American Beverage Association et al v. City and County of San Francisco

Filing 106

STIPULATION AND ORDER re 105 STIPULATION WITH PROPOSED ORDER Continuing Case Management Conference filed by American Beverage Association, California State Outdoor Advertising Association. Case Management Statement due by 7/5/2018. Further Case Management Conference reset for 7/12/2018 10:30 AM in San Francisco, Courtroom 05, 17th Floor.Signed by Judge Edward M. Chen(bpf, COURT STAFF) (Filed on 3/16/2018)

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LATHAM & WATKINS LLP
Marcy C. Priedeman (CA Bar No. 258505)
[e-mail]
505 Montgomery Street, Suite 2000
San Francisco, CA 94111-6538
Telephone: [phone]
Facsimile: +1.415.395.8095
LATHAM & WATKINS LLP
Richard P. Bress (Admitted Pro Hac Vice)
[e-mail]
Michael E. Bern (Admitted Pro Hac Vice)
[e-mail]
555 Eleventh Street, NW, Suite 1000
Washington, DC 20004-1304
Telephone: [phone]
Facsimile: +1.202.637.2201

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Attorneys for Plaintiffs
The American Beverage Association and California
State Outdoor Advertising Association

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Additional Counsel on Signature Page

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

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THE AMERICAN BEVERAGE
ASSOCIATION, CALIFORNIA RETAILERS
ASSOCIATION, CALIFORNIA STATE
OUTDOOR ADVERTISING ASSOCIATION,

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STIPULATION AND [PROPOSED]
ORDER CONTINUING CASE
MANAGEMENT CONFERENCE

Plaintiffs,

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CASE NO. 3:15-cv-03415-EMC

v.
THE CITY AND COUNTY OF SAN
FRANCISCO,
Defendant.

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ATTORNEYS AT LAW
SAN FRANCISCO

Case Number: 15-cv-03415-EMC
STIPULATION AND [PROPOSED] ORDER RE: CMC

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Pursuant to Civil Local Rules 6-1 and 6-2, Plaintiffs The American Beverage

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Association, California Retailers Association, and California State Outdoor Advertising

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Association (“Plaintiffs”), and Defendant The City and County of San Francisco, hereby

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stipulate as follows:

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WHEREAS, the Court scheduled a Case Management Conference for September
7, 2017 (Dkt. No. 94);

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WHEREAS, on July 31, 2017, this Case Management Conference was reset to
September 28, 2017 (Dkt. No. 95);

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WHEREAS, on September 18, 2017, this Case Management Conference was
reset to March 29, 2018 (Dkt No. 98);

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WHEREAS, a Case Management Statement is due to the Court by March 22,
2018 (Dkt. No. 98);

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WHEREAS, on June 16, 2016, Plaintiffs American Beverage Association and

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California Retailers Association filed a Notice of Appeal of the Court’s May 17, 2016 Order

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Denying Plaintiffs’ Motion for Preliminary Injunction, and Plaintiff California State Outdoor

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Advertising Association filed a separate Notice of Appeal of the same order on that date;

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WHEREAS, on April 17, 2017, the parties presented oral argument to the U.S.
Court of Appeals for the Ninth Circuit;

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WHEREAS, on September 19, 2017, the U.S. Court of Appeals for the Ninth
Circuit issued a decision in the appeal in this case (Ninth Circuit Dkt. No. 74);

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WHEREAS, on October 17, 2017, Defendant filed a Petition for Panel Rehearing
or Rehearing En Banc in the appeal in this case (Ninth Circuit Dkt. No. 77);

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WHEREAS, on January 29, 2018, the U.S. Court of Appeals for the Ninth Circuit

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granted Defendant’s Petition for Rehearing En Banc in the appeal in this case (Ninth Circuit Dkt.

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No. 100); and

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ATTORNEYS AT LAW
SAN FRANCISCO

WHEREAS, the parties are awaiting an order by the U.S. Court of Appeals for the
Ninth Circuit concerning oral argument for the rehearing and awaiting a decision in this case,
NOW, THEREFORE, in the interest of judicial economy and good cause
Case Number: 15-cv-03415-EMC

1 STIPULATION AND [PROPOSED] ORDER RE: CMC

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showing, the undersigned parties, by and through their counsel of record, hereby agree and

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stipulate, and the Court hereby orders, as follows:

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(1) The Case Management Conference, currently scheduled for March 29, 2018 at

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10:30 a.m., shall be continued to at least two weeks following a decision by the U.S. Court of

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Appeals for the Ninth Circuit, at a date and time convenient for the Court; and

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(2) The parties shall submit a Joint Case Management Statement by one week
prior to the Case Management Conference.

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7/12/18 at 10:30 a.m.

The parties respectfully request that the Court enter an Order approving this
Stipulation.
IT IS SO STIPULATED.

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Dated: March 15, 2018

Respectfully submitted,
LATHAM & WATKINS LLP

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By /s/ Marcy C. Priedeman
Marcy C. Priedeman (Bar No. 258505)
LATHAM & WATKINS LLP
505 Montgomery Street
Suite 2000
San Francisco, CA 94111-6538
T +1.415.391.0600
F +1.415.395.8095
[e-mail]
Richard P. Bress (Admitted Pro Hac Vice)
Michael E. Bern (Admitted Pro Hac Vice)
LATHAM & WATKINS LLP
555 Eleventh Street, NW
Suite 1000
Washington, DC 20004-1304
T +1.202.637.2200
F +1.202.637.2201
[e-mail]
[e-mail]
Attorneys for Plaintiffs
The American Beverage Association and
California State Outdoor Advertising
Association

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ATTORNEYS AT LAW
SAN FRANCISCO

Case Number: 15-cv-03415-EMC

2 STIPULATION AND [PROPOSED] ORDER RE: CMC

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Dated: March 15, 2018

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By: /s/ Thomas S. Knox
Thomas S. Knox (Bar No. 73384)
KNOX, LEMMON & ANAPOLSKY, LLP
300 Capitol Mall, Suite 1125
Sacramento, CA 95814
T +1.916.498.9911
F +1.916.498.9991
[e-mail]
Attorneys for Plaintiff
California Retailers Association

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Dated: March 15, 2018

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By: /s/ Christine Van Aken
Christine Van Aken (Bar No. 241755)
Jeremy Goldman (Bar No. 218888)
Deputy City Attorneys
City Hall, Room 234
One Dr. Carlton B. Goodlett Place
San Francisco, CA 94102-4682
T +1.415.554.4700
F +1.415.554.4745
[e-mail]
[e-mail]
Attorneys for Defendant
City and County of San Francisco

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ATTESTATION CLAUSE

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Pursuant to Civil Local Rule 5-1(i)(3), I hereby certify that I obtained in the filing of this

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document the concurrence from all parties whose electronic signatures appear above.

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Dated: March 15, 2018

LATHAM & WATKINS LLP

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By: /s/ Marcy C. Priedeman
Marcy C. Priedeman

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ATTORNEYS AT LAW
SAN FRANCISCO

Hon. Edward M. Chen
United States District Judge hen
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Case Number: 15-cv-03415-EMC
3 STIPULATION AND [PROPOSED] ORDER RE: CMC

NO

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DATED:______________________

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3/16/18

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DERED
SO OR ED
IT IS
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AS MO

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UNIT
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PURSUANT TO STIPULATION, IT IS SO ORDERED.

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