California-Nevada Annual Conference of the Methodist Church v. City and County of San Francisco

Filing 131

SCHEDULING ORDER re 130 Pretrial Conference Statement, filed by Pacific Polk Properties LLC, City and County of San Francisco, California-Nevada Annual Conference of the Methodist Church. Status Conference set for 1/13/2014 is CONTINUED TO Monday, 3/3/2014 02:00 PM in Courtroom 5, 2nd Floor, Oakland before Hon. Yvonne Gonzalez Rogers. Signed by Judge Yvonne Gonzalez Rogers on 1/8/2014. (fs, COURT STAFF) (Filed on 1/8/2014)

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DENNIS J. HERRERA, State Bar #139669
City Attorney
KRISTEN A. JENSEN, State Bar #130196
THOMAS S. LAKRITZ, State Bar #161234
JAMES M. EMERY, State Bar #153630
Deputy City Attorneys
Fox Plaza, 1390 Market Street, 7th Floor
San Francisco, California 94102
T: [phone]
F: [phone]
[e-mail]
Attorneys for Defendant
CITY AND COUNTY OF SAN FRANCISCO
Gordon W. Egan (111470)
SIGNATURE LAW GROUP LLP
3400 Bradshaw Road, Suite A4-A
Sacramento, CA 95827
T: [phone]
F: [phone]
[e-mail]
ATTORNEYS FOR
CALIFORNIA-NEVADA ANNUAL
CONFERENCE OF THE
UNITED METHODIST CHURCH

B. Douglas Robbins (219413)
Gregory J. Wood (200780)
WOOD ROBBINS LLP
One Post Street, Suite 800
San Francisco, CA 94104
T: [phone]
F: [phone]
[e-mail]
ATTORNEYS FOR INTERVENER
PACIFIC POLK PROPERTIES, LLC

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UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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CALIFORNIA-NEVADA ANNUAL
CONFERENCE OF THE UNITED
METHODIST CHURCH, a California religious
corporation,
Plaintiff,

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Case No. CV 11-02338 YGR (LB)
JOINT STATUS CONFERENCE
STATEMENT AND [PROPOSED]
SCHEDULING ORDER

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Hearing Date:
Time:
Place:

January 13, 2014
2:00 p.m.
Oakland Courthouse
Courtroom 5, 2nd Floor

Trial Date:

PACIFIC POLK PROPERTIES, LLC, a
Delaware limited liability corporation,

TBD

Intervener,
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v.
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CITY AND COUNTY OF SAN FRANCISCO,
a chartered California city and county; and
DOES 1-100, inclusive,

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Defendants.
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JOINT STATUS CONF. STATEMENT
Case No. CV 11-02338 YGR (LB)

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Plaintiff California-Nevada Annual Conference of the United Methodist Church

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(“Conference”), Plaintiff-in-Intervention, Pacific Polk Properties, LLC (“Pacific Polk”), and the City

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and County of San Francisco (the “City”) referred herein collectively as the “Parties” respectfully

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submit this Joint Status Conference Statement and Proposed Scheduling Order pursuant to the Joint

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Stipulation And Order dated December 12, 2013, ECF No. 129, in advance of the case management

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conference set for January 13, 2014 at 2:00 p.m.

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I.

BRIEF PROCEDURAL HISTORY

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The City brought a Rule 12(c) Motion for Judgment on the Pleadings, heard by the Court on

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February 12, 2013. After the Motion was heard, Plaintiffs voluntarily dismissed certain claims with

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prejudice. Pacific Polk dismissed the following claims: (1) First Cause of Action for Violation of

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RLUIPA; (2) the Second Cause of Action for Violation of RLUIPA; (3) the Third Cause of Action for

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Violation of First Amendment to U.S. Constitution; (4) the Fifth Cause of Action for Procedural Due

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Process; and (5) the Sixth Cause of Action for Substantive Due Process. The Conference dismissed the

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following claim: the Second Cause of Action for Violation of RFRA.

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On September 30, 2013, the Court terminated the City’s Rule 12(c) Motion without prejudice.

