Concord Communities, L.P. et al v. The City of Concord et al

Filing 44

ORDER GRANTING 43 Stipulation of Dismissal. Signed by Judge Jeffrey S. White on March 16, 2009. (jswlc3, COURT STAFF) (Filed on 3/16/2009)

Case 3:05-cv-04094-JSW

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Filed 03/13/2009

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1 ROBERT S. PERLMUTTER, SBN 183333 GABRIEL M. B. ROSS, SBN 224528 2 SHUTE, MIHALY & WEINBERGER LLP 396 Hayes Street 3 San Francisco, CA 94102 Tel: [phone] Fax: [phone] Email: [e-mail] 5 Email: [e-mail] 6 CRAIG LABADIE, SBN 101681 MARK S. COON, SBN 128122 7 OFFICE OF THE CITY ATTORNEY OF THE CITY OF CONCORD 1950 Parkside Drive M/S 08 8 Concord, CA 94519 Tel: [phone] Fax: [phone] Email: [e-mail] 10 Attorneys for Respondents 11 CITY OF CONCORD et al. 12 13 14 15 CONCORD COMMUNITIES, L.P., d/b/a Adobe Mobile Lodge and d/b/a Diablo Mobile 16 Lodge; ADOBE ASSOCIATES, LLC, d/b/a Adobe Mobile Lodge; DIABLO 17 ASSOCIATES, LLC, d/b/a Diablo Mobile L odge , 18 P e titio n e r s , 19 v. 20 CITY OF CONCORD; CITY OF CONCORD 21 CITY COUNCIL; and CITY OF CONCORD RENT REVIEW BOARD, 22 R e s p o n d e n ts , 23 a nd 24 TENANTS RESIDING AT ADOBE MOBILE 25 LODGE AND DIABLO MOBILE LODGE 26 27 28
Case No. C05-04094 JSW JOINT STATUS REPORT

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

Real Parties in Interest.

) Case No. C05-04094 JSW ) ) ) ) ) JOINT STATUS REPORT AND ) REQUEST FOR DISMISSAL OF ) CASE [Federal Rules of Civil ) Procedure, Rule 41(a)] ) AND ORDER THEREON ) ) ) ) ) ) ) ) ) ) ) ) ) )

Case 3:05-cv-04094-JSW

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1

Pursuant to this Court's February 23, 2006 order granting Respondents' Motion to

2 Dismiss or Abstain ("Order") and its March 2, 2009 Order Requiring Joint Status 3 Reports, Respondents City of Concord, City of Concord City Council, and City of 4 Concord Mobilehome Rent Review Board (collectively, "City"), along with Petitioners 5 Concord Communities, L.C., Adobe Associates, LLP, and Diablo Associates, LLP, file 6 this joint status report concerning this case and the related cases in state court. 7 PETITIONERS' POSITION AND REQUEST FOR DISMISSAL: 8 This case arises out of administrative proceedings conducted pursuant to the City

9 of Concord's mobilehome rent control ordinance. As indicated in the parties' last joint 10 status report, filed on August 14, 2008, the Petitioners have sold the two mobilehome 11 parks that were the subject of the underlying administrative proceedings. As a result of 12 the sale of the two mobilehome parks, the Petitioners have decided not to pursue this 13 action or the state court administrative mandamus proceedings. Accordingly, the 14 Petitioners request that this action be dismissed, pursuant to Rule 41(a) of the Federal 15 Rules of Civil Procedure, with each party to bear its own attorneys fees and costs. 16 Although the underlying state court administrative mandamus proceedings have

17 not been served on the Respondents, the Petitioners will file a request for dismissal of 18 those state court proceedings within the next thirty (30) days. 19 RESPONDENTS' POSITION AND REQUEST FOR DISMISSAL: 20 The Respondents join in the Petitioners' request that this action be dismissed

21 pursuant to Rule 41(a) of the Federal Rules of Civil Procedure, with each party to bear its 22 own attorneys fees and costs. 23 24 Dated: March 13, 2009 25 26 27 28
Case No. C05-04094 JSW JOINT STATUS REPORT

SHUTE, MIHALY & WEINBERGER LLP By: /s/ ROBERT S. PERLMUTTER Attorneys for Respondents CITY OF CONCORD; CITY OF CONCORD CITY COUNCIL; and CITY OF CONCORD RENT REVIEW BOARD

1

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1 Dated: March 13, 2009 2 3 4 5 6 7 8 9 10 11
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LAW OFFICES OF ANTHONY C. RODRIGUEZ By: /s/ ANTHONY C. RODRIGUEZ Attorneys for Petitioners CONCORD COMMUNITIES, L.P., d/b/a Adobe Mobile Lodge and d/b/a Diablo Mobile Lodge; ADOBE ASSOCIATES, LLC, d/b/a Adobe Mobile Lodge; DIABLO ASSOCIATES, LLC, d/b/a Diablo Mobile Lodge

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Case No. C05-04094 JSW JOINT STATUS REPORT

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Case 3:05-cv-04094-JSW

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