Filed: Mar. 31, 2015
Latest Update: Mar. 31, 2015
Summary: STIPULATION AND [PROPOSED] ORDER TO TAKE HEARING OFF CALENDAR AND CONTINUE CASE MANAGEMENT CONFERENCE, ETC. PENDING CONDITIONAL USE AUTHORIZATION APPLICATION Civ. L.R. 7-7, 16-2(d) RICHARD SEEBORG , District Judge . Following productive discussions between the parties to this action, the parties seek to resolve this matter without the need for further litigation, if possible. To that end, Plaintiff/Petitioner will, subject to this Court's agreement to the parties' stipulation b
Summary: STIPULATION AND [PROPOSED] ORDER TO TAKE HEARING OFF CALENDAR AND CONTINUE CASE MANAGEMENT CONFERENCE, ETC. PENDING CONDITIONAL USE AUTHORIZATION APPLICATION Civ. L.R. 7-7, 16-2(d) RICHARD SEEBORG , District Judge . Following productive discussions between the parties to this action, the parties seek to resolve this matter without the need for further litigation, if possible. To that end, Plaintiff/Petitioner will, subject to this Court's agreement to the parties' stipulation be..
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STIPULATION AND [PROPOSED] ORDER TO TAKE HEARING OFF CALENDAR AND CONTINUE CASE MANAGEMENT CONFERENCE, ETC. PENDING CONDITIONAL USE AUTHORIZATION APPLICATION
Civ. L.R. 7-7, 16-2(d)
RICHARD SEEBORG, District Judge.
Following productive discussions between the parties to this action, the parties seek to resolve this matter without the need for further litigation, if possible. To that end, Plaintiff/Petitioner will, subject to this Court's agreement to the parties' stipulation below and execution of the attached proposed order, submit a Conditional Use Authorization Application to the San Francisco Planning Commission pursuant to San Francisco Planning Code Section 303.1 for authorization to open a pharmacy at 518 Castro Street, San Francisco, CA.
The hearing on Defendants'/Respondents' Motion to Dismiss Second Amended Complaint is presently scheduled for April 9, 2015, and the initial Case Management Conference in this matter is presently scheduled for May 14, 2015.
To avoid unnecessary expense and delay, pursuant to Civ. L.R. 7-7 and 16-2(d), the parties stipulate as follows, subject to the Court's agreement and entry of the proposed Order below:
— The hearing on Defendants'/Respondents' Motion to Dismiss Second Amended Complaint shall be taken off calendar. Defendants and Respondents reserve the right to submit a new notice of motion to Dismiss the Second Amended Complaint in the event that Petitioner/Plaintiff has not obtained a conditional use authorization, or has failed to take all necessary steps to obtain a conditional use authorization, on or before March 30, 2016.
— The initial Case Management Conference shall be continued to November 19, 2015 or the Court's next available date thereafter, and all deadlines under FRCP Rule 26, FRCP Rule 16, and Civil Local Rule 16-5 shall be adjusted accordingly, to the extent they apply in this action.
— Should it appear that the Planning Commission will not render a final decision on Plaintiff's/Petitioner's Conditional Use Authorization Application prior to the Case Management Conference, or should any appeal related to the Conditional Use Authorization Application be pending at that time, then at either party's request, the Case Management Conference and all related deadlines shall be further continued.
— Plaintiff's/Petitioner's Conditional Use Authorization Application will be considered made under protest and will not prejudice Plaintiff's/Petitioner's claims in this action. Petitioner/Plaintiff makes no admissions by submitting the Conditional Use Authorization Application contemplated herein and waives no claims. The Planning Commission will not unduly delay its hearing of or decision on the Conditional Use Authorization Application.
— In the event that Plaintiff/Petitioner does not dismiss this action following the City's determination of the Conditional Use Authorization Application, Plaintiff/Petitioner agrees that it will not claim increased damages due to the passage of time during the preparation or consideration of the Conditional Use Authorization Application, including any appeals of such application.
Counsel for all parties have conferred, and all parties stipulate to and respectfully request the foregoing.
For the foregoing reasons, IT IS HEREBY ORDERED that:
1. Defendants'/Respondents' Motion to Dismiss Second Amended Complaint shall be taken off calendar to allow Plaintiffs/Petitioners to submit a Conditional Use Authorization Application to the San Francisco Planning Commission pursuant to San Francisco Planning Code Section 303.1 for authorization to open a pharmacy at 518 Castro Street, San Francisco, CA.
2. The initial Case Management Conference shall be continued to November 19, 2015, and all deadlines under FRCP Rule 26, FRCP Rule 16, and Civil Local Rule 16-5 shall be adjusted accordingly, to the extent they apply in this action.
3. Should it appear that the Planning Commission will not render a final decision on Plaintiff's/Petitioner's Conditional Use Authorization Application prior to the Case Management Conference, or should any appeal related to the Conditional Use Authorization Application be pending at that time, then at any party's request, the Case Management Conference and all related deadlines shall be further continued.
4. Plaintiff's/Petitioner's Conditional Use Authorization Application will be considered made under protest and will not prejudice Plaintiff's/Petitioner's claims in this action. It is recognized that Petitioner/Plaintiff makes no admissions by submitting the Conditional Use Authorization Application contemplated herein and waives no claims.
5. Plaintiff/Petitioner will not claim increased damages due to the passage of time during the preparation or consideration of the Conditional Use Authorization Application, including any appeals of such application.
