IBiz LLC v. City of Hayward

Filing 73

STIPULATION AND ORDER Continuing Case Management Conference and Setting Deadline. Case Management Statement due by 2/27/2015. Case Management Conference set for 3/6/2015 10:00 AM in Courtroom 1, 17th Floor, San Francisco. Signed by Judge Samuel Conti on 01/07/2015. (tmi, COURT STAFF) (Filed on 1/7/2015)

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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,

Case No. CV 13 1537 SC
STIPULATION AND [PROPOSED]
ORDER TO CONTINUE CMC AND TO
ESTABLISH FEES FILING DEADLINE
Date of CMC: January 16, 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
Defendant the City of Hayward (“Defendant” or the “City”) hereby submit this Stipulation and

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STIPULATION AND PROPOSED 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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January 16, 2015 at 10 a.m. to March 6, 2015, at 10 a.m., and to establish a deadline of 30 days

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following the conclusion of the Settlement Conference proceeding(s) in this case for the filing of

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any 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, 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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The Parties have engaged in substantive discussions regarding settlement of the attorney

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fee issue in this matter. Counsel for both parties have agreed upon a settlement figure that must

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be approved by the Hayward City Council in order to be finalized. The matter will be presented

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to the City Council in closed session during a regularly scheduled meeting in January. In the

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event that the settlement is not approved by the City Council, the Parties are still scheduled to

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participate in a Settlement Conference with Magistrate Judge Beeler on February 24, 2015.

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Based on the current status of the case, the parties mutually agree that holding the

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

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that the Court: (1) reschedule the Case Management Conference to March 6, 2015; (2) order that

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any fees motions be filed within 30 days after the conclusion of any ADR or Settlement

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

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party seeking attorneys fees shall file, within 5 days of the conclusion of such ADR or Settlement

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Conference proceedings, a Supplemental Status Report, notifying the court of the conclusion of

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such proceedings.

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

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WESTON, GARROU & MOONEY

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DATED: January 6, 2015

By: /s John H. Weston (as authorized on 1/5/ 2015)
JOHN H. WESTON
Attorney for Plaintiff
IBiz, LLC

DATED: January 6, 2015

MICHAEL S. LAWSON, CITY ATTORNEY

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By:

s/ Michael G. Vigilia
MICHAEL G. VIGILIA
Assistant City Attorney, City of Hayward
Attorney for Defendant City of Hayward

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

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(1) The Case Management Conference presently set for January 16, 2015 in this case is
continued to March 6, 2015 at 10:00 a.m.;
(2) Any fees motions shall be filed within 30 days following the conclusion of any ADR
or Settlement Conference proceedings; and
(3) Any party seeking attorneys fees shall file, within 5 days of the conclusion of such
ADR or Settlement Conference proceedings, a Supplemental Status Report, notifying the court of
the conclusion of such proceedings.

R NIA

RT

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NO

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HON. SAMUEL CONTI
UNITED STATES DISTRICT JUDGE
el Conti
ge Samu
Jud

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UNIT
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DATED: January ____, 2015

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[PROPOSED] ORDER

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