California Restaurant Association v. The City and County of San Francisco et al

Filing 57

ORDER re (56 in 4:08-cv-03247-CW) granting STIPULATION VACATING AND RESCHEDULING HEARING ON PLAINTIFF'S MOTIONS FOR DECLARATORY RELIEF AND PRELIMINARY INJUNCTION AND EXTENDING STAY OF ENFORCEMENT OF ORDINANCES, (45 in 4:08-cv-03685-CW) granting STIPULATION VACATING AND RESCHEDULING HEARING ON PLAINTIFF'S MOTIONS FOR DECLARATORY RELIEF AND PRELIMINARY INJUNCTION AND EXTENDING STAY OF ENFORCEMENT OF ORDINANCES Motion Hearing set for 10/16/2008 02:00 PM.. Signed by Judge Claudia Wilken on 9/5/08. (scc, COURT STAFF) (Filed on 9/5/2008)

DENNIS J. HERRERA, State Bar #139669 City Attorney WAYNE SNODGRASS, State Bar #148137 FRANCESCA GESSNER, State Bar #247553 TARA M. STEELEY, State Bar #231775 Deputy City Attorneys 1 Dr. Carlton B. Goodlett Place City Hall, Room 234 San Francisco, California 94102-4682 Telephone: [phone] Facsimile: [phone] E-Mail: [e-mail] Attorneys for Defendant CITY AND COUNTY OF SAN FRANCISCO UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA OAKLAND DIVISION CALIFORNIA RESTAURANT ASSOCIATION, Plaintiff, vs. THE CITY AND COUNTY OF SAN FRANCISCO AND THE SAN FRANCISCO DEPARTMENT OF PUBLIC HEALTH, Defendants. Case No. C08-3247 CW ORDER GRANTING STIPULATION VACATING AND RESCHEDULING HEARING ON PLAINTIFF'S MOTIONS FOR DECLARATORY RELIEF AND PRELIMINARY INJUNCTION AND EXTENDING STAY OF ENFORCEMENT OF ORDINANCES (Civil Local Rule 7-12) Honorable Claudia Wilken Hearing Date: Time: Place: CALIFORNIA RESTAURANT ASSOCIATION, Plaintiff, vs. THE COUNTY OF SANTA CLARA AND THE SANTA CLARA COUNTY PUBLIC HEALTH DEPARTMENT, Defendants.
STIPULATION VACATING HEARING CASE NO. C08-3247 CW

September 11, 2008 2:00 p.m. Ctrm 2, 4th Floor

Case No. C08-3685 CW (Related with above case)

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STIPULATION WHEREAS, on August 26, 2008, the Court ordered that the hearing on Plaintiff California Restaurant Association ("CRA")'s Motions for Declaratory Relief and a Preliminary Injunction ("Motions") in each of the related actions that was scheduled for August 28, 2008 be vacated and rescheduled for September 11, 2008 at 2:00 p.m.; WHEREAS, on August 31, 2008, the California Legislature passed Senate Bill 1420, a bill that would require menu labeling state-wide and that contains a preemption clause; WHEREAS, Senate Bill 1420 is now pending before the Governor and the Governor has until September 30, 2008 to sign or veto the bill; WHEREAS, if the Governor takes no action on Senate Bill 1420 by September 30, 2008, the bill will automatically become law; WHEREAS, in light of these circumstances, Plaintiff CRA and Defendants City and County of San Francisco and County of Santa Clara ("Defendants") agree that a hearing on September 11, 2008 would be premature and an inefficient use of judicial resources, and that the hearing should be rescheduled for a date after September 30, 2008 in order to ascertain whether Senate Bill 1420 becomes law; WHEREAS, in order to allow for a later hearing date, Defendants are willing to further postpone enforcement of their ordinances (i.e., no fines or penalties will be imposed), until November 24, 2008; and WHEREAS, in light of the holidays of Rosh Hashanah and Yom Kippur, counsel for Plaintiff CRA have scheduling issues with the Court's regularly scheduled hearing dates of October 2 and October 9; IT IS HEREBY STIPULATED AND AGREED, by and among Plaintiff and Defendants, subject to approval of the Court, that: 1. The hearing on Plaintiff's Motions in the related actions shall take place on October 16, 2008 at 2:00 p.m.. The hearing presently scheduled for September 11, 2008 at 2:00 p.m. shall be vacated.
STIPULATION VACATING HEARING CASE NO. C08-3247 CW

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2. Enforcement of fines and penalties under both the San Francisco and Santa Clara ordinances shall be stayed until November 24, 2008, without prejudice as to Plaintiff's right to seek a further stay and Defendants' right to oppose any further stay.

Dated: September 3, 2008 DENNIS J. HERRERA City Attorney WAYNE SNODGRASS FRANCESCA GESSNER TARA M. STEELEY Deputy City Attorneys By: /s/ FRANCESCA GESSNER Attorneys for Defendant CITY AND COUNTY OF SAN FRANCISCO ANN MILLER RAVEL County Counsel TAMARA LANGE MIGUEL MARQUEZ By: _______/s/_________________ MIGUEL MARQUEZ Attorneys for Defendant COUNTY OF SANTA CLARA ARNOLD & PORTER LLP By: /s/ TRENTON NORRIS Attorneys for Plaintiff CALIFORNIA RESTAURANT ASSOCIATION

PURSUANT TO STIPULATION, IT IS SO ORDERED: Dated: 9/5/08 _______________________________ The Honorable Claudia Wilken

STIPULATION VACATING HEARING CASE NO. C08-3247 CW

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