Bischoff, et al v. Brittain, et al

Filing 8

STIPULATION AND TEMPORARY RESTRAINING ORDER signed by Judge Kimberly J. Mueller on 8/29/2014, nunc pro tunc to the time of submission of the parties' stipulation, VACATING the hearing and briefing dates set in the 5 Minute Order; GRANTING IN P ART the plaintiffs' 4 Motion as to the Temporary Restraining Order; ALLOWING the plaintiffs to supplement their moving papers by 9/5/2014; ORDERING the defendants to file a memorandum in opposition to the 4 Motion as to the Preliminary Injun ction by 9/12/2014; ORDERING the plaintiffs to file any reply memorandum by 9/19/2014; SETTING the Motion Hearing on the 4 Motion for Preliminary Injunction for 9/26/2014 at 10:00 AM in Courtroom 3 (KJM) before Judge Kimberly J. Mueller; ORDERING that this order remain in effect until dissolved by the Court. (Michel, G)

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Todd Espinosa (SBN 209591)
Law Office of Todd Espinosa
2000 Broadway Street, Suite 333
Redwood City, California 94063
650-241-3873 telephone
650-409-2550 facsimile
[e-mail]
Attorney for Plaintiffs Scott Bischoff and Leron Dempsey

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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SCOTT BISCHOFF and LERON DEMPSEY,

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Plaintiffs,

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v.

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SANDRA BRITTAIN; KEITH JOHNSON; and
RZM INVESTMENTS ENTERPRISE, LLC,

Case No. 2:14-cv-01970-KJM-CKD
STIPULATION AND TEMPORARY
RESTRAINING ORDER AND ORDER
SETTING BRIEFING AND HEARING
SCHEDULE ON PRELIMINARY
INJUNCTION

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Defendants.
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BISCHOFF, et al. v. BRITTAIN, et al., CASE NO. 2:14-cv-01970-KJM-CKD
STIPULATION AND ORDER ON TRO AND PRELIMINARY INJUNCTION

WHEREAS, Plaintiffs Scott Bischoff and Leron Dempsey (referred to herein as

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“Plaintiffs”) rent and reside in apartments at the Birchwood Gardens apartment complex at 1225

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Bell Street in Sacramento County, California that is owned and/or managed by the Defendants in

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this action (referred to herein as “Defendants”);
WHEREAS, on July 29, 2014, Defendants notified Plaintiffs of Defendants’ termination

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of Plaintiffs’ tenancies;
WHEREAS, on August 25, 2014, Plaintiffs filed the complaint in this action alleging,

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among other things, that Defendants’ termination of their tenancies at Birchwood Gardens is part

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of a discriminatory housing practice that is contrary to the federal Fair Housing Act, 42 U.S.C.

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§ 3604 and 3617, and a violation of the California Unruh Civil Rights Act, California Civil Code

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§ 51 and 51.2;

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WHEREAS, Defendants’ termination of Plaintiffs’ tenancies is effective August 31,
2014;

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WHEREAS, on August 27, 2014, Plaintiffs moved the Court for a temporary restraining

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order and preliminary injunction to prevent the termination of their tenancies and served copies

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of their motion papers on Defendants’ counsel, thereby providing notice to Defendants;

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WHEREAS, the Court has set the matter of Plaintiffs’ moved for temporary restraining

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order for hearing on August 29, 2014 at 1:30 p.m. and directed that Defendants’ opposition

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papers be filed by the close of business on August 28, 2014;

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WHEREAS, the Parties wish to avoid the potentially duplicative expenditure of counsel’s

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and the Court’s time and resources on contested motion practice related to both a temporary

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restraining order and preliminary injunction; and

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BISCHOFF, et al. v. BRITTAIN, et al., CASE NO. 2:14-cv-01970-KJM-CKD
STIPULATION AND ORDER ON TRO AND PRELIMINARY INJUNCTION

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WHEREAS, the Parties therefore agree to the issuance of the temporary restraining order
and the setting of a briefing and hearing schedule on the moved for preliminary injunction;
The Parties, through their undersigned counsel, hereby STIPULATE to the immediate
issuance of the following order by this Court:
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The hearing and briefing dates set in the Court’s August 27, 2014 minute order

(Docket No. 5) are hereby taken off calendar.
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Plaintiffs’ motion filed on August 27, 2014 (Docket No. 4) is granted in part as to

the temporary restraining order.
3.

Without making any determination regarding the lawfulness of Defendants’

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conduct at this time, the Thirty-Day Notices of Termination of Tenancy dated July 29, 2014 and

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the upcoming August 31, 2014 termination of Plaintiffs Scott Bischoff and Leron Dempsey’s

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tenancies in their apartments at the Birchwood Gardens apartment complex shall not be effective

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until the Court grants relief of this order.

