Likely issue a final judgment sometime in the next ten to 30 days. Any Party Associated with this lawsuit can file for an appeal. That process can take anywhere from nine to 24 months. Were looking at a very long process here. Nbc bay area news. Lets give you a look now at the timeline of pension reform in san jose. San Jose City Council approved to add the measure b to the ballot on december 6th 2011. Voters aproved it in june of 2012. Today in the court ruling, it stated the city cannot cut employee pensions. Our coverage continues on our website. All you need to do is click on investigations. Then go to a look back, questioning pensions. Nbcbayarea. Com. Now a followup. Late this afternoon redwood city leaders outlined their plans to keep the Community Safer by keeping tabs on a recycling plant after two recent fires. City leaders say simms must now have 24 7 staffing with a minimum of three people at the facility as well as other requirements. They wont have any scraps of metals in piles around the facility. We think it was the origin of the last two fires. They have committed to reporting any injuries, accidents of any nature, that occur at the facility during the course of these 60 days. Simms released this statement today, saying they will comply with the city requirements. Our primary goal is to earn back the respect of the city. It started at about 1 30 this afternoon. Firefighters put the fire out in about 30 minutes, but the home was destroyed. No one was home when that fire broke out. The cause of the fire is under investigation. A judge ordering today Childrens Hospital to keep the 13yearold alive until december 30th. Doctors at the hospital declared her brain dead, but her family believes she can recover. We are live at Childrens Hospital. The judge also appointing a doctor from stanford to give a Second Opinion on the case. Reporter thats right. His name is dr. Paul fisher. He is here right now at oaklands Childrens Hospital doing tests right now. He will conduct a brain scan on her and inject dye into her bloodstream today. The morning started with a march from Childrens Hospital oakland to the courthouse. I really care. We want to keep her on life support. We know she can pull through. Reporter family and friends have faith the 13yearold girl declared brain dead will recover from complications from tonsil surgery at Childrens Hospital. Dr. Paul fisher will determine if the teenager is legally dead. Were looking forward to the review by dr. Paul fisher, which will occur later today. He is a pediatric neurologist. Reporter she came to the hospital two weeks ago to get a tonsillectomy. There were complications from what the hospital calls a complex surgery. I feel like my daughter is on death row. I never know when theyre going to pull the plug or make that decision. Im really just praying on it. Just give her more time. Reporter the familys attorney was able to buy more time for the girl. He was able to get a Court Ordered stay. She will remain on a ventilator until december 30th. Until then, the family still has concerns about the care she is getting while in the hospital. They say her ventilator was adjusted. That was brought up in court today. The judge seemed to trust it was a necessary adjustment for her care. The family does not want this hospital making changes without them being notified, which is their legal right and without it being directed by an independent physician. Not by childrens. Reporter the family attorney asked for a third opinion today from a doctor out of ohio. The judge has yet to make a decision on that. Dr. Fisher will release his findings in Court Tomorrow at 9 30. A small puppy discovered in a recycling yard has an outpouring of support. A poodle was on a conveyor belt. She had bite wounds to her neck. The puppy now named gem is expected to make a full recovery. The puppy story has touched the public. Were being flooded with calls from people who want to adopt her. We have already received 100 phone calls this morning alone. Animal control will likely hold a lottery to pick a new home for the dog if the owner doesnt come forward. Those responsible for the dogs injuries could face criminal charges. A live look over san jose where you can see for yourself it is smoggy outside. It prompts a health warning. We have just had the most bizarre december. We have. From fall into winter, the way things are going, looks like were not going to get any more measurable rain for the year. Smoke pollution extremely high as we head into tomorrow. Another spare the air alert for tuesday. Where things make an unusual twist will be during the day on tuesday where air quality gets worse around the bay area. By wednesday, unhealthy for everyone. Not just the folks who have asthma or respiratory issues. The air quality reaching its worst right around there on christmas day. As we go into thursday and friday, still very likely seeing spare the air days as temperatures could break records too as we head towards christmas day. Well have more