Edge et al v. City of Everett

Filing 7

STIPULATION AND ORDER REGARDING MOTION FOR PRELIMINARY INJUNCTION BRIEFING SCHEDULE; Motion for preliminary injunction due 9/21/17; response due 10/23/17; reply/noting date 11/3/17. Oral Argument on the motion for preliminary injunction set for 11/21/2017 at 10:00 AM. City's answer due by 10/30/17 by Judge Marsha J. Pechman. (RS)

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Honorable Marsha Pechman

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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JOVANNA EDGE, an individual; LEAH
HUMPHREY, an individual; LIBERTY
ZISKA, an individual; AMELIA POWELL, an
individual; NATALIE BJERKE, an individual;
BRITTANY GIAZZI, an individual; JUANITA
CASTANEDA GUERRERO, an individual;
and MATTESON HERNANDEZ, an
individual,

No. 2:17-cv-01361
STIPULATION AND AGREED
ORDER REGARDING MOTION FOR
PRELIMINARY INJUNCTION
BRIEFING SCHEDULE

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Plaintiffs,

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v.
CITY OF EVERETT, a Washington Municipal
Corporation,

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Defendant.

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STIPULATION

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The parties hereto, by and through their respective counsel, have conferred regarding an
agreed briefing schedule on a Motion for Preliminary Injunction the Plaintiffs have stated they
will file. The parties propose the following due dates:
Motion for Preliminary Injunction

Thursday, September 21, 2017

City’s Response to Motion

Monday, October 23, 2017

Plaintiffs’ Reply (noting date)

Friday, November 3, 2017

STIPULATION AND PROPOSED AGREED ORDER
REGARDING MOTION FOR PRELIMINARY INJUNCTION
BRIEFING SCHEDULE - 1
Cause No. 2:17-cv-01361
20061 00005 gi14dd17t1

PACIFICA LAW GROUP LLP
1191 SECOND AVENUE
SUITE 2000
SEATTLE, WASHINGTON 98101-3404
TELEPHONE: [phone]
FACSIMILE: [phone]

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The parties respectfully request that the Court set a date for oral argument of the motion
as soon as reasonably possible following the noting date.

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The parties agree that they have conducted an initial conference regarding discovery and
that the parties may conduct discovery with respect to this motion.

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The parties also agree, in light of the injunction proceedings, to extend the date to answer
the complaint until October 30, 2017.

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This stipulation is entered solely for the purpose of facilitating prompt and efficient
briefing and consideration of Plaintiffs’ motion for the benefit of the Court and the parties
without the need for emergency motions practice. As part of this stipulation, the City will
voluntarily refrain from enforcement of Ordinance 3560-17 and the amendments in section 1 of
Ordinance 3559-17 until after this Court rules on the Motion for Preliminary Injunction.
Nothing in this stipulation will be construed as evidence of or an admission that any of Plaintiffs’
claims do or do not have merit, and no party may cite to this stipulation in aid of or in opposition
to any request for substantive relief, including any relief requested in the Motion for Preliminary
Injunction.

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The parties, therefore, now stipulate to the foregoing and request that the Court enter the
Order subjoined hereto.

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DATED this 15th day of September, 2017.

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NEWMAN DU WORS LLP

PACIFICA LAW GROUP LLP

By

By s/ Matthew J. Segal
Matthew J. Segal, WSBA #29797

s/Derek A. Newman
Derek A. Newman, WSBA #26967
Jessica V. Newman, WSBA #28080
Keith Scully, WSBA #28677
Jason B. Sykes, WSBA #44369

CITY OF EVERETT
Ramsey Ramerman, WSBA #30423
Attorneys for Defendant City of Everett

Attorneys for Plaintiffs

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STIPULATION AND PROPOSED AGREED ORDER
REGARDING MOTION FOR PRELIMINARY INJUNCTION
BRIEFING SCHEDULE - 2
Cause No. 2:17-cv-01361
20061 00005 gi14dd17t1

PACIFICA LAW GROUP LLP
1191 SECOND AVENUE
SUITE 2000
SEATTLE, WASHINGTON 98101-3404
TELEPHONE: [phone]
FACSIMILE: [phone]

ORDER

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Based on the foregoing stipulation of the parties, the Court hereby ORDERS that the
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Motion for Preliminary Injunction shall be subject to the following agreed briefing schedule:
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Motion for Preliminary Injunction
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Thursday, September 21, 2017

City’s Response to Motion

Monday, October 23, 2017

Plaintiffs’ Reply (noting date)

Friday, November 3, 2017

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The Court sets oral argument on the motion for preliminary injunction for November 21,
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2017, at 10:00 a.m. The parties are allowed twenty minutes for argument, including rebuttal.
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The parties may conduct discovery pursuant to their agreement.
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The City shall file an answer to the complaint by October 30, 2017.
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DATED this 18th day of September, 2017.

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A

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Marsha J. Pechman
United States District Judge

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Jointly Presented by:
PACIFICA LAW GROUP LLP

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By /s/ Matthew J. Segal
Matthew J. Segal, WSBA #29797

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Attorneys for Defendant City of Everett

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CITY OF EVERETT
Ramsey Ramerman, WSBA #30423

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STIPULATION AND PROPOSED AGREED ORDER
REGARDING MOTION FOR PRELIMINARY INJUNCTION
BRIEFING SCHEDULE - 3
Cause No. 2:17-cv-01361
20061 00005 gi14dd17t1

PACIFICA LAW GROUP LLP
1191 SECOND AVENUE
SUITE 2000
SEATTLE, WASHINGTON 98101-3404
TELEPHONE: [phone]
FACSIMILE: [phone]

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NEWMAN DU WORS LLP

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By __/s/__ Derek A. Newman ______
Derek A. Newman, WSBA #26967
Jessica V. Newman, WSBA #28080
Keith Scully, WSBA #28677
Jason B. Sykes, WSBA #44369

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Attorneys for Plaintiffs
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STIPULATION AND PROPOSED AGREED ORDER
REGARDING MOTION FOR PRELIMINARY INJUNCTION
BRIEFING SCHEDULE - 4
Cause No. 2:17-cv-01361
20061 00005 gi14dd17t1

PACIFICA LAW GROUP LLP
1191 SECOND AVENUE
SUITE 2000
SEATTLE, WASHINGTON 98101-3404
TELEPHONE: [phone]
FACSIMILE: [phone]