California Restaurant Association v. City of Emeryville

Filing 23

STIPULATION AND ORDER re 22 STIPULATION WITH PROPOSED ORDER filed by California Restaurant Association. Signed by Judge Jon S. Tigar on February 10, 2017. (wsn, COURT STAFF) (Filed on 2/10/2017)

1
2
3
4
5
6
7

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

8
9

UNITED STATES DISTRICT COURT

10

NORTHERN DISTRICT OF CALIFORNIA

12
13
14
15
16
law corporation

weintraub tobin chediak coleman grodin

11

17
18
19

CALIFORNIA RESTAURANT
) Case No. 3:16-cv-06660-JST
ASSOCIATION, a California nonprofit mutual )
benefit corporation,
) STIPULATION TO CHANGE HEARING
) DATE ON CALIFORNIA RESTAURANT
Plaintiff,
) ASSOCIATON’S MOTION FOR
)
v.
) PRELIMINARY INJUNCTION and CITY
) OF EMERYVILLE’S MOTION TO
CITY OF EMERYVILLE, a California
) DISMISS; PROPOSED ORDER
municipal corporation,
)
)
Defendant.
)
)
)

20

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

21

(“the City”) and Unite Here Local 2850 (“Local 2850”) (collectively, “the Parties”) hereby

22

stipulate and agree that the hearing date currently set for March 9, 2017 at 2:00 p.m., in

23

Courtroom 9 to hear CRA’s Motion for Preliminary Injunction and the City’s Motion to Dismiss

24

(collectively, “the Motions”) be moved to March 23, 2017. This stipulation is made pursuant to

25

Rules 6-1, 6-2, and 7-12 of the United States District Court for the Northern District of California.

26
27

The Parties also hereby stipulate to the following briefing schedule for the respective
opposition and reply briefs for the Motions:

28

Opposition Briefs: February 21, 2017

{2192470.DOC;}

1

Stipulation to Change Hearing Date; Proposed Order

1

Reply Briefs: February 28, 2017

2

There have been two previous time modifications in this case. First, on December 28,

3

2016, the Parties agreed by stipulation (Dkt. No. 11) that the City’s responsive pleading deadline

4

would be extended from January 4, 2017 to January 18, 2017. Second, on January 10, 2017, the

5

Court entered an Order (Dkt. No. 13) granting the Parties’ stipulation to extend the City’s

6

responsive pleading deadline to January 31, 2017, reserve a March 9, 2017 hearing date on the

7

Motions, and set a corresponding briefing schedule.
Subsequent to the prior stipulation setting a March 9, 2017 hearing date, CRA’s counsel

9

has received notice to appear for a hearing in another matter and is no longer available on

10

March 9. The City’s counsel in turn is scheduled to be in trial during the week of March 16, 2017.

11

Accordingly, March 23, 2017 is the next available date on the Court’s motion calendar that

12

counsel for all parties are available.

13

Continuing the hearing on the Motions will have no significant impact on the schedule for

14

this case as the case is not yet at issue and no trial date has been scheduled.

15

IT IS SO STIPULATED.

16
law corporation

weintraub tobin chediak coleman grodin

8

Dated: February 9, 2017

17

By:

18
19

/s/ Lukas J. Clary
Lukas J. Clary

Attorneys for Plaintiff
California Restaurant Association

20
21

weintraub tobin chediak coleman grodin
law corporation

Dated: February 9, 2017

22

Burke, Williams & Sorensen LLP
By:

23

/s/ J. Leah Castella
J. Leah Castella

Attorneys for Defendant
City of Emeryville

24
25
26

Dated: February 9, 2017

McCracken, Stemerman & Holsberry, LLP
By:

27
28

/s/ Paul L. More
Paul L. More

Attorneys for Intervenor
UNITE HERE Local 2850`
{2192470.DOC;}

2

Stipulation to Change Hearing Date; Proposed Order

1
2

PROPOSED ORDER
PURSUANT TO STIPULATION, IT IS SO ORDERED.

3
4

February 10, 2017
Dated: __________________

____________________________________
Hon. Jon S. Tigar

5
6
7
8
9
10

12
13
14
15
16
law corporation

weintraub tobin chediak coleman grodin

11

17
18
19
20
21
22
23
24
25
26
27
28

{2192470.DOC;}

3

Stipulation to Change Hearing Date; Proposed Order