Opinion
Case No. C-02-4343 CW
July 29, 2003
THOMAS F. CASEY III, MICHAEL P. MURPHY, PORTOR GOLTZ, JOHN D. NIBBELIN, Hall of Justice and Records, Redwood City, CA, for Plaintiff
COUNTY OF SAN MATEO, JERRY HILL, ROSE JACOBS GIBSON, MARK CHURCH, RICHARD S. GORDON, MICHAEL D. NEVIN, JOHN MALTBIE, and THOMAS F. CASEY III, for Defendants
ROSE L. ZIMMERMAN, Daly City, CA
ROGERS, JOSEPH O'DONELL PHILLIPS, NEIL H. O'DONNELL, PAUL M. ZIEFF, San Francisco, California
CITY OF DALY CITY, MICHAEL P. GUINGONA, ADRIENNE TISSIER, MADOLYN L. AGRIMONTI, GONZALO TORRES, CAROL L. KLATT, HELEN R. FLOWERDAY, and STANLEY GUSTAVSON, for Defendants
SILVANO B. MARCHESI, SHARON L. ANDERSON, KELLY M. FLANAGAN, Martinez, CA
CONTRA COSTA COUNTY, JOHN M. GIOIA, GAYLE B. UILKEMA, DONNA GERBER, MARK DESAULNIER, FEDERAL GLOVER, JOHN W. SWEETEN, and SILVANO B. MARCHESI, for Defendants
RICHARD E. WINNIE, JEANINE B. NADEL, OFFICE OF THE COUNTY COUNSEL, COUNTY OF ALAMEDA, Oakland, CA
COUNTY OF ALAMEDA, ET AL., for Defendants
ORDER STAYING THE EFFECTIVE DATES OF DEFENDANTS' ORDINANCES UNTIL SIXTY DAYS AFTER THE COURT RULES ON THE PARTIES' CROSS-MOTIONS FOR SUMMARY JUDGMENT
Now pending before the Court are plaintiffs' motions for preliminary injunction, one filed against defendant County of Alameda, and the other filed against defendants County of San Mateo, County of Contra Costa and City of Daly City. Many of the matters raised in plaintiffs' preliminary injunction motions are identical to the matters that the Court must address in ruling on the pending cross-motions for summary judgment filed by plaintiffs and defendants County of San Mateo, County of Contra Costa and City of Daly City. All defendants have informed the Court that, while they do not agree that the required showing for entry of a preliminary injunction has been made, they agree not to object to the Court's entry of an order staying the effective dates of their respective Ordinances (i.e., San Mateo County Ordinance No. 04126, as amended; Daly City Ordinance No. 1295, as amended; Contra Costa County Ordinance No. 2002-30, as amended; and Alameda County Ordinance No. 2003-28) for a period of sixty days after the Court rules on the pending cross-motions for summary judgment.
Having considered the matter and finding good cause therefore,
IT IS HEREBY ORDERED that the effective dates of defendants' respective Ordinances are HEREBY STAYED until sixty days after the Court issues its decision on the parties' pending cross-motions for summary judgment in this case. The motions for preliminary injunction and for an user shortening time in denied as most.