Arroyo Vista Tenants Association et al v. City of Dublin et al

Filing 110

STIPULATION AND ORDER MODIFYING PRETRIAL SCHEDULES: Bench Trial reset for 3/2/2010 08:30 AM; Final Pretrial Conference set for 2/11/2010 02:30 PM; Signed by Judge Marilyn Hall Patel on 5/11/2009. (awb, COURT STAFF) (Filed on 5/12/2009)

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Goldfarb & Lipman LLP
1300 Clay Street

JAMES T. DIAMOND, JR., State Bar #131525
[e-mail] [e-mail]

ROBERT C. MILLS, State Bar #158097
[e-mail]

JULIET E. COX, State Bar #214401 GOLDFARB & LIPMAN LLP 1300 Clay Street, Ninth Floor Oakland, California 94612 Telephone: [phone] Facsimile: [phone] Attorneys for Defendants and Respondents and for Real Parties in Interest DUBLIN HOUSING AUTHORITY; HOUSING AUTHORITY OF THE COUNTY OF ALAMEDA; SCS DEVELOPMENT COMPANY; and EDEN HOUSING, INC.

[e-mail]

JOSEPH M. QUINN, State Bar #171898 MEYERS, NAVE, RIBACK, SILVER & WILSON 575 Market Street, Suite 2600 San Francisco, California 94105 Telephone: [phone] Facsimile: [phone] Attorneys for Defendant and Respondent CITY OF DUBLIN UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA ARROYO VISTA TENANTS ASS'N et al., Plaintiffs and Petitioners, v. CITY OF DUBLIN et al., Defendants and Respondents, SCS DEVELOPMENT COMPANY et al. Real Parties in Interest. STIPULATION TO MODIFY TRIAL PREPARATION SCHEDULE AND TRIAL; [PROPOSED] ORDER Case No.: 3:07-cv-05794-MHP

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Ninth Floor Oakland California
94612

Defendants and Respondents DUBLIN HOUSING AUTHORITY ("DHA"), HOUSING AUTHORITY OF THE COUNTY OF ALAMEDA ("HACA,"), and CITY OF DUBLIN (the "City") (together, "Defendants"); Real Parties in Interest SCS DEVELOPMENT COMPANY 1

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STIPULATION TO MODIFY TRIAL PREPARATION SCHEDULE & TRIAL; [PROPOSED] ORDER (3:07-cv-05794-MHP)
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Goldfarb & Lipman LLP
1300 Clay Street

dba CITATION HOMES CENTRAL ("Citation") and EDEN HOUSING INC. ("Eden") (together, "Real Parties"); and Plaintiffs and Petitioners ("Plaintiffs") ARROYO VISTA TENANTS ASSOCIATION, RHENAE KEYES, ANDRES ARROYO, DARLENE BROWN, and ELISE VEAL hereby stipulate, by and through their respective counsel: 1. As discussed with the Court at the status conference held in this action on

December 1, 2008, Defendants, Real Parties, and Plaintiffs expect the United States Department of Housing and Urban Development ("HUD") to act on Defendant DHA's application to HUD for permission to dispose of the public housing complex in Dublin known as Arroyo Vista. 2. As discussed further at the December 1, 2008, conference, if HUD's decision is to

approve DHA's application, Plaintiffs may elect to seek leave of this Court to amend their Petition and Complaint in this action to challenge that decision. Therefore, the Court instructed the parties to notify the Court within ten days of a decision by HUD and at such time, the Court will schedule a further status conference. 3. Because they believe that HUD's decision may require revisions to the schedule

for preparation and trial of this action, Defendants, Real Parties, and Plaintiffs have deferred discovery in anticipation of that decision. 4. As of the date of this stipulation, HUD has not given written notice of its action

on DHA's disposition application. 5. For these reasons, Defendants, Real Parties, and Plaintiffs jointly request that this

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Court modify the schedule for preparation and trial of this action by adding three months to the current schedule. Defendants, Real Parties, and Plaintiffs propose the following new schedule for this action: Disclosure of witnesses (case-in-chief) Non-expert discovery cutoff Expert disclosures Rebuttal expert disclosures Expert discovery cutoff Dispositive motion cutoff 2 July 10, 2009 September 11, 2009 September 25, 2009 October 30, 2009 December 4, 2009 January 29, 2010

Ninth Floor Oakland California
94612

510 836-6336

510 836-1035 FAX

STIPULATION TO MODIFY TRIAL PREPARATION SCHEDULE & TRIAL; [PROPOSED] ORDER (3:07-cv-05794-MHP)
1460\03\686998.2

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Goldfarb & Lipman LLP
1300 Clay Street

Pre-trial conference Trial 6.

On or after February 11, 2010 @ 2:30 p.m. 2 On or after March 1, 2010 @ 8:30 a.m.

Defendants, Real Parties, and Plaintiffs have no need for expedited scheduling at

this time, but agree to reconsider the need for an expedited schedule in the event HUD approves DHA's application for disposition of Arroyo Vista. DATED: May 6, 2009 GOLDFARB & LIPMAN LLP MEYERS, NAVE, RIBACK, SILVER & WILSON By: /s/ Juliet E. Cox JULIET E. COX Attorneys for Defendants and Respondents and for Real Parties in Interest DUBLIN HOUSING AUTHORITY; HOUSING AUTHORITY OF THE COUNTY OF ALAMEDA; CITY OF DUBLIN; SCS DEVELOPMENT COMPANY; and EDEN HOUSING, INC. BAY AREA LEGAL AID CALIFORNIA AFFORDABLE HOUSING LAW PROJECT OF THE PUBLIC INTEREST LAW PROJECT By: /s/ Lisa S. Greif LISA S. GREIF Attorneys for Plaintiffs and Petitioners ARROYO VISTA TENANTS ASSOCIATION, RHENAE KEYES, ANDRES ARROYO, DARLENE BROWN, and ELISE VEAL

DATED: May 6, 2009

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I hereby attest that I have on file all holograph signatures for any signatures indicated by a "conformed" signature (/s/) within this efiled document.

Ninth Floor Oakland California
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ORDER

Good cause appearing therefore, IT IS SO ORDERED.

UNIT ED

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ISTRIC ES D TC T TA

5/11/2009 DATED:___________________

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STIPULATION TO MODIFY TRIAL PREPARATION SCHEDULE & TRIAL; [PROPOSED] ORDER (3:07-cv-05794-MHP)
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