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

Filing 62

ORDER re (50 in 4:08-cv-03685-CW) (61 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. Motion Hearing set for 10/30/2008 02:00 PM.. Signed by Judge CLAUDIA WILKEN on 10/14/08. (scc, COURT STAFF) (Filed on 10/14/2008)

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

October 16, 2008 2:00 p.m. Ctrm 2, 4th Floor

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

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STIPULATION WHEREAS the hearing on Plaintiff California Restaurant Association's ("CRA") Motions for Declaratory Relief and a Preliminary Injunction ("Motions") in each of the related actions is currently scheduled for October 16, 2008; 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, on September 30, 2008, the Governor of the State of California signed into law Senate Bill 1420; WHEREAS, in light of these circumstances, Plaintiff CRA and Defendants City and County of San Francisco and County of Santa Clara ("Defendants") agree that the hearing on October 16, 2008 should be continued to allow the parties an opportunity to come to agreement concerning the effect of the new legislation on Plaintiff's motion for preliminary injunction; and 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 January 1, 2009; 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 30, 2008 at 2:00 p.m.. The hearing presently scheduled for October 16, 2008 at 2:00 p.m. shall be vacated. If the Parties cannot reach a stipulation to resolve this case before October 21, 2008 and do not file such a stipulation by that date, Plaintiff will file its brief concerning the effect of the new legislation on Plaintiff's motion for preliminary injunction by October 24, 2008 and Defendants will file their responsive briefs by October 27, 2008. // // // //
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 January 1, 2009. Dated: October 10, 2008 DENNIS J. HERRERA City Attorney WAYNE SNODGRASS FRANCESCA GESSNER TARA M. STEELEY Deputy City Attorneys By: /s/ Francesca Gessner FRANCESCA GESSNER Attorneys for Defendant CITY AND COUNTY OF SAN FRANCISCO ANN MILLER RAVEL County Counsel TAMARA LANGE MIGUEL MARQUEZ By: /s/ Miguel Marquez _ _____ MIGUEL MARQUEZ Attorneys for Defendant COUNTY OF SANTA CLARA ARNOLD & PORTER LLP By: /s/ Trenton H. Norris TRENTON H. NORRIS Attorneys for Plaintiff CALIFORNIA RESTAURANT ASSOCIATION

PURSUANT TO STIPULATION, IT IS SO ORDERED: 10/14/08 _______________________________ The Honorable Claudia Wilken

I hereby attest that I have on file all holograph signatures for any signatures indicated by a "conformed" signature (/S/) within this efiled document. 3

STIPULATION VACATING HEARING CASE NO. C08-3247 CW