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California Restaurant Association v. City and County of San Francisco

CALIFORNIA RESTAURANT ASSOCIATION UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA


July 23, 2008

CALIFORNIA RESTAURANT ASSOCIATION, PLAINTIFF,
v.
THE CITY AND COUNTY OF SAN FRANCISCO AND THE SAN FRANCISCO DEPARTMENT OF PUBLIC HEALTH, DEFENDANTS.

STIPULATION AND ORDER REGARDING PAGE LIMITS AND BRIEFING SCHEDULE REGARDING PLAINTIFF'S MOTION FOR DECLARATORY RELIEF AND A PRELIMINARY INJUNCTION, AND REGARDING STAY OF ENFORCEMENT

(Civil Local Rule 7.11)

Stipulation and [Proposed] Order Regarding Page Limits and Briefing Schedule Regarding Plaintiff's Motion for Declaratory Re

STIPULATION AND [PROPOSED] ORDER REGARDING PAGE LIMITS FOR PLAINTIFF'S MOTION FOR DECLARATORY RELIEF AND A PRELIMINARY INJUNCTION

STIPULATION WHEREAS, Plaintiff California Restaurant Association filed a Complaint against the City and County of San Francisco and the San Francisco Department of Public Health (collectively, "Defendants") alleging that Ordinance 40-08 ("Ordinance") violates the U.S. and California Constitutions;

WHEREAS, the Ordinance amends San Francisco Health Code sections 468-468.8 to require restaurants with twenty or more establishments in the State of California to make statements 8 showing certain nutritional information on menu boards and menus in manner prescribed by the Ordinance;

WHEREAS, Plaintiff alleges that the Ordinance is preempted under federal and state law and that the Ordinance unconstitutionally compels speech by the restaurants subject to the Ordinance;

WHEREAS, Plaintiff has brought a Motion for Declaratory Relief and a Preliminary Injunction ("Motion") in this action to enjoin the San Francisco Department of Public Health from enforcing the Ordinance;

WHEREAS, certain nutritional disclosure requirements begin to take effect under the Ordinance on August 23, 2008 ("Disclosure Requirements");

WHEREAS, a proposed amendment to the Ordinance is pending that would, among other things, postpone the operative date of these Disclosure Requirements to September 20, 2008;

WHEREAS, in light of the proposed amendment to the Ordinance, Defendant San Francisco Department of Public Health has stated that it will not enforce these Disclosure Requirements until September 20, 2008;

WHEREAS, the Parties have agreed that, subject to Court approval of this Stipulation, Plaintiff's Motion would be noticed at least 63 days before the hearing date, Defendants' opposition 25 papers would be due no less than 35 days before the hearing date, and Plaintiff's reply to the 26 opposition papers would be due no less than 14 days before the hearing date;

WHEREAS, Defendants have agreed to postpone the operative date of the Disclosure Requirements until October 14, 2008;

WHEREAS, Civil Local Rule 7-2(b) provides for a twenty-five (25) page limit on any motion and supporting memorandum of points and authorities filed in this action;

WHEREAS, Civil Local Rule 7-3(c) provides for a twenty-five (25) page limit on any 6 opposition to any motion filed in this action;

WHEREAS, given the complexity of the constitutional issues raised in the action and in the 8 Motion, Plaintiff and Defendants believe that it is appropriate, subject to Court approval, for the Motion and supporting memorandum of points and authorities and the Opposition to the Motion to 0 exceed the twenty-five (25) page limit such that they are each no more than thirty-five (35) pages in length; and

WHEREAS, Plaintiff and Defendants agree that this stipulation is without prejudice as to any party's right to seek further or additional relief as to matters addressed herein;

IT IS HEREBY STIPULATED AND AGREED, by and among Plaintiff and Defendants, subject to approval of the Court, that:

1. Plaintiff's Motion (including the supporting memorandum of points and authorities) may exceed the twenty-five (25) page limit imposed by Civil Local Rule 7-2(b), but may not exceed a total of thirty-five (35) pages, exclusive of the caption page, table of contents, table of authorities, declarations, and exhibits.

2. Defendants' opposition to the Motion may exceed the twenty-five (25) page limit imposed by Civil Local Rule 7-3(c), but may not exceed a total of thirty-five (35) pages, exclusive of the caption page, table of contents, table of authorities, declarations, and exhibits.

3. Plaintiff's Motion shall be noticed for hearing on a date that is no less than 63 days 4 after the Motion is filed and served.

4. Defendants' opposition to the Motion shall be filed and served not less than 35 days before the hearing date.

5. Plaintiff's reply to Defendants' Opposition to the Motion shall be filed and served not less than 14 days before the hearing date.

6. The operative date of the Ordinance shall be stayed until October 14, 2008 without 4 prejudice as to Plaintiff's right to seek a further stay and Defendants' right to oppose any further stay.

SO STIPULATED:

Dated: July __, 2008 ARNOLD & PORTER LLP By: Trenton H. Norris 10 Attorneys for Plaintiff CALIFORNIA RESTAURANT ASSOCIATION

Dated: July __, 2008 DENNIS J. HERRERA City Attorney FRANCESCA GESSNER Deputy City Attorney By: Francesca Gessner Tara Steeley Attorneys for Defendants CITY AND COUNTY OF SAN FRANCISCO AND SAN FRANCISCO DEPARTMENT OF PUBLIC HEALTH

PURSUANT TO THE STIPULATION, IT IS SO ORDERED:

20080723

© 1992-2008 VersusLaw Inc.



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