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)

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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 15 UNITED STATES DISTRICT COURT 16 NORTHERN DISTRICT OF CALIFORNIA 17 18 IBIZ, LLC, a California Limited Liability 19 Company, Plaintiff, 20 21 vs. CITY OF HAYWARD, a California 22 municipal corporation, 23 Defendant 24 25 26 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) 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: 27 28 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: 7 (1) The significant orders recently issued by the Court in both this case and the related case 8 of Net Connection, Hayward, LLC v. City of Hayward, N.D.Cal. No. 12-cv-1212 SC, 9 are being evaluated by the Hayward City Council. However the Hayward City Council 10 is in its annual recess period and will not reconvene until September 17th. Until it does 11 so, neither the City nor Plaintiff will be able to assess the future of this case. 12 Accordingly, they would mutually prefer to postpone the Case Management Conference 13 until they have a reasonable understanding of the City’s considered response to the 14 Court’s Orders. Moreover, it is not clear whether the City Council will address this 15 issue immediately at that first session or will be prepared to resolve its position on this 16 issue at that time. Thereafter, Plaintiff would need time to assess any position taken by 17 the City before determining how it wants to proceed in this litigation. 18 (2) Depending upon the outcome of its talks with the City, Plaintiff is not presently sure 19 whether it will be necessary to amend its pleadings before proceeding with its 20 prosecution of this case. 21 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. 26 27 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 2 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. 3 4 DATED: August 2, 2013 John H. Weston G. Randall Garrou Jerome Mooney WESTON, GARROU & MOONEY 5 6 7 By: 8 9 10 DATED: August 2, 2013 /s/ G. Randall Garrou G. Randall Garrou Attorneys for Plaintiff IBIZ LLC MICHAEL S. LAWSON, CITY ATTORNEY 11 By: 12 13 14 15 ORDER 16 17 /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 18 filing date for the Joint Case Management Conference Statement is continued to November 15, 19 2013. 22 08/05/2013 23 DATED: _____________________ R NIA UNIT ED S ISTRIC ES D TC AT T RT U O 21 IT IS SO ORDERED. 24 25 H ER LI RT FO NO _______________________________ UNITED STATESelDISTRICT JUDGE onti amu C Judge S HON. SAMUEL CONTI 26 A 20 N F D IS T IC T O R C 27 28 3 STIPULATION AND [PROPOSED] ORDER TO CONTINUE CMC PRG8027.DOC

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