IBiz LLC v. City of Hayward

Filing 57

STIPULATION AND ORDER Continuing Case Management Conference. Case Management Statement due by 4/11/2014. Case Management Conference set for 4/18/2014 10:00 AM in Courtroom 1, 17th Floor, San Francisco. Signed by Judge Samuel Conti on 02/03/2014. (tmi, COURT STAFF) (Filed on 2/3/2014)

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John H. Weston (SBN: 46146)
[e-mail]
G. Randall Garrou (SBN: 74442)
[e-mail]
Jerome H. Mooney (SBN: 199542)
[e-mail]
Weston, Garrou & Mooney
12121 Wilshire Boulevard, Suite 525
Los Angeles, CA 90025-1176
Telephone: [phone]
Facsimile: [phone]
Attorneys for Plaintiff
IBiz, LLC

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MICHAEL S. LAWSON (SBN 048172)
City Attorney
MICHAEL G. VIGILIA (SBN 228353)
Assistant City Attorney
CITY OF HAYWARD
777 B Street, 4th Floor
Hayward, CA 94541-5007
Tel: [phone]
Fax: [phone]
[e-mail]
[e-mail]

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Attorneys for Defendant City of Hayward

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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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IBIZ, LLC, a California Limited Liability
Company,
Plaintiff,

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vs.
CITY OF HAYWARD, a California
municipal corporation,

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Case No. CV 13 1537 SC
STIPULATION AND ORDER TO
CONTINUE CMC AND TO ESTABLISH
FEES FILING DEADLINE
Date of CMC: Feb. 7, 2014
Time: 10:00 a.m.
Place: Courtroom 1

Defendant

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Pursuant to Local Rule 16-10(c), Plaintiff IBIZ, LLC (“Plaintiff” or “IBIZ”) and
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Defendant the City of Hayward (“Defendant” or the “City”) hereby submit this Stipulation and
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PRG8143.DOC

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STIPULATION AND ORDER TO CONTINUE CMC AND TO ESTABLISH FEES FILING DEADLINE

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[Proposed] Order to continue the Case Management Conference presently set in this Court for

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February 7, 2014 at 10 a.m. to April 11, 2014, at 10 a.m., and to establish a deadline of 30 days

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following the conclusion of any ADR proceeding(s) in this case for the filing of any attorneys

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fees motions.

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As set forth in paragraph 16 of the Joint Case Management Statement (Doc. 55) filed on

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January 31, 2014, “Whether an attorneys fees motion need be filed will not be determined until

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after the conclusion of the ADR [proceedings]. Consequently, the parties propose that the filing

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of any attorneys fees motion be scheduled to occur no later than 30 days after the conclusion of

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any ADR [proceedings].”

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Since the merits of this case are now moot, and since the parties are in agreement as to

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how to proceed regarding attorneys fees, there would no longer seem to be a purpose for holding

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the presently scheduled Case Management Conference, at least prior to the time (following any

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ADR proceedings) that the parties conclude that it may become necessary to file attorneys fees

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motions in order to resolve the outstanding attorneys fees issues. For this reason, the parties

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mutually agree that holding the currently scheduled Case Management Conference at this stage

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would be premature and request that the Court: (1) reschedule the Case Management Conference

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to April 11, 2014; (2) order that any fees motions be filed within 30 days after the conclusion of

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any ADR proceedings addressing the issue of attorneys’ fees; and (3) further order that, any party

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seeking attorneys fees shall file, within 5 days of the conclusion of such ADR proceedings, a

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Supplemental Status Report, notifying the court of the conclusion of such proceedings.

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WESTON, GARROU & MOONEY

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DATED: February 3, 2014

By:

/s John H. Weston
JOHN H. WESTON
Attorney for Plaintiff
IBiz, LLC

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PRG8143.DOC

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STIPULATION AND ORDER TO CONTINUE CMC AND TO ESTABLISH FEES FILING DEADLINE

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DATED: February 3, 2014

MICHAEL S. LAWSON, CITY ATTORNEY

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By: s/ Michael G. Vigilia (as authorized on 1/31/14)
MICHAEL G. VIGILIA
Assistant City Attorney, City of Hayward
Attorney for Defendant City of Hayward

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ORDER

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(1) The Case Management Conference presently set for February 7, 2014 in this case is
continued to April 11, 2014 at 10:00 a.m.;
(2) Any fees motions shall be filed within 30 days following the conclusion of any ADR
proceedings; and
(3) Any party seeking attorneys fees shall file, within 5 days of the conclusion of such

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ADR proceedings, a Supplemental Status Report, notifying the court of the conclusion of such

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proceedings.

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R NIA

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UNIT
ED

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DATED: February ____, 2014

S DISTRICT
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HON. SAMUEL CONTI
UNITED STATES DISTRICT JUDGE
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PRG8143.DOC

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STIPULATION AND ORDER TO CONTINUE CMC AND TO ESTABLISH FEES FILING DEADLINE