IBiz LLC v. City of Hayward
Filing
46
STIPULATION AND ORDER to Continue Date of Case Management Conference. Case Management Statement due by 11/15/2013. Case Management Conference set for 11/22/2013 10:00 AM in Courtroom 1, 17th Floor, San Francisco. Signed by Judge Samuel Conti on 08/05/2013. (tmi, COURT STAFF) (Filed on 8/5/2013)
1 John H. Weston (SBN: 46146)
johnhweston@wgdlaw.com
2 G. Randall Garrou (SBN: 74442)
randygarrou@wgdlaw.com
3 Jerome H. Mooney (SBN: 199542)
jerrym@mooneylaw.com
4 Weston, Garrou & Mooney
12121 Wilshire Boulevard, Suite 525
5 Los Angeles, CA 90025-1176
Telephone: (310) 442-0072
6 Facsimile: (310) 442-0899
7 Attorneys for Plaintiff IBIZ, LLC
8 MICHAEL S. LAWSON (SBN: 048172)
City Attorney
9 Michael.lawson@hayward-ca.gov
MICHAEL G. VIGILIA (SBN: 228353)
10 Michael.vigilia@hayward-ca.gov
Assistant City Attorney
11 CITY OF HAYWARD
777 B Street, 4th Fl.
12 Hayward, CA 94541-5007
Tel: (510) 583-4450
13 Fax: (510) 583-3660
14 Attorneys for Defendant
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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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 CONTINUE DATE OF CMC
Current Hrg.:
Hrg. Date: August 9, 2013
Hrg. Time: 10:00 a.m.
Location: Crtrm. 1, 17th Floor
Judge: Samuel Conti
Proposed New Hrg.:
Hrg. Date: Nov. 22, 2013
Hrg. Time: 10:00 a.m.
Location: Crtrm. 1, 17th Floor
COME NOW PLAINTIFF IBIZ AND DEFENDANT CITY AND STIPULATE AS FOLLOWS:
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STIPULATION AND [PROPOSED] ORDER TO CONTINUE CMC
PRG8027.DOC
1
Per this Court’s Minute Order (Doc. 43) issued on July 18, 2013, the Case Management
2 Conference in this case is currently set for August 9, 2013 and the Case Management Conference
3 Statement is due on August 2, 2013.
4
The parties mutually request that the Court continue the Case Management Conference to
5 November 22, 2013, and that the filing date for the Case Management Conference Statement be
6 continued to November 15, 2013. This request is made for the following reasons:
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(1) The significant orders recently issued by the Court in both this case and the related case
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of Net Connection, Hayward, LLC v. City of Hayward, N.D.Cal. No. 12-cv-1212 SC,
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are being evaluated by the Hayward City Council. However the Hayward City Council
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is in its annual recess period and will not reconvene until September 17th. Until it does
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so, neither the City nor Plaintiff will be able to assess the future of this case.
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Accordingly, they would mutually prefer to postpone the Case Management Conference
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until they have a reasonable understanding of the City’s considered response to the
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Court’s Orders. Moreover, it is not clear whether the City Council will address this
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issue immediately at that first session or will be prepared to resolve its position on this
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issue at that time. Thereafter, Plaintiff would need time to assess any position taken by
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the City before determining how it wants to proceed in this litigation.
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(2) Depending upon the outcome of its talks with the City, Plaintiff is not presently sure
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whether it will be necessary to amend its pleadings before proceeding with its
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prosecution of this case.
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For each of these reasons, the parties believe that a continuance of the Case
22 Management Conference until November 22, 2013, would be in the best interests of both sides and
23 would be the most efficient and economical way to proceed. The parties have checked with this
24 Court’s clerk and confirmed that November 22, 2013, would be an available date for the continued
25 hearing.
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STIPULATION
Subject to the approval of the Court, the parties, by and through their counsel of record,
28 HEREBY STIPULATE, that the Case Management Conference herein be continued to November
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STIPULATION AND [PROPOSED] ORDER TO CONTINUE CMC
PRG8027.DOC
1 22, 2013, at 10:00 a.m. or what ever other time is convenient for the Court, and that the filing date
2 for the Joint Case Management Conference Statement be continued to November 15, 2013.
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4 DATED: August 2, 2013
John H. Weston
G. Randall Garrou
Jerome Mooney
WESTON, GARROU & MOONEY
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By:
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10 DATED: August 2, 2013
/s/ G. Randall Garrou
G. Randall Garrou
Attorneys for Plaintiff IBIZ LLC
MICHAEL S. LAWSON, CITY ATTORNEY
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By:
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ORDER
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/s/ Michael G. Vigilia
MICHAEL G. VIGILIA
Assistant City Attorney, City of Hayward
Attorney for Defendant, City of Hayward
Based on the stipulation of the parties, and good cause appearing therefore, the Case
Management Conference herein is hereby continued to November 22, 2013, at 10:00 a.m. and the
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filing date for the Joint Case Management Conference Statement is continued to November 15,
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2013.
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08/05/2013
23 DATED: _____________________
R NIA
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21 IT IS SO ORDERED.
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H
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_______________________________
UNITED STATESelDISTRICT JUDGE
onti
amu C
Judge S
HON. SAMUEL CONTI
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STIPULATION AND [PROPOSED] ORDER TO CONTINUE CMC
PRG8027.DOC
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