Crown Castle NG West LLC v. City of Piedmont et al

Filing 37

STIPULATION AND ORDER re 36 to Continue Responsive Pleading Deadline and Case Management Conference filed by City of Piedmont Case Management Statement due by 5/17/2018. Initial Case Management Conference reset for 5/24/2018 09:30 AM in San Francisco, Courtroom 05, 17th Floor. Signed by Judge Edward M. Chen on 4/5/18. (bpf, COURT STAFF) (Filed on 4/5/2018)

Case 3:17-cv-06595-EMC Document 36 Filed 04/03/18 Page 1 of 3

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MICHELLE MARCHETTA KENYON, Bar No.127969
DYLAN CROSBY, Bar No. 299536
BURKE, WILLIAMS & SORENSEN, LLP
1901 Harrison Street, Suite 900
Oakland, CA 94612
Telephone: [phone]
Facsimile: [phone]
HARRIET A. STEINER, Bar No. 109436
[e-mail]
DANA M. HOWARD, Bar No. 280798
[e-mail]
BEST BEST & KRIEGER LLP
500 Capitol Mall, Suite 1700
Sacramento, California 95814
Telephone: [phone]
Fax: [phone]
Attorneys for Respondents/Defendants
CITY OF PIEDMONT and
CITY COUNCIL OF THE CITY OF PIEDMONT

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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CROWN CASTLE NG WEST LLC, a
Delaware limited liability company,

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Petitioner/Plaintiff,

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STIPULATION TO CONTINUE
RESPONSIVE PLEADING DEADLINE
AND CASE MANAGEMENT
CONFERENCE

v.

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Case No. 3:17-CV-06595 EMC

CITY OF PIEDMONT, a California
municipality; CITY COUNCIL OF THE
CITY OF PIEDMONT, its governing body;
AND DOES 1-10,

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Respondents/Defendants.

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83050.00002\30684283.1

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STIPULATION TO CONTINUE RESPONSIVE
PLEADING DEADLINE/CMC
CASE NO. 3:17-CV-06595 EMC

Case 3:17-cv-06595-EMC Document 36 Filed 04/03/18 Page 2 of 3

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STIPULATION

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This Stipulation is entered into by and between Plaintiff CROWN CASTLE NG WEST

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LLC (“Plaintiff”), by and through its attorneys, Newmeyer & Dillon LLP, and Defendants CITY

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OF PIEDMONT and CITY COUNCIL OF THE CITY OF PIEDMONT (together, the “City”), by

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and through its attorneys, Best Best & Krieger LLP:

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Whereas, on December 8, 2018, the parties filed an initial stipulation whereby they agreed
to an extension of time for the City to respond to Plaintiff’s Complaint, to January 8, 2018;

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LAW OFFICES OF
BEST BEST & KRIEGER LLP
500 CAPITOL MALL, SUITE 1700
SACRAMENTO, CA 95814

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Whereas, on January 22, 2018, pursuant to a stipulation of the parties, the Court referred
this matter to mediation, to be held no later than March 9, 2018, and extended the time for the
City to file a responsive pleading to March 9, 2018;

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Whereas, on February 5, 2018, the parties participated in a telephone conference with the

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assigned mediator, Margaret Corrigan, at which time all parties agreed to a mediation date of

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March 23, 2018;

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Whereas, on March 7, 2018, pursuant to a stipulation of the parties, the Court extended the

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time for the City to file a responsive pleading to March 30, 2018 and set a case management

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conference for April 19, 2018;

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Whereas, on March 21, 2018, pursuant to a stipulation of the parties, the Court continued
the mediation completion date to April 12, 2018;

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Whereas, on March 23, 2018, a mediation session between the parties was conducted, but

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was not completed; the parties tentatively agreed to a further telephonic conference to continue

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settlement discussions on April 6, 2018 at 2:00 p.m., with a further in-person mediation session to

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be held thereafter pending the availability of the mediator and all parties;

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Whereas, in anticipation of further mediation and in order to conserve both the Court’s

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and both parties’ resources, the parties agree to continue the case management conference

