF SEBASTOPOL; and GLENN
SCHAINBLATT
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C13-1383 EMC
2
STIPULATION REGARDING MOTION TO DISMISS (FRCP 12(b)(1), (6)), AND ALTERNATIVELY, MOTION
FOR ABSTENTION UNDER YOUNGER AND COLORADO RIVER
1
[Proposed] ORDER
2
3
PURSUANT TO THE ABOVE STIPULATION, IT IS SO ORDERED THAT:
4
1.
The City’s Motion to Dismiss and Motion for Abstention is withdrawn.
5
2.
This Court shall not consider Petitioners' claims as seeking to vacate or set aside
6 the City’s adoption of the First Urgency Ordinance a.k.a. the First Moratorium Ordinance, adopted
7 by the City on December 18, 2012. No amendment to the Federal Action is required.
8
3.
Petitioners will dismiss the State Action with prejudice after the initial case
9 management conference now scheduled for June 27, 2013, provided the case proceeds in this
10 Court.
18
R NIA
ER
H
17
RT
16 2090749.1
NO
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FO
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D
RDERE
Hon.IEdwardO O
T IS S M. Chen
United States District Court Judge
Northern District of California
n
M. Che
Edward
Judge
LI
DATED: 6/10/13
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C13-1383 EMC
3
STIPULATION REGARDING MOTION TO DISMISS (FRCP 12(b)(1), (6)), AND ALTERNATIVELY, MOTION
FOR ABSTENTION UNDER YOUNGER AND COLORADO RIVER
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