Pizzo v. Newsom et al

Filing 25

ORDER re 24 Granting Stipulation of the Parties to Set Aside Order of July 14, 2010 for Failure to Appear and to Reset the Case Back on the Case Management Conference Calendar. Case Management Conference set for 10/5/2010 02:00 PM. Signed by Judge Claudia Wilken on 7/22/2010. (ndr, COURT STAFF) (Filed on 7/22/2010)

Pizzo v. Newsom et al

Doc. 25

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THE LAW OFFICES OF GARY W. GORSKI Gary W. Gorski - SBN: 166526 1207 Front St., Suite 15 Sacramento, CA 95814 Tel. [phone] Fax [phone] [e-mail] Co-Counsel THE LAW OFFICE OF DANIEL M. KARALASH Daniel M. Karalash - SBN: 176422 Tel. [phone] Fax [phone] LAW OFFICE OF DUSTIN MACFARLANE Dustin MacFarlane - SBN: 262162 [e-mail] LAW OFFICE OF BRIAN KENNEDY Brian Kennedy - SBN: 247961 [e-mail] Attorneys for Plaintiff THE UNITED STATES DISTRICT COURT IN AND FOR THE NORTHERN DISTRICT OF CALIFORNIA ) ) ) Plaintiff, ) ) vs. ) CITY AND COUNTY OF SAN FRANCISCO ) ) MAYOR GAVIN NEWSOM, in both his ) individual and official capacities; FORMER SAN FRANCISCO POLICE DEPARTMENT; ) CHIEF OF POLICE HEATHER FONG, in both ) ) her individual and official capacities; SAN FRANCISCO POLICE DEPARTMENT CHIEF ) OF POLICE GEORGE GASCON, in his official ) ) capacity; SAN FRANCISCO SHERIFF ) MICHAEL HENNESSEY, in both his individual and official capacities; CITY AND ) COUNTY OF SAN FRANCISCO; and STATE ) OF CALIFORNIA ATTORNEY GENERAL ) EDMUND G. BROWN, in his official capacity, ) ) ) Defendants. ) THERESE MARIE PIZZO, Case No. 09-cv-04493-CW

AMENDED STIPULATION OF THE PARTIES TO SET ASIDE ORDER OF JULY 14, 2010 FOR FAILURE TO APPEAR AND TO RESET THE CASE BACK ON THE CASE MANAGEMENT CONFERENCE CALENDER

Plaintiff THERESE MARIE PIZZO by and through her attorneys of record, Defendants
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CITY AND COUNTY OF SAN FRANCISCO and its named officials and Defendant STATE OF -1_____________________________________________________________________________________________________________

Stipulation of the Parties to Set Aside Order of July 14, 2010

Dockets.Justia.com

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CALIFORNIA ATTORNEY GENERAL EDMUND G. BROWN, in his official capacity, by and through their respective attorneys of record hereby stipulate to the following recitals and proposed order: WHEREAS each of the attorneys for the parties independently failed to notice the Court's addition in the footer area of Docket entry Number 16, 04/05/10, Stipulation of the Parties to Continue the Case Management Conference, that reset the Case Management Conference for 7/13/2010 at 2:00 p.m., and WHEREAS the Docket entry for 04/05/2010 stated, "Deadlines terminated. 6 Case Management Scheduling Order," which implied that there were no longer any hearings on calendar, and WHEREAS the parties apologize for any inconvenience they may have caused the Court by inadvertently failing to attend the July 13, 2010 Case Management Conference, and WHEREAS the parties agree that this case should remain stayed in the aftermath of McDonald v. Chicago, 561 U.S. ___ (2010) and District of Columbia v. Heller, 554 U.S. __, 128 S.Ct. 2783, 171 L.Ed.2d 637 (2008). There are several cases pending in the U.S. Court of Appeals for the Ninth Circuit that may address issues left open by McDonald regarding the standard of review for claims under the Second Amendment, Nordyke v. King Case No. 07-15763, Rothery v. Blanas, Case No. 09-16852 and Mehl v. Blanas, Case No. 08-15773 and the viability of California's Carry Concealed Weapons permits (CCW) under a appropriate standard of review (Mehl). Both Mehl and Nordyke have been fully briefed and argued. Decisions in these matters were stayed pending the ruling in McDonald. The opening brief was filed in Rothery, and the Ninth Circuit put the opposition on hold until the McDonald decision came out. Resolution of these issues by the Ninth Circuit could have a direct bearing on the disposition of this case, and WHEREAS there is currently an earlier-filed case before Judge Seeborg, Jackson v. City and County of San Francisco, No. C09-2143 RS, and though the Attorney General is not a party to that case, both the City and County of San Francisco and Plaintiff represent that Jackson raises the same claims against the same San Francisco ordinances as Plaintiff raises here, and WHEREAS both the City and County of San Francisco and Plaintiff hope to prevent -2_____________________________________________________________________________________________________________

