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

Filing 39

STIPULATION AND ORDER RE 38 AMENDING PRIOR CASE MANAGEMENT ORDER. Signed by Judge Richard Seeborg on 3/2/11. (cl, COURT STAFF) (Filed on 3/2/2011)

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*E-Filed 3/2/11* 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 Stipulation & [Proposed] Order Amending Prior Case Management Order C09-03735 RS 731432 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 Josť, California 95113-1905 Phone: (408) 535-1900 Fax: (408) 998-3131 E-Mail: CAO.Main@sanjoseca.gov 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: (213) 237-2400 Fax: (213) 237-2401 Email: jabrena@fordharrison.com NORMAN A. QUANDT, GA Bar No. 590575 (pro hac vice) Ford & Harrison LLP 271 17th Street NW, Suite 1900 Atlanta, GA 30363 Phone: (404) 888-3845 Fax: (404) 888-3863 Email: nquandt@fordharrison.com 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 AMENDING PRIOR CASE MANAGEMENT ORDER 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Dated: March 2, 2011 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. On October 21, 2010, the court issued a case management order requiring the parties to submit an updated joint case management statement that includes a new proposed schedule for resolution of the case to the court by March 3, 2011. 3. The parties are presently engaged in discussions that may lead to resolution of the case. To allow time for these discussions to continue, without the need to simultaneously dedicate resources to the litigation, the parties jointly request that the March 3 deadline for the updated joint case management statement be postponed for sixty days. Dated: March 2, 2011 FORD & HARRISON LLP By: ____/s/ Norman A. Quandt_______ NORMAN A. QUANDT Attorneys for Plaintiff, SKY CHEFS, INC. RICHARD DOYLE, City Attorney By: ____/s/ Steven B. Dippell_______ STEVEN B. DIPPELL Sr. Deputy City Attorney Attorneys for Defendant, CITY OF SAN JOSE 2 Stipulation & [Proposed] Order Amending Prior Case Management Order C09-03735 RS 731432 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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: March 2, 2011 By: ____/s/ Steven B. Dippell_______ STEVEN B. DIPPELL ORDER Having read and considered the stipulation set forth above, and finding good cause for the action requested therein, it is ordered that the March 3, 2011 deadline for the parties to submit an updated joint case management statement to the court is extended to May 3, 2011. 3/2/11 Dated: ______________________ ___________________________________ HON. RICHARD SEEBORG Judge of the United States District Court 3 Stipulation & [Proposed] Order Amending Prior Case Management Order C09-03735 RS 731432

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