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

Filing 119

STIPULATION AND ORDER modifying trial and pretrial dates/deadlines: Jury Trial reset for 4/27/2010 08:30 AM in Courtroom 15, 18th Floor, San Francisco; Pretrial Conference reset for 4/7/2010 02:30 PM in Courtroom 15, 18th Floor, San Francisco; Signed by Judge Marilyn Hall Patel on 9/10/2009. (awb, COURT STAFF) (Filed on 9/10/2009)

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BAY AREA LEGAL AID LISA S. GREIF (State Bar No. 214537) NAOMI YOUNG (State Bar No. 105041) PHILLIP R. MORGAN (State Bar No. 99979) 1735 Telegraph Avenue Oakland, California 94612 Telephone: [phone] Facsimile: 510-663-4740 Email: [e-mail] [e-mail] [e-mail] CALIFORNIA AFFORDABLE HOUSING LAW PROJECT OF THE PUBLIC INTEREST LAW PROJECT DEBORAH COLLINS (State Bar No. 154532) MICHAEL RAWSON (State Bar No. 95868) CRAIG CASTELLANET (State Bar No. 176054) 449 15th Street, Suite 301 Oakland, California 94612 Telephone: [phone], ext. 156 Facsimile: 510-891-9727 Email: [e-mail] [e-mail] [e-mail] Attorneys for Petitioners ARROYO VISTA TENANTS ASSOCIATION, et al. E-FILED

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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

ARROYO VISTA TENANTS ASSOCIATION, et al. , Plaintiffs and Petitioners,

CASE NO. C 07-05794 MHP STIPULATION TO MODIFY TRIAL PREPARATION SCHEDULE AND TRIAL; [PROPOSED] ORDER

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vs.
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CITY OF DUBLIN, et al.,
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Defendants and Respondents. SCS DEVELOPMENT COMPANY, et al., Real Parties in Interest.

Stipulation to Modify Trial Preparation Schedule and Trial; [Proposed] Order (3:07-cv-05794 MHP)

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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 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 respective counsel: 1. Pursuant to the parties' Stipulation to Modify Trial Preparation Schedule and Trial,

the Court entered an Order on June 22, 2009 (Document #115) establishing the following schedule: Disclosure of Witnesses (case-in-chief) Amended Complaint Non-expert discovery cut-off: Expert disclosure and reports to be completed: Rebuttal expert disclosure: Expert discovery cut-off: Hearing of dispositive motions: Pre-trial conference: Trial: 3. September 10, 2009 September 25, 2009 November 10, 2009 November 10, 2009 December 9, 2009 January 6, 2010 February 22, 2010 March 4, 2010 at 2:30 p.m. March 23, 2010 at 8:30 a.m. Plaintiffs, Defendants, and Real Parties in Interest have engaged in productive

settlement negotiations since early July 2009 and requested a settlement conference with a Magistrate Judge to resolve one remaining issue. Unfortunately, it does not appear that Magistrate Judge LaPorte who was assigned for settlement purposes will be available before the end of the year. Therefore, the parties intend to participate in an alternative mediation through JAMS later this month. In order to continue the substantial progress towards settlement made to date, the parties propose the following modification of the trial preparation and trial schedule: Disclosure of Witnesses (case-in-chief): Amended Complaint: Non-expert discovery cut-off: October 9, 2009 October 23, 2009 December 10, 2009

Stipulation to Modify Trial Preparation Schedule and Trial; [Proposed] Order (3:07-cv-05794 MHP)

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Expert disclosure and reports to be completed: Rebuttal expert disclosure: Expert discovery cut-off: Hearing of dispositive motions: Pre-trial conference: Trial: 4.

December10, 2009 January 8, 2010 February 5, 2010 March 22, 2010 7 April 5, 2010 at 2:30 p.m. April 27, 2010 at 8:30 a.m.

In the event settlement discussions are unsuccessful and plaintiffs initiate an action to

challenge HUD's approval of DHA's application for disposition, the parties agree that the above schedule may need to be revised.

DATED:

9/10/09

BAY AREA LEGAL AID CALIFORNIA AFFORDABLE HOUSING LAW PROJECT OF THE PUBLIC INTEREST LAW PROJECT

BY:

_____/s/______________________ LISA GREIF Attorneys for Plaintiffs and Petitioners ARROYO VISTA TENANTS ASSOCIATION, RHENAE KEYES, ANDRES ARROYO, DARLENE BROWN, and ELISE VEAL

DATED:

9/10/09

GOLDFARB & LIPMAN MEYERS, NAVE, RIBACK, SILVER & WILSON

BY:

____/s/_________________________ JULIET E. COX Attorneys for Defendants and Respondents and for Real Parties in Interest DUBLIN HOUSING AUTHORITY; ALAMEDA COUNTY HOUSING AUTHORITY; CITY OF DUBLIN; SCS DEVELOPMENT COMPANY and EDEN HOUSING, INC.

Stipulation to Modify Trial Preparation Schedule and Trial; [Proposed] Order (3:07-cv-05794 MHP)

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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.

Dated: 9/10/09

/s/ ___________________________ LISA GREIF Attorney for Plaintiffs

ORDER

Good cause appearing therefore, IT IS SO ORDERED.

9/10/2009 DATED:_______________

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_______________________________ D UNITED STATES ORDERE JUDGE O DISTRICT
rilyn H dge Ma . Patel

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Stipulation to Modify Trial Preparation Schedule and Trial; [Proposed] Order (3:07-cv-05794 MHP)

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