Millsmont Homeowners Association v. City of Oakland et al

Filing 59

STIPULATION REGARDING EXECUTION OF CONSENT DECREE; ORDER THEREON. Signed by Judge Maxine M. Chesney on December 12, 2008. (mmclc2, COURT STAFF) (Filed on 12/12/2008)

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Richard Roos-Collins (State Bar No. 127231) Julie Gantenbein (State Bar No. 224475) NATURAL HERITAGE INSTITUTE 100 Pine Street, Suite 1550 San Francisco, CA 94111 Telephone: [phone] Facsimile: [phone] Email: [e-mail] Attorneys for Plaintiff MILLSMONT HOMEOWNERS ASSOCIATION John A. Russo (State Bar No. 129729) City Attorney William E. Simmons (State Bar No. 121266) Deputy City Attorney OAKLAND CITY ATTORNEY 1 Frank H. Ogawa Plaza, 6th Floor Oakland, CA 94612 Telephone: [phone] Facsimile: [phone] Email: [e-mail] Attorneys for Defendant CITY OF OAKLAND UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA Christopher Locke (State Bar No. 101704) FARELLA BRAUN & MARTEL LLP 235 Montgomery Street, 17th Floor San Francisco, CA 94104 Telephone: [phone] Facsimile: [phone] Email: [e-mail] Attorneys for Defendant DESILVA GATES CONSTRUCTION, L.P.

MILLSMONT HOMEOWNERS ASSOCIATION, Plaintiff, vs. CITY OF OAKLAND and DESILVA GATES CONSTRUCTION, L.P., Defendants.

Case No. C 06 03955 MMC STIPULATION REGARDING EXECUTION OF CONSENT DECREE ; ORDER THEREON Courtroom: 7, 19th Floor Judge: Hon. Maxine M. Chesney

WHEREAS, on December 5, 2008, the Court, the Honorable Maxine M. Chesney presiding, granted plaintiff Millsmont Homeowners Association's ("MHA's") Motion for Order Approving Proposed Consent Decree, and entered judgment on the Consent Decree; WHEREAS, the signatures on behalf of defendants the City of Oakland ("City") and
STIPULATION REGARDING EXECUTION OF CONSENT DECREE, No. C 06 03955 MMC
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DeSilva Gates Construction, L.P. ("DeSilva") were not dated on the Consent Decree filed with the Court; and WHEREAS, the Court's entry of the Consent Decree was subject to counsel for the parties filing a stipulation on or before December 12, 2008, confirming the dates on which the Consent Decree was executed on behalf of the City and DeSilva. NOW, THEREFORE, by and through their undersigned counsel, MHA, the City and DeSilva hereby stipulate and agree as follows: 1. Counsel for the City has confirmed that the Consent Decree was executed on

behalf of the City by Dan Lindheim, Interim City Administrator, on or before September 2, 2008; 2. Counsel for DeSilva has confirmed that the Consent Decree was executed on

behalf of DeSilva by Ernest O. Lampkin, Vice President and CFO, on August 21, 2008; and 3. The Consent Decree shall be deemed executed on behalf of the City and DeSilva,

respectively, on the dates referenced in paragraphs 1 and 2 above. SO STIPULATED: DATED: December 10, 2008 NATURAL HERITAGE INSTITUTE By: /s/ Richard Roos Collins Richard Roos-Collins Attorneys for Plaintiff MILLSMONT HOMEOWNERS ASSOCIATION DATED: December 10, 2008 OAKLAND CITY ATTORNEY By: /s/ William Simmons William Simmons Attorneys for Defendant CITY OF OAKLAND DATED: December 10, 2008 FARELLA BRAUN & MARTEL LLP By: /s/ Christopher Locke Christopher Locke Attorneys for Defendant DESILVA GATES CONSTRUCTION, L.P.
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Dated: December 12, 2008