Philip Morris USA Inc. v. City & County of San Francisco et al

Filing 23

ORDER re 22 GRANTING STIPULATION re Application to Continue Hearing Date. Order to Show Cause Hearing set for 11/6/2008 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 VINCE CHHABRIA, State Bar #208557 FRANCESCA GESSNER, State Bar #247553 Deputy City Attorneys City Hall, Room 234 1 Dr. Carlton B. Goodlett Place San Francisco, California 94102 Telephone: [phone] Facsimile: [phone] E-Mail: [e-mail] Attorneys for Defendants CITY AND COUNTY OF SAN FRANCISCO; BOARD OF SUPERVISORS OF THE CITY AND COUNTY OF SAN FRANCISCO; AND GAVIN NEWSOM

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA OAKLAND DIVISION

PHILIP MORRIS USA INC., Plaintiff, vs. CITY AND COUNTY OF SAN FRANCISCO; BOARD OF SUPERVISORS OF THE CITY AND COUNTY OF SAN FRANCISCO; and GAVIN NEWSOM, in his official capacity as MAYOR of the City and County of San Francisco, Defendants.

Case No. C08-4482 CW STIPULATED APPLICATION TO CONTINUE HEARING DATE AND ORDER

STIP. APP. AND PROPOSED ORDER CASE NO. C08-4482 CW

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STIPULATED APPLICATION A hearing is presently set in the above-captioned matter for October 30, 2008 at 2:00 p.m., for defendants City and County of San Francisco, et al. ("City") to show cause why a preliminary injunction should not issue. However, undersigned counsel for the City has a scheduling conflict on that date involving prearranged work-related travel. Accordingly, the parties have stipulated, subject to the Court's approval, to continue the hearing one week to Thursday, November 6, 2008 at 2:00 p.m., and to extend the deadline for plaintiff Philip Morris USA to file its reply brief by one week, to Thursday, October 23, 2008. A proposed order is attached.

Dated: October 10, 2008 By: /s/ VINCE CHHABRIA .

Attorney for Defendants CITY AND COUNTY OF SAN FRANCISCO, ET AL. Dated: October 10, 2008 By: /s/ DANIEL COLLINS Attorney for Plaintiff PHILIP MORRIS USA, INC. ORDER The stipulated application to continue the hearing in the above-captioned matter is GRANTED. The hearing on the order to show cause why a preliminary injunction should not issue shall take place Thursday, November 6, 2008 at 2:00 p.m. in Courtroom 2. Plaintiff's reply brief, if any, must be filed no later than Thursday, October 23, 2008. 10/14/08 Dated: ___________________ __________________ CLAUDIA WILKEN United States District Judge .

STIP. APP. AND PROPOSED ORDER CASE NO. C08-4482 CW

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