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

Filing 108

STIPULATION AND ORDER resetting CMC. Case Management Statement due by 9/13/2018. Further Case Management Conference set for 9/20/2018 10:30 AM in San Francisco, Courtroom 05, 17th Floor. Signed by Judge Edward M. Chen on 6/27/18. (bpfS, COURT STAFF) (Filed on 6/27/2018)

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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
Attorneys for Plaintiff
The American Beverage Association
Additional Counsel on Signature Page
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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CASE NO. 3:15-cv-03415-EMC
STIPULATION AND [PROPOSED]
ORDER CONTINUING CASE
MANAGEMENT CONFERENCE

Plaintiffs,
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, on March 16, 2018, this Case Management Conference was reset to July 12,
2018 (Dkt. 106);

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WHEREAS, a Case Management Statement is due to the Court by July 5, 2018 (Dkt. No.
98);
WHEREAS, on June 16, 2016, Plaintiffs American Beverage Association and California

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

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

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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;
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);
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);

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ATTORNEYS AT LAW
SAN FRANCISCO

WHEREAS, on March 22, 2018, the Ninth Circuit stayed the proceedings in the appeal in
Case Number: 15-cv-03415-EMC

1 STIPULATION AND [PROPOSED] ORDER RE: CMC

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this case pending the U.S. Supreme Court’s decision in National Institute of Family & Life

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Advocates v. Becerra, S. Ct. Dkt. No. 16-1140, or upon further order of the Court (Ninth Circuit

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Dkt. 134); and

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WHEREAS, the parties are awaiting further orders by the U.S. Court of Appeals for the
Ninth Circuit concerning this case,
NOW, THEREFORE, in the interest of judicial economy and good cause showing, the

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

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Court hereby orders, as follows:

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(1) The Case Management Conference, currently scheduled for July 12, 2018 at 10:30

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

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

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Dated: June 25, 2018

Respectfully submitted,
LATHAM & WATKINS LLP

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ATTORNEYS AT LAW
SAN FRANCISCO

By: /s/ Marcy C. Priedeman
Marcy C. Priedeman (CA 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
Case Number: 15-cv-03415-EMC

2 STIPULATION AND [PROPOSED] ORDER RE: CMC

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F +1.202.637.2201
[e-mail]
[e-mail]

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

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Dated: June 25, 2018

By: /s/ Jeremy Goldman
Jeremy Goldman (Bar No. 218888)
Christine Van Aken (Bar No. 241755)
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]

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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: June 25, 2018

LATHAM & WATKINS LLP

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

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PURSUANT TO STIPULATION, IT IS SO ORDERED.

Further CMC reset from 7/12/2018
to 9/20/2018 at 10:30 a.m.

S

ED
ORDER
IT IS SO DIFIED
AS MO

R NIA

FO

LI

ER

An

updated joint CMC statement shall

be filed by 9/13/2018.
______________________________
Hon. Edward M. Chen
United States District Judge

Chen
ard M.

w
Judge Ed

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ATTORNEYS AT LAW
SAN FRANCISCO

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DATED:______________________
NO

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6/27/2018

UNIT
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Case Number: 15-cv-03415-EMC

3 STIPULATION AND [PROPOSED] ORDER RE: CMC