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4.

Pending further order of the Court, and without prejudice to Defendants seeking

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relief from this order in event of any serious rental agreement violation, Defendants Sandra

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Brittain, Keith Johnson and RZM Investments Enterprise, LLC shall allow Plaintiffs Scott

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Bischoff and Leron Dempsey to remain in and use and enjoy their apartments at the Birchwood

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Gardens apartment complex, so long as Plaintiffs continue to pay their monthly rent.

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5.

Pending further order of the Court, and without prejudice to Defendants seeking

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relief from this order in event of any serious rental agreement violation, Defendants Sandra

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Brittain, Keith Johnson and RZM Investments Enterprise, LLC and anyone acting with them or

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on their behalf shall take no steps to displace, evict or remove Plaintiffs Scott Bischoff and Leron

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BISCHOFF, et al. v. BRITTAIN, et al., CASE NO. 2:14-cv-01970-KJM-CKD
STIPULATION AND ORDER ON TRO AND PRELIMINARY INJUNCTION

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Dempsey and shall not file any actions for possession of Plaintiffs’ apartments, including any

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unlawful detainer actions, so long as Plaintiffs continue to pay their monthly rent.
6.

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Pending further order of the Court, and without prejudice to Defendants seeking

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relief from this order in event of any serious rental agreement violation, Plaintiff Scott Bischoff

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shall continue to pay the monthly rent for his apartment in the amount of $665.00 per month as

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the rent comes due so long as he remains in his apartment. Plaintiff Leron Dempsey shall

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continue to pay the monthly rent for his apartment in the amount of $680.00 per month as the

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rent comes due so long as he remains in his apartment. Payment of rent shall be delivered to the

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Birchwood Gardens on-site manager’s office.

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7.

Defendants may file with the Court a memorandum in opposition to the moved

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for preliminary injunction no later than September 12, 2014. Plaintiffs may file a reply to

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Defendants’ memorandum no later than September 19, 2014. A hearing on the moved for

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preliminary injunction shall be held on September 26, 2014 at 10:00 a.m.
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Because, under the express terms of this order, Defendants will continue to

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receive rent for Plaintiffs’ apartments at the current rate, Defendants will suffer no meaningful

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costs or damages related to this order. Accordingly, Plaintiffs are not required to give security or

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bond under Rule 65(c) of the Federal Rules of Civil Procedure.

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BISCHOFF, et al. v. BRITTAIN, et al., CASE NO. 2:14-cv-01970-KJM-CKD
STIPULATION AND ORDER ON TRO AND PRELIMINARY INJUNCTION

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9.

This order shall remain in effect until dissolved by the Court.
Respectfully submitted,

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Date: August 28, 2014
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_______/s/ Todd Espinosa________________
Todd Espinosa
Law Office of Todd Espinosa
2000 Broadway Street, Suite 333
Redwood City, California 94063
[e-mail]
650-241-3873 telephone
650-409-2550 facsimile
Attorney for Plaintiffs Scott Bischoff and
Leron Dempsey

I hereby attest that I have on file all holograph signatures for any signatures indicated by
a "conformed" signature (/s/) within this e-filed document.
LAW OFFICE OF TODD ESPINOSA /s/ Todd Espinosa

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Date: August 28, 2014
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_______/s/ Richard M. Watts, Jr.
Richard M. Watts, Jr.
Millstone Peterson & Watts, LLP
2267 Lava Ridge Court, Suite 210
Roseville, CA 95661
[e-mail]
Ph: [phone] x102
Fx: [phone]
Attorney for Defendants Sandra Brittain, Keith
Johnson and RZM Investments Enterprise, LLC

I hereby attest that I have on file all holograph signatures for any signatures indicated by
a "conformed" signature (/s/) within this e-filed document.
MILLSTONE PETERSON & WATTS, LLP /s/ Richard M. Watts, Jr.

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BISCHOFF, et al. v. BRITTAIN, et al., CASE NO. 2:14-cv-01970-KJM-CKD
STIPULATION AND ORDER ON TRO AND PRELIMINARY INJUNCTION

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ORDER
Should plaintiffs wish to supplement their moving papers, they shall do so by September
5, 2014. The briefing schedule set forth above is otherwise approved.

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The parties’ stipulation is approved.

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IT IS SO ORDERED.

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DATED: August 29, 2014.
Nunc pro tunc to the
time of submission
of the parties’ stipulation.

UNITED STATES DISTRICT JUDGE

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BISCHOFF, et al. v. BRITTAIN, et al., CASE NO. 2:14-cv-01970-KJM-CKD
STIPULATION AND ORDER ON TRO AND PRELIMINARY INJUNCTION

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