IBiz LLC v. City of Hayward

Filing 60

STIPULATION AND ORDER to Continue Case Management Conference. CASE REFERRED to a Magistrate Judge for Settlement. Case Management Statement due by 9/12/2014. Case Management Conference set for 9/22/2014 10:00 AM in Courtroom 1, 17th Floor, San Francisco. Signed by Judge Samuel Conti on 04/14/2014. (tmi, COURT STAFF) (Filed on 4/14/2014)

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

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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
IT IS SO ORDERED AS MODIFIED
Current Hrg.:
Hrg. Date: April 18, 2014
Hrg. Time: 10:00 a.m.
Location: Crtrm. 1, 17th Floor
Judge: Samuel Conti
Proposed New Hrg.:
Hrg. Date: June 13, 2014
Hrg. Time: 10:00 a.m.
Location: Crtrm. 1, 17th Floor

COME NOW PLAINTIFF IBIZ AND DEFENDANT CITY AND STIPULATE AS FOLLOWS:
Pursuant to Local Rule 16-10(c), Plaintiff IBIZ, LLC (“Plaintiff” or “IBIZ”) and

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STIPULATION AND [PROPOSED] ORDER TO CONTINUE CMC

1 Defendant the City of Hayward (“Defendant” or the “City”) hereby submit this Stipulation and
2 [Proposed] Order to continue the Case Management Conference presently set in this Court for
3 April 18, 2014 at 10 a.m. to June 13, 2014, at 10 a.m., and to refer the parties to a settlement
4 conference before a United States Magistrate Judge to be held approximately 150 days from the
5 date of the Court’s order for the purpose of resolving the parties’ attorney fee dispute.
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As the Court is aware, the merits of this case are now moot and the only outstanding

7 issue to be resolved relates to Plaintiff I Biz’s entitlement to attorney fees pursuant to 42 U.S.C.
8 §1988. (Doc. 55). The parties participated in an ADR teleconference with the Court’s ADR staff
9 on April 10, 2014 during which the parties indicated that they would work diligently and in good
10 faith to resolve the attorney fee issue informally so that Court resources would not be unnecessarily
11 expended to resolve the issue. ADR staff proposed that, in order to allow the parties sufficient time
12 to engage in good faith negotiations regarding the attorney fee matter, a recommendation would be
13 made to this Court to refer the matter for a settlement conference to be held before a Magistrate
14 Judge approximately 150 days from the date of the teleconference in the event the parties are
15 unsuccessful in resolving the fee dispute informally. The parties are agreeable to that arrangement.
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STIPULATION
Subject to the approval of the Court, the parties, by and through their counsel of record,

18 HEREBY STIPULATE as follows:
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(1) The Case Management Conference currently scheduled for April 18, 2014, at 10:00 a.m.

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is continued to June 13, 2014 at 10:00 a.m. or to any other time that is convenient for

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the Court;

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(2) The resolution of the attorney fee dispute will be referred for a settlement conference

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before a United States Magistrate Judge to be held approximately 150 days from the

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date of the Court’s Order regarding this Stipulation.

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STIPULATION AND [PROPOSED] ORDER TO CONTINUE CMC

1 DATED: April 10, 2014

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

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By:

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7 DATED: April 10, 2014

/s/ G. Randall Garrou, as authorized on 4/10/14
G. Randall Garrou
Attorneys for Plaintiff IBIZ LLC
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

[PROPOSED] ORDER
Based on the stipulation of the parties, and good cause appearing therefore, the Court enters
the following orders:

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(1) The Case Management Conference currently scheduled for April 18, 2014, at 10:00 a.m.
September 19, 2014
is continued to June 13, 2014 at 10:00 a.m.;

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(2) The resolution of the attorney fee dispute will be referred for a settlement conference
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before a United States Magistrate Judge to be held approximately 150 days from the
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date of the Court’s Order regarding this Stipulation.

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Judge Samuel

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UNITED STATES DISTRICT JUDGE
HON. SAMUEL CONTI ti
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WITHOUT
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DERED
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_______________________________
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04/14/2014
24 DATED: _____________________

UNIT
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IT IS SO ORDERED.

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STIPULATION AND [PROPOSED] ORDER TO CONTINUE CMC

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