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

Filing 74

STIPULATION AND ORDER re 73 STIPULATION WITH PROPOSED ORDER Continuing Hearing on Motion for Partial Summary Judgment and Case Management Conference filed by Longs Drug Stores California, L.L.C., Armstrong Development Properties, Set/Reset Deadlines as to 73 STIPULATION WITH PROPOSED ORDER Continuing Hearing on Motion for Partial Summary Judgment and Case Management Conference, 42 MOTION for Partial Summary Judgment . Motion Hearing set for 6/5/2014 0 1:30 PM in Courtroom 5, 17th Floor, San Francisco before Hon. Edward M. Chen. Status Report due by 5/29/2014. Status Conference set for 6/5/2014 01:30 PM in Courtroom 5, 17th Floor, San Francisco before Hon. Edward M. Chen.. Signed by Judge Edward M. Chen on 4/17/14. (bpf, COURT STAFF) (Filed on 4/17/2014)

1 ROBERT R. MOORE (BAR NO. 113818)
DAVID H. BLACKWELL (BAR NO. 153354)
2 MICHAEL J. BETZ (BAR NO. 196228)
CATHY A. HONGOLA-BAPTISTA (BAR NO. 234489)
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 Defendant
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. 3:13-cv-01383 EMC
JOINT STIPULATION CONTINUING
HEARING ON MOTION FOR PARTIAL
SUMMARY JUDGMENT AND CASE
MANAGEMENT CONFERENCE;
[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

921333.02/SF

Case No. 3:13-cv-01383 EMC
Joint Stipulation Continuing Hearings

STIPULATION

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1.

On January 9, 2014, Defendants and Respondents City of Sebastopol, City

3 Council of the City of Sebastopol and Glenn Schainblatt (collectively, "Defendants") filed
4 a Motion for Partial Summary Judgment, which is now set for hearing on April 24, 2014.
5

2.

A Case Management conference is also set to take place on April 24, 2014.

6

3.

On February 12, 2014, the Court issued an Order to Show Cause Regarding

7 This Court's Jurisdiction Over Plaintiffs' Writ of Mandate Claims (the "OSC"). The Court
8 has ordered counsel to be prepared to discuss the jurisdictional issues raised in the OSC at
9 the April 24, 2014 hearings.
10

4.

On March 6, 2014, the Court re-set the Motion for Partial Summary

11 Judgment for April 24, 2014. On March 7, 2014, the Court re-set the March 27, 2014 Case
12 Management hearing for April 24, 2014.
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5.

The parties are currently engaged in settlement negotiations which they

14 believe may resolve this matter and obviate the need for the April 24, 2014 hearings.
15 NOW, THEREFORE, THE PARTIES HEREBY STIPULATE AS FOLLOWS:
16

1.

To provide the parties with time to explore settlement, the April 24, 2014

17 hearing on the Motion for Partial Summary Judgment and the April 24, 2014 Case
18 Management hearing should be continued to June 5, 2014 at 1:30 p.m.
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2.

The parties will immediately notify the Court if a settlement is reached.

20 Dated: April 16, 2014
21
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ALLEN MATKINS LECK GAMBLE
MALLORY & NATSIS LLP
ROBERT R. MOORE
DAVID H. BLACKWELL
MICHAEL J. BETZ
By: /s/ Cathy A. Hongola-Baptista
CATHY A. HONGOLA-BAPTISTA
Attorneys for Plaintiffs and Petitioners
LONGS DRUG STORES
CALIFORNIA, L.L.C. and
ARMSTRONG DEVELOPMENT
PROPERTIES, INC.

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25
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27
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LAW OFFICES

Allen Matkins Leck Gamble
Mallory & Natsis LLP

921333.02/SF

-2-

Case No. 3:13-cv-01383 EMC
Joint Stipulation Continuing Hearings

1 Dated: April 16, 2014

MEYERS, NAVE, RIBACK, SILVER &
WILSON

2
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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I hereby attest that I have on file all holographic signatures corresponding to any

9 signatures indicated by a conformed signature (/s/) within this e-filed document.
10 Dated: April 16, 2014

ALLEN MATKINS LECK GAMBLE
MALLORY & NATSIS LLP

11
By: /s/ Cathy A. Hongola-Baptista
CATHY A. HONGOLA-BAPTISTA
Attorneys for Plaintiffs and Petitioners

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LAW OFFICES

Allen Matkins Leck Gamble
Mallory & Natsis LLP

921333.02/SF

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Case No. 3:13-cv-01383 EMC
Joint Stipulation Continuing Hearings

[Proposed] ORDER

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

3

1.

The April 24, 2014 hearing on the Motion for Partial Summary Judgment is

4 continued to June 5, 2014 at 1:30 p.m.
2.

5

The April 24, 2014 Case Management hearing is continued to June 5, 2014

6 at 1:30 p.m.
3.

The date for the parties to submit a joint status report is continued to May 29,

4.

7

The parties will immediately notify the Court if a settlement is reached.
S DISTRICT
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4/17/14
C
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Hon. Edward M. Chen
Judge, United States District Court
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Allen Matkins Leck Gamble
Mallory & Natsis LLP

921333.02/SF

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Case No. 3:13-cv-01383 EMC
Joint Stipulation Continuing Hearings