California Restaurant Association v. City of Emeryville

Filing 13

STIPULATION AND ORDER re 12 MOTION for Leave to File Excess Pages filed by California Restaurant Association. Signed by Judge Jon S. Tigar on January 10, 2017. (wsn, COURT STAFF) (Filed on 1/10/2017)

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Charles L. Post, State Bar No. 160443
Lukas J. Clary, State Bar No. 251519
weintraub tobin chediak coleman grodin
LAW CORPORATION

400 Capitol Mall, 11th Floor
Sacramento, California 95814
Telephone: [phone]
Facsimile:
916/446-1611
Email: [e-mail]
[e-mail]
Attorneys for Plaintiff
California Restaurant Association

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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law corporation

weintraub tobin chediak coleman grodin

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CALIFORNIA RESTAURANT
) Case No. 3:16-cv-06660-JST
ASSOCIATION, a California nonprofit mutual )
benefit corporation,
) STIPULATION EXTENDING THE PAGE
) LIMITS FOR: (1) CALIFORNIA
Plaintiff,
) RESTAURANT ASSOCIATION’S
)
v.
) MEMORANDUM OF POINTS AND
) AUTHORITIES IN SUPPORT OF
CITY OF EMERYVILLE, a California
) MOTION FOR PRELIMINARY
municipal corporation,
) INJUNCTION; AND (2) CITY OF
) EMERYVILLE’S OPPOSITION TO
Defendant.
) CRA’S MOTION FOR PRELIMINARY
) INJUNCTION; PROPOSED ORDER
)
)
)

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Plaintiff California Restaurant Association (“Plaintiff”) and Defendant City of Emeryville

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(“Defendant”) (collectively “the Parties”) hereby stipulate and agree that Plaintiff may file a

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Memorandum of Points and Authorities in Support of Motion for Preliminary Injunction in excess

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of the twenty-five (25) page limitation set forth in Civil Local Rule 7-4(b), but not to exceed forty

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(40) pages in length. Plaintiff and Defendant hereby further stipulate and agree that Defendant

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may file a Memorandum of Points and Authorities in Opposition to Motion for Preliminary

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Injunction in excess of the twenty-five (25) page limitation set forth in Civil Local Rule 7-4(b),

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but not to exceed thirty-five (35) pages in length. This Stipulation is made pursuant to Rules 7-11 and
{2176517.DOC;}

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Stipulation Extending Page Limit for 1) CRA’s MPA in
Support of Preliminary Injunction; and 2) City of
Emeryville’s Opposition; Proposed Order

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7-12 of the United States District Court for the Northern District of California.

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There is good cause for the Stipulation to extend the page limit given that this case

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involves several independent causes of action, each of which involves numerous complex and

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novel legal issues. Each cause of action invokes constitutional challenges, including challenges

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under the First (Free Speech), Fifth (Takings), and Fourteenth (Equal Protection) Amendments

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and Article VI, Clause 2 (Supremacy) of the United States Constitution, along with similar claims

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invoking the California Constitution. Thus, more than 25 pages are needed for the moving and

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opposition papers to fully address each cause of action.

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The parties also hereby stipulate and agree to extend the deadline for Defendant’s
responsive pleading to January 31 pursuant to Local Rule 6-1.
Finally, the parties hereby stipulate and agree to attempt to reserve March 9 as the hearing

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date for Plaintiff’s Preliminary Injunction and for Defendant’s anticipated Motion to Dismiss. The

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parties also stipulate to the following briefing schedule for Plaintiff’s Preliminary Injunction and

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for Defendant’s Motion to Dismiss:

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Opening Briefs:

January 31, 2017

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law corporation

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Opposition Briefs:

February 14, 2017

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Reply Briefs:

February 21, 2017

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IT IS SO STIPULATED.

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Dated: January 10, 2017

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By:

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/s/ Lukas J. Clary
Lukas J. Clary

Attorneys for Plaintiff
California Restaurant Association

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law corporation

Dated: January 10, 2017

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Burke, Williams & Sorensen LLP
By:

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/s/ J. Leah Castella
J. Leah Castella

Attorneys for Defendant
City of Emeryville

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{2176517.DOC;}

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Stipulation Extending Page Limit for 1) CRA’s MPA in
Support of Preliminary Injunction; and 2) City of
Emeryville’s Opposition; Proposed Order

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PROPOSED ORDER
Plaintiff’s Motion for Extra Pages pursuant to the Parties’ Stipulation is granted. Plaintiff
may file a memorandum of points and authorities up to 35 pages in support of its motion for
preliminary injunction. Defendant may file a memorandum of points and authorities up to 35
pages in opposition to Plaintiff’s motion for preliminary injunction.

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Dated: __________________
January 10, 2017

____________________________________
Hon. Jon S. Tigar

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law corporation

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{2176517.DOC;}

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Stipulation Extending Page Limit for 1) CRA’s MPA in
Support of Preliminary Injunction; and 2) City of
Emeryville’s Opposition; Proposed Order