Sky Chefs, Inc. v. City of San Jose, California

Filing 36

STIPULATION AND ORDER VACATING AMENDED CASE MANAGEMENT ORDER AND SETTING CASE MANAGEMENT CONFERENCE. Case Management Statement due by 3/3/2011. Signed by Judge Richard Seeborg on 10/21/10. (cl, COURT STAFF) (Filed on 10/21/2010)

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Stipulation & [Proposed] Order Vacating Amended Case Management Order & Setting Case Management Conference C09-03735 RS
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RICHARD DOYLE, City Attorney #88625 NORA FRIMANN, Assistant City Attorney #93249 STEVEN B. DIPPELL, Sr. Deputy City Attorney #121217 ELISA T. TOLENTINO, Assoc. Deputy City Attorney #245962 Office of the City Attorney 200 East Santa Clara Street, 16th Floor San José, California 95113-1905 Phone: [phone] Fax: [phone] E-Mail: [e-mail] Attorneys for Defendant, CITY OF SAN JOSE JOLINA A. ABRENA, #198683 Ford & Harrison LLP 350 South Grand Avenue, Suite 2300 Los Angeles, California 90071 Phone: [phone] Fax: [phone] Email: [e-mail] NORMAN A. QUANDT, GA Bar No. 590575 (pro hac vice) Ford & Harrison LLP 271 17th Street NW, Suite 1900 Atlanta, GA 30363 Phone: [phone] Fax: [phone] Email: [e-mail] Attorneys for Plaintiff, SKY CHEFS, INC.

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION SKY CHEFS, INC., Plaintiffs, v. CITY OF SAN JOSE, CALIFORNIA, et al., Defendants. Case Number: C09-03735 RS STIPULATION AND [PROPOSED] ORDER VACATING AMENDED CASE MANAGEMENT ORDER AND SETTING CASE MANAGEMENT CONFERENCE

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STIPULATION The undersigned parties, by and through their counsel of record, herewith stipulate to the following: 1. This action by Plaintiff Sky Chefs, Inc. ("Sky Chefs") seeks injunctive and

declaratory relief that would halt the efforts of Defendant City of San Jose (the "City") to apply its Airport Living Wage Ordinance (the "LWO") to Sky Chefs' operations at Norman Y. Mineta San Jose International Airport (the "Airport"). Sky Chefs contends that the LWO is preempted by federal law, and violates the Equal Protection Clauses of the United State and California Constitutions. The City contends that Sky Chefs' arguments are meritless, and that Sky Chefs is contractually bound to comply with the LWO. 2. The parties worked cooperatively to complete much of the discovery needed

in this case, submit a proposed schedule for resolution of the case in their joint case management statement, and ask the court to refer the matter to a magistrate for an early settlement conference. Thereafter, on July 1, 2010, the court issued its Amended Case Management Plan which, among other things, required that all pretrial motions be heard by December 16, 2010, scheduled the case to commence trial on April 11, 2011, and referred the matter to Magistrate Judge Howard R. Lloyd to conduct a settlement conference. 3. Despite the diligent efforts of the parties and Magistrate Judge Lloyd, the

early settlement conference did not result in a resolution of the case. Unless the case resolves by some other means, the parties intend to bring cross motions for summary judgment, and expect that one of those motions will result in adjudication of the case at the trial court level. 4. Coincidental to the litigation, City staff are in the process of developing a

proposed Airport competitiveness strategic plan for consideration by the City Council early next year. The Airport LWO is one of several things being analyzed by staff, and the proposed strategic plan ultimately submitted for Council action may include recommended adjustments to the ordinance. 2
Stipulation & [Proposed] Order Vacating Amended Case Management Order & Setting Case Management Conference C09-03735 RS
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5.

Since changes to the LWO resulting from this strategic plan process may

have an impact on the allegations pertaining to the LWO pending in this case, the parties respectfully request that the court vacate its July 1, 2010 Amended Case Management Plan, and instead order the parties to submit an updated joint case management statement to the court on or about March 1, 2011 that includes a new proposed schedule for resolution of this case. FORD & HARRISON LLP Dated: October 20, 2010

By: ____/s/ Norman A. Quandt_______ NORMAN A. QUANDT Attorneys for Plaintiff, SKY CHEFS, INC. RICHARD DOYLE, City Attorney

Dated: October 20, 2010

By: ____/s/ Steven B. Dippell_______ STEVEN B. DIPPELL Sr. Deputy City Attorney Attorneys for Defendant, CITY OF SAN JOSE

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ATTESTMENT OF CONCURRENCE PER GENERAL ORDER 45 FOR FILING: I attest that concurrence in the filing of this document by the signatories, Steven B. Dippell and Norman A. Quandt, has been obtained, and that a record of the concurrence shall be maintained at the Office of the City Attorney.

Date: October 20, 2010

By: ____/s/ Steven B. Dippell_______ STEVEN B. DIPPELL

ORDER Having read and considered the stipulation set forth above, and finding good cause for the actions requested therein, it is ordered that: 1. The Amended Case Management Plan entered by the court on July 1, 2010,

including all deadlines and other dates specified therein, is vacated; and 2. The parties are to submit an updated joint case management statement to

March 3 the court by ___________, 2011, that includes a new proposed schedule for resolution of this case.

10/21/10 Dated: ______________________

___________________________________ HON. RICHARD SEEBORG Judge of the United States District Court

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Stipulation & [Proposed] Order Vacating Amended Case Management Order & Setting Case Management Conference C09-03735 RS
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