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)

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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 23 24 25 26 27 28 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 15 FO 14 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 A 13 UNIT ED 12 S DISTRICT TE C TA RT U O S 11 N F D IS T IC T O R C 19 20 21 22 23 24 25 26 27 28 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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