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

Filing 127

REVISED STIPULATION AND ORDER MODIFYING TRIAL PREPARATION SCHEDULE; Signed by Judge Mariliyn Hall Patel on 12/3/2009. (awb, COURT STAFF) (Filed on 12/3/2009)

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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 November 25, 2009 (Document #125) establishing the following schedule: Amended Complaint: Disclosure of Witnesses (case-in-chief): 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. December 1, 2009 December 14, 2009 February 8, 2010 February 8, 2010 March 5, 2010 April 9, 2010 May 21, 2010 June 9, 2010 at 2:30 p.m. June 22, 2010 at 8:30 a.m. Plaintiffs, Defendants, and Real Parties in Interest have reached an agreement to settle

the action, and the settlement agreement has been approved by the public entities pursuant to public hearing requirements. The agreement has been submitted to HUD, and HUD has indicated that it will approve the agreement. However, the parties are awaiting HUD's written approval. The parties anticipate settlement will be complete, and that a request for dismissal pursuant to Federal Rules of Civil Procedure rule 41(a)(2) will be submitted to the Court by mid-December 2009. To facilitate HUD's final review of the agreement, the parties propose the following modification of the trial preparation and trial schedule: Amended Complaint: December 14, 2009

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

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Disclosure of Witnesses (case-in-chief): 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: 4.

December 14, 2009 February 8, 2010 February 8, 2010 March 5, 2010 April 9, 2010 May 21, 2010 June 9, 2010 at 2:30 p.m. June 22, 2010 at 8:30 a.m.

In the event that HUD's written approval is not received prior to December 14, 2009,

the parties agree that the above schedule may need to be further revised. DATED: 12/1/09 BAY AREA LEGAL AID CALIFORNIA AFFORDABLE HOUSING LAW PROJECT OF THE PUBLIC INTEREST LAW PROJECT

BY:

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

DATED:

12/1/09

GOLDFARB & LIPMAN 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; 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: 12/1/09
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/s/ Lisa Greif____________________ LISA GREIF Attorney for Plaintiffs

ORDER
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Good cause appearing therefore, IT IS SO ORDERED.

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

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