Stipulation of the Parties to Set Aside Order of July 14, 2010

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duplicate proceedings on the same legal issue that could result in conflicting opinions issues by moving to consolidate this case with Jackson, and WHEREAS the parties agree that it would also be in the interest of judicial economy to have the case stayed until the U.S. Court of Appeals for the Ninth Circuit renders final decisions in Nordyke v. King and Mehl v. Blanas, and Judge Seeborg decides whether to consolidate this case with Jackson, THE PARTIES HEREBY STIPULATE TO THE FOLLOWING ORDER: The Order dated July 14, 2010 dismissing the case for failure to prosecute is hereby set aside. Plaintiff's counsel is directed to notify the Court in writing when the U.S. Court of Appeals for the Ninth Circuit renders final decisions in Nordyke v. King and Mehl v. Blanas including copies of the opinions. Counsel for Defendant City and County of San Francisco shall likewise notify the Court in writing on the disposition of the motion to consolidate. After receipt of these notifications, the Court will issue an order setting a case management conference. IT IS SO STIPULATED THIS THURSDAY, JULY 15, 2010, /S/ Gary W. Gorski Gary W. Gorski 1207 Front St., Suite 15 Sacramento, CA 95814 Tel. [phone] Fax [phone] Attorney for Plaintiff /S/ Geoffrey L. Graybill Geoffrey L. Graybill Deputy Attorney General Government Law Section 1300 I Street Sacramento, CA 95814 Telephone: [phone] Fax: [phone] Cell: 916-296-2472 Attorney for Defendant STATE OF CALIFORNIA ATTORNEY GENERAL EDMUND G. BROWN, in his official capacity /S/ Sherri Sokeland Kaiser Sherri Sokeland Kaiser Deputy City Attorney City Hall, Room 234 1 Dr. Carlton B. Goodlett Place San Francisco, CA 94102-4682 [phone] (direct) -3_____________________________________________________________________________________________________________

Stipulation of the Parties to Set Aside Order of July 14, 2010

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[phone] (fax) Attorney for Defendants CITY AND COUNTY OF SAN FRANCISCO MAYOR GAVIN NEWSOM, in both his individual and official capacities; FORMER SAN FRANCISCO POLICE DEPARTMENT; CHIEF OF POLICE HEATHER FONG, in both her individual and official capacities; SAN FRANCISCO POLICE DEPARTMENT CHIEF OF POLICE GEORGE GASCON, in his official capacity; SAN FRANCISCO SHERIFF MICHAEL HENNESSEY, in both his individual and official capacities; CITY AND COUNTY OF SAN FRANCISCO. IT IS SO ORDERED, October 5, 2010 at 2 p.m. Dated: 7/22/2010 Judge Claudia Wilken U.S. District Court Judge except that a Further Case Management Conference is set for

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Stipulation of the Parties to Set Aside Order of July 14, 2010