IBiz LLC v. City of Hayward

Filing 69

STIPULATION AND ORDER Continuing Case Management Conference as MODIFIED. Case Management Statement due by 1/9/2015. Case Management Conference set for 1/16/2015 10:00 AM in Courtroom 1, 17th Floor, San Francisco. Signed by Judge Samuel Conti on 11/14/2014. (tmi, COURT STAFF) (Filed on 11/14/2014)

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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
IT IS SO ORDERED AS MODIFIED

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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 [PROPOSED]
ORDER TO CONTINUE CMC FOR SIXTY
DAYS
Date of CMC: November 21, 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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PRG8272.DOC

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STIPULATION AND ORDER TO CONTINUE CMC FOR SIXTY DAYS

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

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November 21, 2014 at 10 a.m. to January 20, 2014, at 10 a.m., and to establish a deadline of 30

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

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attorneys 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, this Court previously ordered on

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February 18, 2014, that the filing of any attorneys fees motion be scheduled to occur no later than

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30 days after the conclusion of any ADR proceedings.

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The current status of the ADR proceedings is that the matter is presently set for a

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settlement conference before magistrate Laurel Beeler in Department C of this court at 10:30 a.m.

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on December 17, 2014.

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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 the

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

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motions in order to resolve the outstanding attorneys fees issues. Since this court issued its Order

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of September 15, 2014 (establishing the Current Case Management Conference date), the parties

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have been diligently exchanging attorneys fees information and records in an attempt to arrive at

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a non-judicial resolution of Plaintiff’s attorneys fees claim . At this time, the parties have not

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reached such a conclusion but believe that an additional sixty days to work out the details will

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likely be sufficient.

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scheduled Case Management Conference at this stage would be premature and request that the

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Court reschedule the Case Management Conference to January 20, 2015 with the Case

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Management Statement due no later than January 13, 2015.

For this reason, the parties mutually agree that holding the currently

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PRG8272.DOC

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STIPULATION AND ORDER TO CONTINUE CMC FOR SIXTY DAYS

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WESTON, GARROU & MOONEY

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DATED: November 13, 2014

By:

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

DATED: November 13, 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 November 21, 2014 in this case is
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continued to January 20, 2015 at 10:00 a.m.

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(2) Per this Court’s order of February 18, 2014 (Doc. 57), any fees motions shall be filed
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within 30 days following the conclusion of any ADR proceedings; and
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(3) Per this Court’s order of February 18, 2014 (Doc. 57), any party seeking attorneys
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fees shall file, within 5 days of the conclusion of such ADR proceedings, a Supplemental Status
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Report, notifying the court of the conclusion of such proceedings.
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DATED: November___, 2014

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UNITED STATES DISTRICT JUDGE
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PRG8272.DOC

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STIPULATION AND ORDER TO CONTINUE CMC FOR SIXTY DAYS

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