Filed: Nov. 15, 2013
Latest Update: Nov. 15, 2013
Summary: STIPULATION AND [PROPOSED] ORDER TO CONTINUE DATE OF CMC SAMUEL CONTI, District Judge. COME NOW PLAINTIFF IBIZ AND DEFENDANT CITY AND STIPULATE AS FOLLOWS: Per this Court's Minute Order (Doc. 46) issued on August 5, 2013, the Case Management Conference in this case is currently set for November 22, 2013 and the Case Management Conference Statement is due on November 15, 2013. The parties mutually request that the Court continue the Case Management Conference to February 7, 2014, and th
Summary: STIPULATION AND [PROPOSED] ORDER TO CONTINUE DATE OF CMC SAMUEL CONTI, District Judge. COME NOW PLAINTIFF IBIZ AND DEFENDANT CITY AND STIPULATE AS FOLLOWS: Per this Court's Minute Order (Doc. 46) issued on August 5, 2013, the Case Management Conference in this case is currently set for November 22, 2013 and the Case Management Conference Statement is due on November 15, 2013. The parties mutually request that the Court continue the Case Management Conference to February 7, 2014, and tha..
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STIPULATION AND [PROPOSED] ORDER TO CONTINUE DATE OF CMC
SAMUEL CONTI, District Judge.
COME NOW PLAINTIFF IBIZ AND DEFENDANT CITY AND STIPULATE AS FOLLOWS:
Per this Court's Minute Order (Doc. 46) issued on August 5, 2013, the Case Management Conference in this case is currently set for November 22, 2013 and the Case Management Conference Statement is due on November 15, 2013.
The parties mutually request that the Court continue the Case Management Conference to February 7, 2014, and that the filing date for the Case Management Conference Statement be continued to January 31, 2014. This request is made for the following reasons:
(1) The significant orders issued by the Court in both this case and the related case of Net Connection, Hayward, LLC v. City of Hayward, N.D.Cal. No. 12-cv-1212 SC, are still being evaluated by the Hayward City Council. Until it completes its evaluation, neither the City nor Plaintiff will be able to assess the future of this case. Accordingly, they would mutually prefer to postpone the Case Management Conference until they know what the City's response to the Court's Orders will be.
(2) At this time, there is amendatory legislation presently scheduled to be introduced at the December 10, 2013 City Council Meeting. If the City Council introduces the item, it will be considered for adoption on December 17, 2013.
(3) Also, after the City Council has resolved its position, Plaintiff would need time to assess any such position before determining how it wants to proceed in this litigation.
(4) Until the City resolves its legislative and enforcement positions, Plaintiff is not presently sure whether it will be necessary to amend its pleadings before proceeding with its prosecution of this case.
(5) Counsel had agreed to seek a CMC hearing on January 31st, but after phoning the court's clerk, found that date unavailable.
For each of these reasons, the parties believe that a continuance of the Case Management Conference until February 7, 2014, would be in the best interests of both sides and would be the most efficient and economical way to proceed. The parties have checked with this Court's clerk and confirmed that February 7, 2014, would be an available date for the continued hearing.
STIPULATION
Subject to the approval of the Court, the parties, by and through their counsel of record, HEREBY STIPULATE, that the Case Management Conference herein be continued to February 7, 2014, at 10:00 a.m. or what ever other time is convenient for the Court, and that the filing date for the Joint Case Management Conference Statement be continued to January 31, 2014.
ORDER
Based on the stipulation of the parties, and good cause appearing therefore, the Case Management Conference herein is hereby continued to February 7, 2014, at 10:00 a.m. and the filing date for the Joint Case Management Conference Statement is continued to January 31, 2014.
IT IS SO ORDERED.
