`
`DAVID CHIU, State Bar #189542
`City Attorney
`WAYNE K. SNODGRASS, State Bar #148137
`JEREMY M. GOLDMAN, State Bar #218888
`Deputy City Attorneys
`City Hall, Room 234
`1 Dr. Carlton B. Goodlett Place
`San Francisco, California 94102-4682
`Telephone:
`(415) 554-6762
`Facsimile:
`(415) 554-4699
`E-Mail:
`jeremy.goldman@sfcityatty.org
`
`Attorneys for Defendant
`CITY AND COUNTY OF SAN FRANCISCO
`
`
`
`GIBSON, DUNN & CRUTCHER LLP
`JOSHUA S. LIPSHUTZ, SBN 242557
`jlipshutz@gibsondunn.com
`555 Mission Street, Suite 3000
`San Francisco, CA 94105-0921
`Telephone: 415.393.8200
`Facsimile: 415.393.8306
`
`MICHAEL HOLECEK, SBN 281034
`mholecek@gibsondunn.com
`333 South Grand Avenue
`Los Angeles, CA 90071-3197
`Telephone: 213.229.7000
`Facsimile: 213.229.7520
`
`Attorneys for Plaintiffs
`DOORDASH, INC. and GRUBHUB INC.
`
`UNITED STATES DISTRICT COURT
`
`NORTHERN DISTRICT OF CALIFORNIA
`
`
`DOORDASH, INC. and GRUBHUB INC.,
`
`
`Plaintiffs,
`
`
`vs.
`
`CITY AND COUNTY OF SAN FRANCISCO,
`
`
`Defendant.
`
`
`
`Case No. 3:21-cv-05502 EMC
`
`STIPULATION AND [PROPOSED] ORDER
`STAYING CASE, VACATING CASE
`MANAGEMENT DATES, AND
`PROVIDING FOR EVENTUAL
`DISMISSAL
`
`
`
`
`
`STIPULATION AND [PROPOSED] ORDER
`CASE NO. 3:21-cv-05502 EMC
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`Case 3:21-cv-05502-EMC Document 70 Filed 07/01/22 Page 2 of 3
`
`
`
`Pursuant to Civil Local Rules 6-2 and 7-12, Plaintiffs DoorDash, Inc. and Grubhub Inc., and
`Defendant City and County of San Francisco (collectively, “the Parties”), hereby stipulate as follows:
`WHEREAS, on June 28, 2022, San Francisco Supervisor Aaron Peskin introduced the
`Ordinance attached hereto as Exhibit A (“the Ordinance”), which would amend certain provisions of
`Article 53 of the San Francisco Police Code at issue in this action;
`WHEREAS, Plaintiffs have decided that they are willing to dismiss the above-captioned action
`if the Ordinance is enacted; and
`WHEREAS, the Parties anticipate that enactment of the Ordinance may take several months in
`the ordinary legislative process;
`NOW, THEREFORE, in the interest of judicial economy and good cause showing, the
`undersigned parties, by and through their counsel of record, hereby agree and stipulate, and the Court
`hereby orders, as follows:
`1.
`This action is hereby stayed;
`2.
`All existing case management dates are vacated;
`3.
`If the Ordinance is enacted, Plaintiffs shall dismiss this action, without prejudice to their
`right to reinstate the above-captioned action (including, without limitation, the claims alleged and
`remedies sought therein), as a result of any amendment to the Ordinance or future legislation, within
`seven days of its effective date, each party to bear its own fees and costs;
`4.
`If the Ordinance is not enacted, the Parties may stipulate to, or any party may file an
`administrative motion requesting, a lifting of the stay and the establishment of new case management
`dates.
`
`The Parties respectfully request that the Court enter an Order approving this Stipulation.
`
`IT IS SO STIPULATED.
`
`
`
`
`
`STIPULATION AND [PROPOSED] ORDER
`CASE NO. 3:21-cv-05502 EMC
`
`
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`Case 3:21-cv-05502-EMC Document 70 Filed 07/01/22 Page 3 of 3
`
`Dated: July 1, 2022
`
`DAVID CHIU
`City Attorney
`WAYNE SNODGRASS
`JEREMY M. GOLDMAN
`Deputy City Attorneys
`
`By: Jeremy M. Goldman
`JEREMY M. GOLDMAN
`Attorneys for Defendant
`CITY AND COUNTY OF SAN FRANCISCO
`
`Dated: July 1, 2022
`
`GIBSON, DUNN & CRUTCHER LLP
`
`By: Joshua S. Lipshutz
`Joshua S. Lipshutz
`Michael Holecek
`Attorneys for Plaintiffs
`DOORDASH, INC. and GRUBHUB INC.
`
`ATTESTATION CLAUSE
`Pursuant to Civil Local Rule 5-1(i)(3), I hereby certify that I obtained in the filing of this
`document the concurrence from all parties whose electronic signatures appear above.
`Dated: July 1, 2022
`
`
`
`/s/ Jeremy M. Goldman
`JEREMY M. GOLDMAN
`
`PURSUANT TO STIPULATION, IT IS SO ORDERED.
`
`July 1, 2022
`DATED:_____________________
`
`______________________________
`Hon. Edward M. Chen
`United States District Judge
`
`STIPULATION AND [PROPOSED] ORDER
`CASE NO. 3:21-cv-05502 EMC
`
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