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

Filing 79

STIPULATION AND ORDER re 78 STIPULATION WITH PROPOSED ORDER Continuing Hrg on Mtn for Partial Summary Jdgmt & Status Conf and Vacating Trial & Trial-Related Dates filed by Glenn Schainblatt, City Council of the City of Sebastopol, City of Sebastopol, Set/Reset Deadlines as to 78 STIPULATION WITH PROPOSED ORDER Continuing Hrg on Mtn for Partial Summary Jdgmt & Status Conf and Vacating Trial & Trial-Related Dates, 42 MOTION for Partial Summary Judgment . Status Report due by 10/9/2014. Status Conference set for 10/16/2014 01:30 PM in Courtroom 5, 17th Floor, San Francisco before Hon. Edward M. Chen. Motion Hearing reset for 10/16/2014 01:30 PM in Courtroom 5, 17th Floor, San Francisco before Hon. Edward M. Chen.. Signed by Judge Edward M. Chen on 7/2/14. (bpf, COURT STAFF) (Filed on 7/2/2014)

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
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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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Plaintiffs and Petitioners,
vs.

STIPULATION CONTINUING HEARING
ON MOTION FOR PARTIAL SUMMARY
JUDGMENT AND STATUS
CONFERENCE AND VACATING TRIAL
AND TRIAL-RELATED DATES
Judge: Hon. Edward M. Chen

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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Case No. C13-1383 EMC

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 AND VACATING TRIAL AND TRIAL-RELATED DATES

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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 July 10, 2014.
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2.

A Status Conference is also set to take place on July 10, 2014.

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3.

Trial is set to take place August 25, 2014.

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4.

The parties have engaged in settlement negotiations and believe they have reached

7 an agreement in principle. However, an extension of time will be needed in order to draft and
8 effectuate a formal settlement agreement. Should the parties settle, it would obviate the need for
9 the July 10, 2014 hearings and the August 25, 2014 trial.
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NOW, THEREFORE, THE PARTIES HEREBY STIPULATE AS FOLLOWS:

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1.

To provide the parties with time to formalize and effectuate settlement, the August

12 25, 2014 trial and trial-related dates should be vacated and the July 10, 2014 hearing on the
13 Motion for Partial Summary Judgment and the July 10, 2014 Status Conference should be
14 continued to October 16, 2014 at 1:30 p.m.
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2.

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

16 DATED: July 1, 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 AND VACATING TRIAL AND TRIAL-RELATED DATES

1 DATED: July 1, 2014
2

ALLEN MATKINS LECK GAMBLE MALLORY &
NATSIS LLP

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By:

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/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.

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

11 indicated by a conformed signature (/s/) within this e-filed document.
12 DATED: July 1, 2014

MEYERS, NAVE, RIBACK, SILVER & WILSON

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By:
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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

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

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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 August 25, 2014 trial and trial-related dates are hereby vacated.

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2.

The July 10, 2014 hearing on the Motion for Partial Summary Judgment is

5 continued to October 16, 2014 at 1:30 p.m.
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3.

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4.

The July 10, 2014 Status Conference is continued to October 16, 2014 at 1:30 p.m.
October 9, 2014.
The date for the parties to submit a joint status report is continued to July 3, 2014.

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5.

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

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IT IS SO ORDERED.

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7/2
11 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 AND VACATING TRIAL AND TRIAL-RELATED DATES