IBiz LLC v. City of Hayward

Filing 53

STIPULATION AND ORDER to Continue Case Management Conference. Case Management Statement due by 1/31/2014. Case Management Conference set for 2/7/2014 10:00 AM in Courtroom 1, 17th Floor, San Francisco. Signed by Judge Samuel Conti on 11/15/2013. (tmi, COURT STAFF) (Filed on 11/15/2013)

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1 John H. Weston (SBN: 46146) 2 johnhweston@wgdlaw.com G. Randall Garrou (SBN: 74442) 3 randygarrou@wgdlaw.com Jerome H. Mooney (SBN: 199542) 4 jerrym@mooneylaw.com Weston, Garrou & Mooney 5 12121 Wilshire Boulevard, Suite 525 Los Angeles, CA 90025-1176 6 Telephone: (310) 442-0072 Facsimile: (310) 442-0899 7 Attorneys for Plaintiff IBIZ, LLC 8 MICHAEL S. LAWSON (SBN: 048172) 9 City Attorney Michael.lawson@hayward-ca.gov 10 MICHAEL G. VIGILIA (SBN: 228353) Michael.vigilia@hayward-ca.gov 11 Assistant City Attorney CITY OF HAYWARD 12 777 B Street, 4th Fl. Hayward, CA 94541-5007 13 Tel: (510) 583-4450 Fax: (510) 583-3660 14 Attorneys for Defendant 15 16 UNITED STATES DISTRICT COURT 17 NORTHERN DISTRICT OF CALIFORNIA 18 19 IBIZ, LLC, a California Limited Liability Company, 20 21 Plaintiff, vs. 22 CITY OF HAYWARD, a California 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: November 22, 2013 Hrg. Time: 10:00 a.m. Location: Crtrm. 1, 17th Floor Judge: Samuel Conti Proposed New Hrg.: Hrg. Date: February 7, 2014 Hrg. Time: 10:00 a.m. Location: Crtrm. 1, 17th Floor 27 COME NOW PLAINTIFF IBIZ AND DEFENDANT CITY AND STIPULATE AS FOLLOWS: 28 STIPULATION AND [PROPOSED] ORDER TO CONTINUE CMC PRG8108.DOC 1 Per this Court’s Minute Order (Doc. 46) issued on August 5, 2013, the Case Management 2 Conference in this case is currently set for November 22, 2013 and the Case Management 3 Conference Statement is due on November 15, 2013. 4 The parties mutually request that the Court continue the Case Management Conference to 5 February 7, 2014, and that the filing date for the Case Management Conference Statement be 6 continued to January 31, 2014. This request is made for the following reasons: 7 (1) The significant orders issued by the Court in both this case and the related case of Net 8 Connection, Hayward, LLC v. City of Hayward, N.D.Cal. No. 12-cv-1212 SC, are still 9 being evaluated by the Hayward City Council. Until it completes its evaluation, neither 10 the City nor Plaintiff will be able to assess the future of this case. Accordingly, they 11 would mutually prefer to postpone the Case Management Conference until they know 12 what the City’s response to the Court’s Orders will be. 13 (2) At this time, there is amendatory legislation presently scheduled to be introduced at the 14 December 10, 2013 City Council Meeting. If the City Council introduces the item, it 15 will be considered for adoption on December 17, 2013. 16 (3) Also, after the City Council has resolved its position, Plaintiff would need time to assess any such position before determining how it wants to proceed in this litigation. 17 18 (4) Until the City resolves its legislative and enforcement positions, Plaintiff is not 19 presently sure whether it will be necessary to amend its pleadings before proceeding 20 with its prosecution of this case. 21 (5) Counsel had agreed to seek a CMC hearing on January 31st, but after phoning the 22 court's clerk, found that date unavailable. 23 For each of these reasons, the parties believe that a continuance of the Case 24 Management Conference until February 7, 2014, would be in the best interests of both sides and 25 would be the most efficient and economical way to proceed. The parties have checked with this 26 Court’s clerk and confirmed that February 7, 2014, would be an available date for the continued 27 hearing. 28 2 STIPULATION AND [PROPOSED] ORDER TO CONTINUE CMC PRG8108.DOC 1 2 STIPULATION Subject to the approval of the Court, the parties, by and through their counsel of record, 3 HEREBY STIPULATE, that the Case Management Conference herein be continued to February 7, 4 2014, at 10:00 a.m. or what ever other time is convenient for the Court, and that the filing date for 5 the Joint Case Management Conference Statement be continued to January 31, 2014. 6 7 DATED: November 14, 2013 John H. Weston G. Randall Garrou Jerome Mooney WESTON, GARROU & MOONEY 8 9 10 By: 11 12 13 DATED: November 14, 2013 /s/ G. Randall Garrou G. Randall Garrou Attorneys for Plaintiff IBIZ LLC MICHAEL S. LAWSON, CITY ATTORNEY 14 By: 15 16 17 18 19 20 /s/ Michael G. Vigilia MICHAEL G. VIGILIA Assistant City Attorney, City of Hayward Attorney for Defendant, City of Hayward ORDER Based on the stipulation of the parties, and good cause appearing therefore, the Case Management Conference herein is hereby continued to February 7, 2014, at 10:00 a.m. and the 21 filing date for the Joint Case Management Conference Statement is continued to January 31, 2014. 22 IT IS SO ORDERED. S UNIT ED RT U O 24 ISTRIC ES D TC AT T 11/15/2013 25 DATED: _____________________ NO 27 onti amuel C Judge S H ER LI RT 28 3 N F D IS T IC T O R STIPULATION AND [PROPOSED] ORDER TO CONTINUE CMC PRG8108.DOC FO 26 R NIA _______________________________ UNITED STATES DISTRICT JUDGE HON. SAMUEL CONTI A 23 C

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