Local Search Association v. City & County of San Francisco et al

Filing 204

CONSENT JUDGMENT in favor of Local Search Association against City & County of San Francisco. ***Civil Case Terminated.*** Signed by Judge Saundra Brown Armstrong on 9/18/2013. (ndr, COURT STAFF) (Filed on 9/18/2013)

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1 2 3 4 5 6 7 8 9 10 11 UNITED STATES DISTRICT COURT 12 13 14 15 16 17 18 19 20 NORTHERN DISTRICT OF CALIFORNIA LOCAL SEARCH ASSOCIATION, Plaintiff, Case No. CV-11-2776 SBA [PROPOSED] CONSENT JUDGMENT vs. CITY AND COUNTY OF SAN FRANCISCO; BOARD OF SUPERVISORS OF THE CITY AND COUNTY OF SAN FRANCISCO; and EDWIN M. LEE, in his official capacity as MAYOR of the City and County of San Francisco, Date Action Filed Trial Date: June 7, 2011 Not set Defendants. 21 22 23 24 25 26 27 28 STIPULATION & [PROPOSED] CONSENT JUDGMENT CASE NO. CV-11-2776 EDL 1 c:\users\sbalc2\appdata\local\temp\notes95ec0b\~2962868.doc 1 [PROPOSED] CONSENT JUDGMENT 2 On June 7, 2011, Plaintiff Local Search Association ("LSA") brought this action against 3 defendants the City and County of San Francisco, the Board of Supervisors of the City and County of 4 San Francisco, and San Francisco Mayor Edwin M. Lee (collectively "City"), challenging San 5 Francisco Ordinance 78-11, codified at San Francisco Environment Code §§ 2101 – 2108, and seeking 6 declaratory and injunctive relief and attorneys’ fees. 7 LSA and the City dispute whether Ordinance 78-11 was constitutional at the time it was 8 enacted, but the parties agree that under Dex Media West Inc. v. City of Seattle, 696 F.3d 952 (9th Cir. 9 Oct. 15, 2012), Ordinance 78-11 is unconstitutional under the First Amendment to the United States 10 Constitution and may not be enforced. 11 By stipulation, the Court therefore enters this Consent Judgment against the City and in favor 12 of Plaintiff. The City shall pay $85,000 in fees and costs to Plaintiff. The parties shall otherwise bear 13 their own fees and costs. 14 IT IS SO ORDERED. 15 16 Dated:__9/18/13________________ 17 ____________________________ HON. SAUNDRA BROWN ARMSTRONG United States District Judge 18 19 20 21 22 23 24 25 26 27 28 STIPULATION & [PROPOSED] CONSENT JUDGMENT CASE NO. CV-11-2776 EDL 2 c:\users\sbalc2\appdata\local\temp\notes95ec0b\~2962868.doc

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