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currently scheduled for April 19, 2018 to May 17, 2018 or after, pending the availability of the

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Court;

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Whereas, pursuant to Local Rule 6-1(a), the parties agree to further extend the time in
which the City has to respond to Plaintiff’s Complaint herein by thirty (30) days, such that the
83050.00002\30684283.1

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STIPULATION TO CONTINUE RESPONSIVE
PLEADING DEADLINE/CMC
CASE NO. 3:17-CV-6595 EMC

Case 3:17-cv-06595-EMC Document 36 Filed 04/03/18 Page 3 of 3

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City’s response to the Complaint will be due on or before April 30, 2018. As discussed above,

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the parties previously stipulated to an initial 30-day extension, and two additional extensions of

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60 and 21 days, respectively, to allow the parties to conduct mediation.

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THEREFORE, IT IS HEREBY STIPULATED AND AGREED, subject to the approval
of the Court:
The case management conference currently scheduled for April 19, 2018 at 9:30 a.m. shall
be continued to May 17, 2018 or after, pending the availability of the Court; and

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Pursuant to Local Rule 6-1(a), the City has an additional thirty (30) days to respond to

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Plaintiff’s Complaint herein, such that the City’s response to the Complaint will be due on or

LAW OFFICES OF
BEST BEST & KRIEGER LLP
500 CAPITOL MALL, SUITE 1700
SACRAMENTO, CA 95814

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before April 30, 2018.

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Dated: April 3, 2018

NEWMEYER & DILLON LLP

Dated: April 3, 2018

By: /s/ Michael W. Shonafelt
MICHAEL W. SHONAFELT
Attorneys for Petitioner/Plaintiff
CROWN CASTLE NG WEST LLC
BEST BEST & KRIEGER LLP

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By: /s/ Harriet A. Steiner
HARRIET A. STEINER
DANA M. HOWARD
Attorneys for Respondents/Defendants
CITY OF PIEDMONT and CITY
COUNCIL OF THE CITY OF
PIEDMONT

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83050.00002\30684283.1

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STIPULATION TO CONTINUE RESPONSIVE
PLEADING DEADLINE/CMC
CASE NO. 4:17-C 4:17-CV-6595 EMC

Case 3:17-cv-06595-EMC Document 36-1 Filed 04/03/18 Page 1 of 2

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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CROWN CASTLE NG WEST LLC, a
Delaware limited liability company,

Case No. 3:17-CV-06595 EMC
[PROPOSED] ORDER RE
CONTINUANCE OF RESPONSIVE
PLEADING DEADLINE AND CASE
MANAGEMENT CONFERENCE

Petitioner/Plaintiff,
v.

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CITY OF PIEDMONT, a California
municipality; CITY COUNCIL OF THE
CITY OF PIEDMONT, its governing body;
AND DOES 1-10,

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Respondents/Defendants.

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83050.00002\30685415.1

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[PROPOSED] ORDER
CASE NO. 3:17-CV-06595 EMC

Case 3:17-cv-06595-EMC Document 36-1 Filed 04/03/18 Page 2 of 2

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[PROPOSED] ORDER
Pursuant to the parties’ stipulation and good cause appearing therefor, IT IS HEREBY
ORDERED as follows:
The case management conference currently scheduled for April 19, 2018 at 9:30 a.m. shall
May 24, 2018 at 9:30 a.m.

be continued to _____________________________; and

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Pursuant to Local Rule 6-1(a), the City has an additional thirty (30) days to respond to

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Plaintiff’s Complaint herein, such that the City’s response to the Complaint will be due on or

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before April 30, 2018.

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S
UNIT
ED

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R NIA

DERED
SO OR ED
IT IS
EDWARD M.ODIFI
CHEN
AS M

United States District Judge
. Chen
dward M
Judge E

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ER

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LAW OFFICES OF
BEST BEST & KRIEGER LLP
500 CAPITOL MALL, SUITE 1700
SACRAMENTO, CA 95814

4/5

Dated: _____________, 2018

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S DISTRICT
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83050.00002\30685415.1

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[PROPOSED] ORDER
CASE NO. 3:17-CV-06595 EMC