California Grocers Association v. City Of Oakland

Filing 16

ORDER granting 15 STIPULATION Continuing 14 Motion to Dismiss Hearing Date. Motion Hearing reset for 6/23/2021 02:00 PM in San Francisco, Courtroom 02, 17th Floor before Judge William H. Orrick. Signed by Judge William H. Orrick on 04/26/2021. (jmdS, COURT STAFF) (Filed on 4/26/2021)

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WILLIAM F. TARANTINO (SBN 215343)
[e-mail]
KWAN PARK (SBN 306719)
[e-mail]
ROBERT SANDOVAL (SBN 311032)
[e-mail]
MORRISON & FOERSTER LLP
425 Market Street
San Francisco, California 94105-2482
Telephone: [phone]
Facsimile: 415.268.7522
TRITIA M. MURATA (SBN 234344)
[e-mail]
MORRISON & FOERSTER LLP
707 Wilshire Boulevard, Suite 6000
Los Angeles, California 90017-3543
Telephone: [phone]
Facsimile: 213.892.5454

BARBARA J. PARKER, SBN 069722
City Attorney
MARIA BEE, SBN 167716
Chief Assistant City Attorney
SELIA M. WARREN, SBN 233877
Deputy City Attorney
RAJIV R. NARAYAN, SBN 334511
Attorney
One Frank H. Ogawa Plaza, 6th Floor
Oakland, California 94612
Telephone: [phone]
Fax: [phone]
Email: [e-mail]
X05239
Attorneys for Defendant,
CITY OF OAKLAND

Attorneys for Plaintiff
CALIFORNIA GROCERS ASSOCIATION

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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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CALIFORNIA GROCERS ASSOCIATION, a
California non-profit organization

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Plaintiff,
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Case No.

3:21-cv-00863-WHO

STIPULATION AND ORDER
CONTINUING MOTION TO
DISMISS HEARING DATE

v.
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CITY OF OAKLAND, a charter municipality

Judge: Hon. William H. Orrick
Dept.: Courtroom 2, 17th Floor

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Defendant.
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STIPULATION AND [PROPOSED] ORDER CONTINUING MOTION TO DISMISS HEARING DATE
3:21-cv-00863-WHO
sf-4474410

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Pursuant to Rule 6-2 of the Local Rules of the United States District Court for the

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Northern District of California, Plaintiff California Grocers Association and Defendant City of

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Oakland, by and through their undersigned counsel, stipulate as follows:

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WHEREAS, Plaintiff filed the Complaint on February 3, 2021 (ECF No. 1) challenging

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Ordinance 13639 C.M.S., an emergency ordinance that requires large grocery stores in Oakland

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to pay employees an additional $5.00 per hour in hazard pay during COVID-19;

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WHEREAS, Defendant filed a motion to dismiss Plaintiff’s Complaint on April 5, 2021
with a noticed hearing date of Wednesday May 12, 2021 at 2:00 pm. (ECF No. 14);
WHEREAS, Plaintiff’s response was due April 19, 2021;
WHEREAS, Alameda County has been in the Orange tier or at a moderate risk level for

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the spread of COVID-19 since at least March 30, 2021, according to the California Department of

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Public Health’s Blueprint for a Safer Economy;

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WHEREAS, the Governor has announced a plan to fully reopen the state on June 15,

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2021, and abandon the tier system, provided enough vaccine supply exists for Californians 16

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years and older to be vaccinated and hospitalization rates remain stable and low;

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WHEREAS, Defendant’s Ordinance 13639 C.M.S. will no longer be in effect upon

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Alameda County’s entry into the Yellow tier or abandonment of the tier system, both of which

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should signify a reduction of the risk of COVID-19 transmission to minimal;

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WHEREAS, the Parties have conferred regarding continuing the hearing date for

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Defendant’s motion to dismiss in anticipation of Plaintiff either dismissing the suit if the

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Ordinance is no longer in effect or filing an amended complaint in the event that the Ordinance

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remains in effect after June 15, 2021; and

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WHEREAS, this extension is the first such extension requested in this case relating to
Defendant’s motion to dismiss.

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THEREFORE, IT IS HEREBY AGREED AND STIPULATED THAT:

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1.

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The hearing date for Defendant’s motion to dismiss is continued to June 23, 2021

at 2:00 p.m. or at a date and time thereafter that is convenient to the Court;
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Plaintiff shall file an amended complaint no later than June 16, 2021.

STIPULATION AND [PROPOSED] ORDER CONTINUING MOTION TO DISMISS HEARING DATE
3:21-cv-00863-WHO
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Dated:

April 23, 2021
WILLIAM F. TARANTINO
KWAN PARK
ROBERT SANTOS SANDOVAL
MORRISON & FOERSTER LLP

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By:

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Attorneys for Plaintiff
CALIFORNIA GROCERS
ASSOCIATION

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/s/ William F. Tarantino
WILLIAM F. TARANTINO

Dated:

April 23, 2021
BARBARA J. PARKER, CITY ATTORNEY

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By:

/s/ Selia M. Warren
SELIA M. WARREN
Attorneys for Defendant
CITY OF OAKLAND

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STIPULATION AND [PROPOSED] ORDER CONTINUING MOTION TO DISMISS HEARING DATE
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ORDER

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PURSUANT TO STIPULATION, IT IS SO ORDERED.

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Dated: April 26, 2021

________________________________
Honorable William H. Orrick
UNITED STATES DISTRICT COURT JUDGE

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STIPULATION AND [PROPOSED] ORDER CONTINUING MOTION TO DISMISS HEARING DATE
3:21-cv-00863-WHO
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ECF ATTESTATION

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I, William F. Tarantino, am the ECF User whose ID and password are being used to file
this document. In compliance with Civil Local Rule 5-1(i)(3), I hereby attest that Selia M. Warren
has concurred in this filing.

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Dated: April 22, 2021

/s/ William F. Tarantino
William F. Tarantino

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Attorneys for Plaintiff
CALIFORNIA GROCERS ASSOCIATION

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STIPULATION AND [PROPOSED] ORDER CONTINUING MOTION TO DISMISS HEARING DATE
3:21-cv-00863-WHO
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