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

Filing 37

ORDER re 35 granting as modified Stipulated Application For Order Staying Case Pending Appeal From Orders Denying Preliminary Injunction. Initial Case Management Conference set for 6/9/2009 02:00 PM.. Signed by Judge Claudia Wilken on 12/12/08. (scc, COURT STAFF) (Filed on 12/12/2008)

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

GREGORY P. STONE (SBN 78329) [e-mail] DANIEL P. COLLINS (SBN 139164) [e-mail] MARK R. YOHALEM (SBN 243596) [e-mail] MUNGER, TOLLES & OLSON LLP 355 South Grand Avenue, 35th Floor Los Angeles, CA 90071-1560 Telephone: [phone] Facsimile: [phone] HOJOON HWANG (SBN 184950) [e-mail] JASON RANTANEN (SBN 229404) [e-mail] MUNGER, TOLLES & OLSON LLP 560 Mission Street, 27th Floor San Francisco, CA 94105 Telephone: [phone] Facsimile: [phone] Attorneys for Plaintiff PHILIP MORRIS USA INC. UNITED STATES DISTRICT COURT FOR THE 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. C-08-4482-CW STIPULATED APPLICATION FOR ORDER STAYING CASE PENDING APPEAL FROM ORDERS DENYING PRELIMINARY INJUNCTION; ORDER GRANTING AS MODIFIED

6568195.1

STIPULATION AND [PROPOSED] ORDER STAYING CASE PENDING APPEAL C-08-4482-CW

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
6568195.1

STIPULATION WHEREAS the request for preliminary injunction made by plaintiff Philip Morris USA Inc. ("PM USA") was initially denied by the Court by a "Minute Order" dated November 6, 2008; WHEREAS, on December 5, 2008, the Court entered a further "Order Denying Preliminary Injunction"; WHEREAS, on December 5, 2008, PM USA filed a Notice of Appeal from the orders denying its request for a preliminary injunction; and WHEREAS PM USA and Defendants ("the Parties") wish to avoid the expense and burdens of further litigation pending the disposition of PM USA's appeal, which raises threshold issues whose resolution would materially affect the course of the litigation; The Parties therefore stipulate that the existing schedule for this case should be vacated and all proceedings in the case be stayed pending the disposition of PM USA's appeal, and the Parties hereby jointly apply to the Court for an order to that effect. I, Hojoon Hwang, attest that I have obtained concurrence from Vince Chhabria in the filing of this Stipulated Application For Order Staying Case Pending Appeal From Orders Denying Preliminary Injunction; [Proposed] Order. See N.D. Cal. General Order 45 § 10(B).

DATED: December 10, 2008

MUNGER, TOLLES & OLSON LLP /s/ Hojoon Hwang Hojoon Hwang Attorneys for Plaintiff PHILIP MORRIS USA INC. By:

DATED: December 10, 2008

By:

/s/ Vince Chhabria Vince Chhabria

Attorney for Defendants CITY AND COUNTY OF SAN FRANCISCO, et al.

-1-

STIPULATION AND [PROPOSED] ORDER STAYING CASE PENDING APPEAL C-08-4482-CW

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
6568195.1

ORDER Pursuant to the Parties' stipulation and good cause appearing therefor, IT IS HEREBY ORDERED: All proceedings in this case are hereby stayed and all existing dates vacated, pending the disposition of Plaintiff Philip Morris USA Inc.'s appeal from the November 6, 2008 Minute Order denying Plaintiff's request for a preliminary injunction and from the December 5, 2008 Order Denying Preliminary Injunction. A Case Management Conference is scheduled for June 9, 2009, at 2:00 p.m., which may be continued by stipulation if the appeal is pending. Dated: December 12, 2008 ___________________________________ Hon. Claudia Wilken United States District Judge

-2-

STIPULATION AND [PROPOSED] ORDER STAYING CASE PENDING APPEAL C-08-4482-CW