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A few days later, on October 3, 2013, the San Francisco’s Planning Commission approved the

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Conditional Use authorization for the project that Pacific Polk proposed for 1601 Larkin Street in San

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Francisco. On November 4, 2013, Judy Berkowitz, Hiroshi Fukuda, and Linda Chapman appealed the

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CUP to the San Francisco Board of Supervisors. The appeal was rejected by the Clerk of the Board, on

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November 13, 2013, for failure to meet the statutory requirements. The Zoning Administrator issued a

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written Variance for the project on November 15, 2013. On November 25, 2013, that variance was

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appealed by members of a group calling themselves the Nob Hill Neighbors. The Board of Appeals

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hearing on the variance appeal is set for January 29, 2014, at 5:00 p.m. The City has suspended

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issuance of the variance pending the Board of Appeals’ determination of the variance appeal by the

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Nob Hill Neighbors. Likewise, the City has not issued a site permit for the project or a demolition

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permit, while the variance appeal remains pending.

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Discovery here has been stayed during the entire pendency of the action. Discovery is currently
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JOINT STATUS CONF. STATEMENT
Case No. CV 11-02338 YGR (LB)

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still stayed.

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II.

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SETTLEMENT
With the aid of Magistrate Judge Laurel Beeler, the Parties have been actively involved in the

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settlement process. The Parties continue to be interested in pursuing settlement options in order to

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avoid further litigation. From Plaintiffs’ perspective no resolution is possible unless and until a

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demolition permit issues and the Church Structure has been leveled. From the City’s perspective, the

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City’s issuance of the Conditional Use authorization moots all injunctive aspects of this action. If

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plaintiffs intend to pursue claims for attorneys fees and damages, then the City believes it will be

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necessary for the Court to restore the City’s 12(c) motion to the calendar. In the interim the Parties

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intend to continue working with Judge Beeler to resolve all remaining aspects of this action.

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III.

PRETRIAL SCHEDULE

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In view of the scheduled January 29, 2014 hearing on the Nob Hill Neighbors’ variance appeal,

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the parties jointly request that the Court reset the case management conference in this case to February

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24, 2014, or the next date thereafter convenient to the Court. Such a continuance will give the parties

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an opportunity to consult after the Board of Appeal decides the pending variance appeal and to report

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the settlement status.

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SIGNATURE ATTESTATION

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(N.D. Cal. General Order 45, Section X.B.)

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Concurrence in the filing of this document has been obtained from each other signatory, or
from the single signatory, in compliance with General Order 45, Section X.B.
Dated: January 7, 2014
DENNIS J. HERRERA, City Attorney
KRISTEN A. JENSEN
THOMAS S. LAKRITZ
JAMES M. EMERY
Deputy City Attorneys
By:
/s/
James M. Emery
Attorneys for Defendant
CITY AND COUNTY OF SAN FRANCISCO
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JOINT STATUS CONF. STATEMENT
Case No. CV 11-02338 YGR (LB)

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Dated: January 7, 2014

By:
/s/
Gordon Egan
Attorneys for Plaintiff
CALIFORNIA NEVADA ANNUAL CONFERENCE
OF THE UNITED METHODIST CHURCH

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SIGNATURE LAW GROUP

Dated: January 7, 2014

WOOD ROBBINS LLP
By:
/s/
B. Douglas Robbins
Attorneys for Plaintiff-in-Intervention
PACIFIC POLK PROPERTIES LLC

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ORDER

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After considering the stipulation of the parties, and good cause appearing, IT IS HEREBY

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ORDERED AS FOLLOWS: The Status Conference Hearing set for January 13, 2014 at 2:00 p.m. is

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continued to March 3, 2014 at 2:00 p.m., in Courtroom Five of the Oakland Federal Building. The

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parties shall submit a Joint Status Conference Statement and Proposed Scheduling Order by February

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24, 2014. This Order terminates Docket No. 130.

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IT IS SO ORDERED.
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Dated: January 8, 2014
_______________________________
YVONNE GONZALEZ ROGERS
UNITED STATES DISTRICT COURT JUDGE

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JOINT STATUS CONF. STATEMENT
Case No. CV 11-02338 YGR (LB)