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

Filing 77

STIPULATION AND ORDER re 76 Continuing Hrg on Mtn for Partial Summary Jdgmt & Status Conf filed by Glenn Schainblatt, City Council of the City of Sebastopol, City of Sebastopol, Set/Reset Deadlines as to 76 STIPULATION WITH PR OPOSED ORDER Continuing Hrg on Mtn for Partial Summary Jdgmt & Status Conf, 42 MOTION for Partial Summary Judgment . Motion Hearing set for 7/10/2014 01:30 PM in Courtroom 5, 17th Floor, San Francisco before Hon. Edward M. Chen. Status Report due by 7/3/2014. Status Conference set for 7/10/2014 01:30 PM in Courtroom 5, 17th Floor, San Francisco before Hon. Edward M. Chen.. Signed by Judge Edward M.Chen on 5/29/14. (bpf, COURT STAFF) (Filed on 5/29/2014)

1 Steven T. Mattas (SBN: 154247)
[e-mail]
2 Edward Grutzmacher (SBN: 228649)
[e-mail]
3 MEYERS, NAVE, RIBACK, SILVER & WILSON
555 12th Street, Suite 1500
4 Oakland, California 94607
Telephone: [phone]
5 Facsimile: [phone]
6 Attorneys for Defendants and Respondents
CITY OF SEBASTOPOL, CITY COUNCIL OF
7 THE CITY OF SEBASTOPOL, and
GLENN SCHAINBLATT
8

EXEMPT FROM FILING FEES
GOV’T CODE § 6103

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA, SAN FRANCISCO DIVISION

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12 LONGS DRUG STORES CALIFORNIA,
L.L.C., a California limited liability company,
13 and ARMSTRONG DEVELOPMENT
PROPERTIES, INC., a Pennsylvania
14 corporation,
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Case No. C13-1383 EMC
STIPULATION CONTINUING HEARING
ON MOTION FOR PARTIAL SUMMARY
JUDGMENT AND STATUS
CONFERENCE

Plaintiffs and Petitioners,
Judge: Hon. Edward M. Chen

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vs.

17 CITY OF SEBASTOPOL, CITY COUNCIL
OF THE CITY OF SEBASTOPOL, and
18 GLENN SCHAINBLATT, in his official
capacity as Building Official of the City of
19 Sebastopol,
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Trial Date: August 25, 2014
Time:
1:30 p.m.
Ctrm:
5

Defendants and Respondents.

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C13-1383 EMC
STIPULATION CONTINUING HEARING ON MOTION FOR PARTIAL SUMMARY JUDGMENT AND STATUS
CONFERENCE

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1.

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

2 of the City of Sebastopol, and Glenn Schainblatt (collectively, “Defendants”) filed a Motion for
3 Partial Summary Judgment, which is now set for hearing on June 5, 2014.
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2.

A Status Conference is also set to take place on June 5, 2014.

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3.

The parties are currently engaged in settlement negotiations, which they believe

6 may resolve this matter and obviate the need for the June 5, 2014 hearings.
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NOW, THEREFORE, THE PARTIES HEREBY STIPULATE AS FOLLOWS:

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1.

To provide the parties with time to explore settlement, the June 5, 2014 hearing on

9 the Motion for Partial Summary Judgment and the June 5, 2014 Status Conference should be
10 continued to July 10, 2014 at 1:30 p.m.
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2.

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

12 DATED: May 29, 2014

MEYERS, NAVE, RIBACK, SILVER & WILSON

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By:

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19 DATED: May 29, 2014
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/s/ Edward Grutzmacher
Edward Grutzmacher
Steven T. Mattas
Attorneys for Defendants and Respondents
CITY OF SEBASTOPOL, CITY COUNCIL OF
THE CITY OF SEBASTOPOL, and GLENN
SCHAINBLATT

ALLEN MATKINS LECK GAMBLE MALLORY &
NATSIS LLP

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By:

/s/ Cathy A. Hongola-Baptista
Cathy A. Hongola-Baptista
Robert R. Moore
David H. Blackwell
Michael J. Betz
Attorneys for Plaintiffs and Petitioners
LONGS DRUG STORES CALIFORNIA, L.L.C.
and ARMSTRONG DEVELOPMENT
PROPERTIES, INC.

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C13-1383 EMC
3
STIPULATION CONTINUING HEARING ON MOTION FOR PARTIAL SUMMARY JUDGMENT AND STATUS
CONFERENCE

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

2 indicated by a conformed signature (/s/) within this e-filed document.
3 DATED: May 29, 2014

MEYERS, NAVE, RIBACK, SILVER & WILSON

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By:

/s/ Edward Grutzmacher
Edward Grutzmacher
Steven T. Mattas
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
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STIPULATION CONTINUING HEARING ON MOTION FOR PARTIAL SUMMARY JUDGMENT AND STATUS
CONFERENCE

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[Proposed] ORDER

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

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1.

The June 5, 2014 hearing on the Motion for Partial Summary Judgment is

4 continued to July 10, 2014 at 1:30 p.m.
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2.

The June 5, 2014 Status Conference is continued to July 10, 2014 at 1:30 p.m.

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3.

The date for the parties to submit a joint status report is continued to July 3, 2014.

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4.

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

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IT IS SO ORDERED.

Hon. Edward M. Chen
n
Judge, USDC-NDCA
M. Che
Edward
Judge

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10 DATED: _________________, 2014

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C13-1383 EMC
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STIPULATION CONTINUING HEARING ON MOTION FOR PARTIAL SUMMARY JUDGMENT AND STATUS
CONFERENCE