on that unusual part of the forecast coming up in just a few minutes. A close call during one of the busiest travel days during the year. What caused this airplane to skid off a runway. The growing fallout. What the massive data breach did that targets bottom line and how consumers are fighting bo i. Were at the mall tonight. Coming up, last minute Shopping Tips and the hours the mall will be open tonight and tomorrow. M thats my kind of holiday. Wrap it up, pop, lock and shop, buyin presents that i forgot. Thats my holiday. Happening right now, take a look at the live picture at this incredible rush to get somebody something. The Holiday Shopping rush. It is packed. Our nbc chopper is overhead. Im sorry, this is santana row. People are going to be shopping wherever anything is for sale. We are in the middle of the chaos. You are inside valley fair. Im thinking it is a mad house. Am i right . Reporter it really is. A lot of those drivers are on their way to the mall. Weve seen people here all day long visiting stores and visiting santa. It was all smiles on santas lap today, but it took awhile to get there thanks to lines that rivalled disney rides. One of the ways west field valley fair tried to help lastminute shoppers who came through the mall all day long. I always come out a few days before christmas to get my gifts. How does that work for you . Theyre out of pretty much everything im looking for, but i find something that works. His sister, my daughter, and my wife. I need to find those lastmendelastMendel Mendel mendel reporter some late shoppers were still skeptical. Did you find some good deals or anything . You know, its hard to say. I think they mark everything up and then they say it is marked down. You feel youre getting a good deal. Reporter so prepare for a lot of walking as you search for those barely free christmas bargains. Back here at the mall, you can still shop here until 11 00. The mall also opens tomorrow morning at 7 00 and stays open until 6 00 p. M. Im told the majority of shoppers on december 24th at the mall are men. There you go. Nbc bay area news. Thank you. Im going to be one of them. Duh . Duh, what . Lets take another look at traffic. Yellow is slowing down. Theres some congestion, but fear not. You can still get in and get your shopping done. Few fallout tonight from that massive data breach at target. Sales at the retail giant dipped slightly over the weekend. A handful of lawsuits have already been filed against the retailer. Target offering discounts and apologies and promising zero liability for charges they didnt make. Its unfair to blame the retailer, which is also a victim here. Target has spent a lot of money on payment card security and they were compliant with all the latest security standards. The chief suspects would be sophisticated criminals who studied target or privileged insiders. Reporter j. P. Morgan says it is limiting cash purchases on certain days. Check it out. The plane slid off the taxiway on to the grassy area at Detroit Metro this morning. None of 180 passengers were hurt. The plane may have hit some black ice. Saying goodbye to 42 years of history. Take a live look at Candlestick Park where tonight the 49ers will be playing their last regular season game at the stadium before it is demolished sometime next year. Fans are celebrating, i guess you could say, four decades of memories. Reporter celebrating a little bit of sadness, but everyone here is excited. Weve been talking about that last game here at candlestick for a long time and it is finally here. Thousands of people are heading into candlestick to watch that last game. They are soaking up the atmosphere many have been a part of since 1971. They are digging out decades of memorabilia and wearing it proudly. The San FranciscoPolice Department has extra staff out here tonight. Lots of people may be tempted to take some kind of momento. There will be events for that in the coming years. It is a sad night. Its sad. Its not bittersweet. San francisco needs to stay in San Francisco. It is so important for everybody to be cool and classy tonight so the entire country and every other team in the nfl can see how its done. Reporter the staff did the final paint job on the turf today. It is the end of an era and a family tradition. Most will agree that candlestick lacks modern day conveniences. This final game at the stick will be quite comfortable for thousands of fans who are heading inside. The kickoff is at 5 40. I expect to see a lot of fans waving these flags as they cheer on the 49ers for what they hope will be the final victory here at candlestick. Nbc bay area news. The park is filled with a lot of memories. Some good, some painful, and some have nothing to do with sports. The stick played host to the leader of the Catholic Church in 1987. Pope john paul ii had a mass there. 