IBiz LLC v. City of Hayward

Filing 30

STIPULATION AND ORDER to Extend Time to File Reply Brief as to 13 MOTION for Preliminary Injunction. Replies due by 6/12/2013. Signed by Judge Samuel Conti on 06/06/2013. (tmi, COURT STAFF) (Filed on 6/6/2013)

1 John H. Weston (SBN: 46146)
[e-mail]
2 G. Randall Garrou (SBN: 74442)
[e-mail]
3 Jerome H. Mooney (SBN: 199542)
[e-mail]
4 Weston, Garrou & Mooney
12121 Wilshire Boulevard, Suite 525
5 Los Angeles, CA 90025-1176
Telephone: [phone]
6 Facsimile: [phone]
7 Attorneys for Plaintiff IBIZ, LLC
8 MICHAEL S. LAWSON (SBN: 048172)
City Attorney
9 [e-mail]
MICHAEL G. VIGILIA (SBN: 228353)
10 [e-mail]
Assistant City Attorney
11 CITY OF HAYWARD
777 B Street, 4th Fl.
12 Hayward, CA 94541-5007
Tel: [phone]
13 Fax: [phone]
14 Attorneys for Defendant
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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

18 IBIZ, LLC, a California Limited Liability
19 Company,
Plaintiff,

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vs.

CITY OF HAYWARD, a California
22 municipal corporation,
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Defendant

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Case No: CV 13 1537 SC
STIPULATION AND [PROPOSED]
ORDER TO EXTEND TIME TO FILE
REPLY BRIEF
Hrg. Date: June 21, 2013
Hrg. Time: 10:00 a.m.
Location: Crtrm. 1, 17th Floor
Judge: Samuel Conti

COME NOW PLAINTIFF IBIZ AND DEFENDANT CITY AND STIPULATE AS FOLLOWS:

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STIPULATION AND [PROPOSED] ORDER TO EXTEND TIME TO
FILE REPLY BRIEF
PRG7993.doc

On May 7, 2013, Plaintiff IBIZ, LLC (“IBiz”) filed its motion for preliminary injunction.

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2 On May 21, 2013, the City filed its papers in Opposition to the Motion. Pursuant to a prior
3 stipulated extension request and order, IBiz’ reply papers are due tomorrow, June 7, 2013.
Due to a combination of emergency litigation that has occupied lead drafting counsel for

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5 Plaintiff along with additional obligations he has with respect to the care of his wife, following her
6 recent major shoulder surgery, counsel requests one final extension of time to complete the filing of
7 Plaintiff’s Reply papers in connection with the pending preliminary injunction motion. For these
8 reasons, Plaintiff’s counsel asked Counsel for the City if he would agree to one final 5 day
9 extension of the due date for Plaintiff’s Reply papers, subject to the approval of the Court. Counsel
10 for the City graciously granted this request.
The requested extended filing date would be Wednesday, June 12th. The hearing on

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12 Plaintiff’s motion is scheduled for June 21st.
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STIPULATION
The parties, by and through their counsel of record, HEREBY STIPULATE, subject to the

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15 approval of the Court, to extend the time IBIZ has to file its reply papers in support of its motion
16 for preliminary injunction, presently due on June 7, 2013, to June 12, 2013.
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20 DATED: June 6, 2013

John H. Weston
G. Randall Garrou
Jerome Mooney
WESTON, GARROU & MOONEY

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By:

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/s/ G. Randall Garrou
G. Randall Garrou
Attorneys for Plaintiff IBIZ LLC

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STIPULATION AND [PROPOSED] ORDER TO EXTEND TIME TO
FILE REPLY BRIEF
PRG7993.doc

1 DATED: June 6, 2013

MICHAEL S. LAWSON, CITY ATTORNEY

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By:

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/s/ Michael G. Vigilia
MICHAEL G. VIGILIA
Assistant City Attorney, City of Hayward
Attorney for Defendant, City of Hayward

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ORDER
Based on the stipulation of the parties, and good cause appearing therefore, the Court

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9 hereby extends the deadline for IBiz to file its reply papers in support of its Motion for Preliminary
Injunction, until June 12, 2013

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IT IS SO ORDERED.

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_______________________________
UNITED STATES DISTRICT JUDGE
HON. SAMUEL CONTI
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06/06/2013
DATED: _____________________

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STIPULATION AND [PROPOSED] ORDER TO EXTEND TIME TO
FILE REPLY BRIEF
PRG7993.doc

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