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Fears v. City of Sacramento

United States District Court, Ninth Circuit

August 29, 2013

CARL and ELIZABETH FEARS, a married couple; and FEARS FITNESS, INC., d/b/a Got Muscle Health Club, a California corporation, Plaintiffs,
v.
CITY OF SACRAMENTO, a California municipal corporation, Defendant.

INSTITUTE FOR JUSTICE, William R. Maurer(WSBA No. 25451)*, Bellevue, WA,

Erica Smith (NY Registration No. 4963377)*, Arlington, VA, *Admitted pro hac vice. Attorneys for Plaintiffs.

PILLSBURY WINTHROP SHAW PITTMAN LLP Christopher R. Rodriguez (CA Bar No. 212274), Sacramento, CA, Local Counsel for Plaintiffs.

Office of the City Attorney, Chance L. Trimm, Senior DCA (SBN 139982), Sacramento, CA, Attorney for Defendant.

STIPULATION CEASING DEFENDANT'S ENFORCEMENT AGAINST PLAINTIFFS' SIGNS IN EXCHANGE FOR PLAINTIFFS WITHDRAWING THEIR MOTION FOR PRELIMINARY INJUNCTION AND ORDER ACCEPTING STIPULATION

JOHN A. MENDEZ, District Judge.

Carl and Elizabeth Fears, Fears Fitness Inc., d/b/a "Got Muscle Health Club" ("Plaintiffs") and the City of Sacramento ("Defendant"), by and through their respective attorneys, submit the following stipulation and proposed order whereby they stipulate and agree as follows:

WHEREAS, on August 13, 2013, Plaintiffs filed a Complaint against the Defendant, claiming that several provisions of Defendant's sign code violate the First and Fourteenth Amendments of the United States Constitution; and

WHEREAS, on the same day, Plaintiffs also filed a Notice of Motion and Motion for Preliminary Injunction against Defendant, requesting the Court immediately enjoin Defendant from enforcing the allegedly unconstitutional provisions against Plaintiffs' signs:

NOW, THEREFORE, it is hereby stipulated by and between Plaintiffs and Defendant as follows:

1. Defendant, and all its agents, representatives, and employees, agree not to enforce the provisions of the City's sign code that the Plaintiffs are challenging in this case. Specifically, the Defendant has agreed not to enforce Sacramento Sign Code sections 15.148.670, 15.148.160(A)(2), and 15.148.030-15.148.090 against Plaintiffs or any other individual or entity during the pendency of this case.

2. Accordingly, Defendant agrees to allow Plaintiffs to display A-frame signs, portable signs, banners, their existing window signs, and any other window signs or attached signs that Plaintiffs choose at Got Muscle Health Club at 8280 Folsom Boulevard, Sacramento, California, during the pendency of this case. Plaintiffs will also not be required to request or secure a permit for any of their current or future signs during the pendency of this case.

3. The "pendency of this case" means until a stipulated dismissal of the case or a final court decision is rendered regarding the constitutionality of the aforementioned Sign Code sections and all appeals are exhausted regarding that decision.

4. In exchange for Defendant's agreement, Plaintiffs give notice of the withdrawal of their Notice of Motion and Motion for Preliminary Injunction (Docket No. 6). No hearing is currently scheduled for Plaintiffs' Motion.

ORDER

IT IS SO ORDERED.


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