49ers quarterback joe montana says that night was the most memorable experience in the park. I was there for the world series and we felt the earthquake and the lights went out. My wife is saying, we have to get out of here. Im saying, no we have to say. We have to watch the game. Hes not going to be there for tonights sendoff. He was in louisiana over the weekend to watch his son nick play in the new orleans bowl. Visit our website nbcbayarea. Com and search candlestick. What is the end of an era forecast exactly . Unusual weather as were seeing dry conditions. Not too much wind. The Field Holding up pretty well. No recent rain, but for the game it looks great out there. Upper 50s in San Francisco. The view from emeryville and back across the bay, youre looking at all the smoke pollution that is getting worse. The winds typically this time of year is a strong sea breeze. Were seeing the opposite of that. Light winds slightly offshore. Transporting unhealthy air from the central valley. Tomorrow another spare the air day. Another one for wednesday on into thursday as well. It is the wednesday forecast which is unique. As High Pressure builds in, we will see a chance for areas to climb into the low 70s. The storm track is off to the north. Look at that into San Francisco. Maybe mid 70s south of downtown san jose. Those would smash records for christmas day. The opposite end of the spectrum is that same High Pressure acting like a ceiling. It traps all the smoke below. It is highly unusual to see air pollution this bad in the bay area. Normally we have storms coming through. We do not have any storms not just through the middle of the week, but the future cast taking us into the last full weekend of the year here. Youll notice some clouds coming in, but no rain for the weekend. That is a slight push of on shore winds that will hopely improve air quality, but no rain. San jose getting up to 69 degrees tomorrow. Close to 70 in the warmer spots, including the peninsula and San Francisco. Trivalley, pleasanton up to 71 degrees. These should break records. For your outdoor plans, take a look at some of the shopping forecast temperatures for tomorrow around valley fair, another spot that will get close to 70 degrees. A sneak preview of the christmas forecast around northern california, 70s on the board for san jose. Back to you. Still ahead, a new study that explains why men are more likely to get the flu than women. Now to a bay area followup. Not so fast and furious. It was announced the next installment of the franchise will be delayed. Paul walker died last month in a horrific car crash. It will be released april 10th 2015. He will still appear in the f m film. No word yet on what caused the deadly crash that led to walkers death. But speed was a factor in that crash. A new study shows that men are more likely to get the flu than women. Researchers have found that men have weaker immune systems making them more vulnerable to severe infections. A new report links men with higher levels of testosterone with little to no effects with the flu vaccine. Pregnant women who eat nuts or Peanut Butter are not raising the risk of their children having nut allergies. More than 8,000 children were examined that were born to nurses. A food center collected thousands of dollars in donations from customers only to give it back. This year they raised 88,000 in one month. They say it is part of their culture to always share and help another, especially in a time of need. Its a pleasure. Its a privilege to be able to give to others, perhaps to provide to another family or individual who you may not meet in person, but whatever youre giving today is going to benefit them. Money will be spread out through various kmucommunities t need the most help. Each bag costs just 10. You can purchase one at the safeway in your neighborhood. Food drive runs through christmas. There you saw garvin and some of us who were out there during the thanksgiving holiday. Were back in a moment with a look at what santas been up to. The clock is ticking to christmas and needless to say, santa and he has elves are busy. We have the inside scoop on the lastminute preparations underway at the north pole. We are there. Actually, he really is. Hell have a full report tonight at 6 00, including a look at the special team. He has such an in with santa every year. Thanks for joining us. Nightly news is next. Well see you at 6 00. On our broadcast tonight, swiped. After the big hit at target, a huge case of identity theft. Questions tonight about how much longer well continue to use the current generation of credit cards to make a purchase. On the move, a big ice storm sliding from west to east at the worst time. Its left hundreds of thousands in the dark and cold. Its slow going for families trying to get home. Rescue mission. In a new part of the world, americans are trapped and the marines are going in to get them. What are the odds . A big study out tonight about Food Allergies providing an answer to a question a lot of women have been asking for years. And santas helpers making a difference this christmas season. Nightly news begins now. Thi season. Nightly news begins now. Maki a