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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1 2 3 4 5 6 7 8 9 10 11 12 13 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: (415) 554-3963 F: (415) 554-3985 jim.emery@sfgov.org 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: (916) 362-2660 F: (916) 880-5255 gegan@signaturelawgroup.com 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: (415) 247-7900 F: (415) 247-7901 drobbins@woodrobbins.com ATTORNEYS FOR INTERVENER PACIFIC POLK PROPERTIES, LLC 14 UNITED STATES DISTRICT COURT 15 FOR THE NORTHERN DISTRICT OF CALIFORNIA 16 17 18 CALIFORNIA-NEVADA ANNUAL CONFERENCE OF THE UNITED METHODIST CHURCH, a California religious corporation, Plaintiff, 19 20 Case No. CV 11-02338 YGR (LB) JOINT STATUS CONFERENCE STATEMENT AND [PROPOSED] SCHEDULING ORDER 21 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, 22 v. 23 24 CITY AND COUNTY OF SAN FRANCISCO, a chartered California city and county; and DOES 1-100, inclusive, 25 Defendants. 26 27 28 1 JOINT STATUS CONF. STATEMENT Case No. CV 11-02338 YGR (LB) 1 Plaintiff California-Nevada Annual Conference of the United Methodist Church 2 (“Conference”), Plaintiff-in-Intervention, Pacific Polk Properties, LLC (“Pacific Polk”), and the City 3 and County of San Francisco (the “City”) referred herein collectively as the “Parties” respectfully 4 submit this Joint Status Conference Statement and Proposed Scheduling Order pursuant to the Joint 5 Stipulation And Order dated December 12, 2013, ECF No. 129, in advance of the case management 6 conference set for January 13, 2014 at 2:00 p.m. 7 I. BRIEF PROCEDURAL HISTORY 8 The City brought a Rule 12(c) Motion for Judgment on the Pleadings, heard by the Court on 9 February 12, 2013. After the Motion was heard, Plaintiffs voluntarily dismissed certain claims with 10 prejudice. Pacific Polk dismissed the following claims: (1) First Cause of Action for Violation of 11 RLUIPA; (2) the Second Cause of Action for Violation of RLUIPA; (3) the Third Cause of Action for 12 Violation of First Amendment to U.S. Constitution; (4) the Fifth Cause of Action for Procedural Due 13 Process; and (5) the Sixth Cause of Action for Substantive Due Process. The Conference dismissed the 14 following claim: the Second Cause of Action for Violation of RFRA. 15 On September 30, 2013, the Court terminated the City’s Rule 12(c) Motion without prejudice. 16 A few days later, on October 3, 2013, the San Francisco’s Planning Commission approved the 17 Conditional Use authorization for the project that Pacific Polk proposed for 1601 Larkin Street in San 18 Francisco. On November 4, 2013, Judy Berkowitz, Hiroshi Fukuda, and Linda Chapman appealed the 19 CUP to the San Francisco Board of Supervisors. The appeal was rejected by the Clerk of the Board, on 20 November 13, 2013, for failure to meet the statutory requirements. The Zoning Administrator issued a 21 written Variance for the project on November 15, 2013. On November 25, 2013, that variance was 22 appealed by members of a group calling themselves the Nob Hill Neighbors. The Board of Appeals 23 hearing on the variance appeal is set for January 29, 2014, at 5:00 p.m. The City has suspended 24 issuance of the variance pending the Board of Appeals’ determination of the variance appeal by the 25 Nob Hill Neighbors. Likewise, the City has not issued a site permit for the project or a demolition 26 permit, while the variance appeal remains pending. 27 28 Discovery here has been stayed during the entire pendency of the action. Discovery is currently 2 JOINT STATUS CONF. STATEMENT Case No. CV 11-02338 YGR (LB) 1 still stayed. 2 II. 3 SETTLEMENT With the aid of Magistrate Judge Laurel Beeler, the Parties have been actively involved in the 4 settlement process. The Parties continue to be interested in pursuing settlement options in order to 5 avoid further litigation. From Plaintiffs’ perspective no resolution is possible unless and until a 6 demolition permit issues and the Church Structure has been leveled. From the City’s perspective, the 7 City’s issuance of the Conditional Use authorization moots all injunctive aspects of this action. If 8 plaintiffs intend to pursue claims for attorneys fees and damages, then the City believes it will be 9 necessary for the Court to restore the City’s 12(c) motion to the calendar. In the interim the Parties 10 intend to continue working with Judge Beeler to resolve all remaining aspects of this action. 11 III. PRETRIAL SCHEDULE 12 In view of the scheduled January 29, 2014 hearing on the Nob Hill Neighbors’ variance appeal, 13 the parties jointly request that the Court reset the case management conference in this case to February 14 24, 2014, or the next date thereafter convenient to the Court. Such a continuance will give the parties 15 an opportunity to consult after the Board of Appeal decides the pending variance appeal and to report 16 the settlement status. 17 SIGNATURE ATTESTATION 18 (N.D. Cal. General Order 45, Section X.B.) 19 20 21 22 23 24 25 26 27 28 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 3 JOINT STATUS CONF. STATEMENT Case No. CV 11-02338 YGR (LB) 1 Dated: January 7, 2014 By: /s/ Gordon Egan Attorneys for Plaintiff CALIFORNIA NEVADA ANNUAL CONFERENCE OF THE UNITED METHODIST CHURCH 2 3 4 5 SIGNATURE LAW GROUP Dated: January 7, 2014 WOOD ROBBINS LLP By: /s/ B. Douglas Robbins Attorneys for Plaintiff-in-Intervention PACIFIC POLK PROPERTIES LLC 6 7 8 ORDER 9 10 After considering the stipulation of the parties, and good cause appearing, IT IS HEREBY 11 ORDERED AS FOLLOWS: The Status Conference Hearing set for January 13, 2014 at 2:00 p.m. is 12 continued to March 3, 2014 at 2:00 p.m., in Courtroom Five of the Oakland Federal Building. The 13 parties shall submit a Joint Status Conference Statement and Proposed Scheduling Order by February 14 24, 2014. This Order terminates Docket No. 130. 15 IT IS SO ORDERED. 16 17 18 Dated: January 8, 2014 _______________________________ YVONNE GONZALEZ ROGERS UNITED STATES DISTRICT COURT JUDGE 19 20 21 22 23 24 25 26 27 28 4 JOINT STATUS CONF. STATEMENT Case No. CV 11-02338 YGR (LB)

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