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Stipulated Motion for Stay 1834861v2 30014/0049834861v2 30014/0049834861v2 30014/0049834861v1 3

McDONOUGH HOLLAND & ALLEN PC 

HARRIET A. STEINER (SBN 109436) 

KARA K. UEDA (SBN (SBN 210044) 

Attorneys at Law 

555 Capitol Mall, 9th Floor 

Sacramento, CA 95814 

Phone: 916.444.3900 

Fax: 916.444.8334 

Attorneys for Defendants/Respondents City of Davis 

and City Council of the City of Davis 

UNITED STATES DISTRICT COURT 

EASTERN DISTRICT OF CALIFORNIA 

SACRAMENTO VALLEY LIMITED 

PARTNERSHIP, a California limited 

partnership dba VERIZON WIRELESS, 

Plaintiff and Petitioner, 

v. 

CITY OF DAVIS; and CITY COUNCIL OF 

THE CITY OF DAVIS, 

Defendants and Respondents. 

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No. S-04-0744 LKK DAD 

STIPULATION AND ORDER TO STAY 

ALL PROCEEDINGS PENDING 

SETTLEMENT 

Hearing : July 18, 2005 

Time: 10:00 a.m. 

Courtroom: 4 

Judge: Hon. Lawrence K. Karlton

STIPULATED MOTION TO STAY ALL PROCEEDINGS AND 

MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF 

Pursuant to Local Rule 83-143, Plaintiff and Petitioner Verizon Wireless and Defendants and 

Respondents the City of Davis and City Council of the City of Davis hereby move this Court to stay 

all proceedings in this case and request that all future dates and deadlines, including the date of trial, 

set forth in the Court’s Status (Pretrial Scheduling) Conference Order dated April 22, 2005 be 

vacated stayed pursuant to this stipulation. 

The parties request a stay as they are in the process of settling this case. The parties have 

drafted a settlement agreement,, attached hereto as Exhibit A, but settlement is contingent, however, 

on the Davis Planning Commission’s approval of Verizon’s Conditional Use Permit application. As 

tThe Planning Commission’s decision may be appealed by any interested person, including Verizon 

Case 2:04-cv-00744-LKK -DAD Document 23 Filed 07/12/05 Page 1 of 3
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Stipulated Motion for Stay 2834861v2 30014/0049834861v2 30014/0049834861v2 30014/0049834861v1 3

or a member of the public, to the City Council. , tThe parties cannot guarantee that either the 

Planning Commission or this case will settle. As the parties cannot predict when or if the Planning 

Commission or the City Council will approve Verizon Wireless’ Conditional Use Permit 

application., 

and iIn the interest of conserving both the parties’ and the Court’s resources, the parties 

hereby request that all matters in this case be stayed in accordance with the attached Settlement 

Agreement until, and including, January 30, 2006. Pursuant to the attached Settlement Agreement, 

iIf this case is not settled by the last dateJanuary 30, 2006, permissible under the Settlement 

Agreement, the parties will so inform this Court and shall request a revised Scheduling Order. If 

settlement of this case is reached on terms acceptable to Verizon Wireless, and as set forth in the 

Settlement Agreement, Verizon Wireless will dismiss its lawsuit. 

Accordingly, the parties in this case respectfully request that the Court grant the requested 

stay and vacate stay all future dates and deadlines set forth in the Court’s Status (Pretrial Scheduling) 

Conference Order dated April 22, 2005, until January 30, 2006. The parties have reserved a hearing 

date but respectfully request that this stipulation be signed without oral argument. 

DATED: June , 2005 McDONOUGH HOLLAND & ALLEN PC 

 Attorneys at Law 

By: signature on original

HARRIET A. STEINER 

KARA K. UEDA 

Attorneys for Defendants/Respondents 

City of Davis and City Council of the City of Davis 

DATED: June , 2005 MACKENZIE & ALBRITTON 

By: signature on original

JAMES A. HEARD 

Attorneys for Plaintiff/Petitioner Verizon Wireless 

Case 2:04-cv-00744-LKK -DAD Document 23 Filed 07/12/05 Page 2 of 3
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Stipulated Motion for Stay 3834861v2 30014/0049834861v2 30014/0049834861v2 30014/0049834861v1 3

IT IS ORDERED that the above-captioned case is STAYED until January 30, 2006. 

DATED: July 11, 2005 

/s/Lawrence K. Karlton

 Hon. Lawrence K. Karlton 

Case 2:04-cv-00744-LKK -DAD Document 23 Filed 07/12/05 Page 3 of 3