Park Village Apartments Tenants Association et al v. Mortimer Howard Trust et al

Filing 92

STIPULATION AND ORDER TO CONTINUE SETTLEMENT CONFERENCE: Settlement Conference reset to 6/22/2012 at 9:30 AM in Courtroom C, 15th Floor, San Francisco. Signed by Magistrate Judge Laurel Beeler on 5/17/2012. (ls, COURT STAFF) (Filed on 5/17/2012)

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BAY AREA LEGAL AID
LISA GREIF, State Bar No. 214537
NAOMI YOUNG, State Bar No. 105041
ROBERT P. CAPISTRANO, State Bar No. 70382
1735 Telegraph Avenue
Oakland, California 94612
Telephone: [phone]
Facsimile: 510-663-4740
Email: [e-mail]
[e-mail]
[e-mail]
NATIONAL HOUSING LAW PROJECT
JAMES R. GROW, State Bar No. 83548
KENT QIAN, State Bar No. 264944
703 Market St. Suite 2000
San Francisco, CA 94103
Telephone: [phone]
Facsimile: 415-546-7007
Email: [e-mail]
[e-mail]
Attorneys for Plaintiffs PARK VILLAGE APARTMENTS TENANTS
ASSOCIATION, FOSTER, et al.
E-FILED

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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA

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PARK VILLAGE APARTMENTS
TENANTS ASSOCIATION, WILLIAM
FOSTER, SHIRLEY SMITH, ANAHID
ISSAHAKIAN, PATRICIA JOHNSON,
MARTIN KOCH, LAWRENCE LEE,
FOSTER REUBEN, MARIA LILLIAN
SANCHEZ, ALISON WRIGHT and
CORNELIUS WEEKLEY,

Case No. C-09-4780 EDL
JOINT REQUEST TO CONTINUE
SETTLEMENT CONFERENCE AND
[PROPOSED] ORDER

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Plaintiffs,

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v.

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MORTIMER HOWARD TRUST,
MORTIMER R. HOWARD,

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Defendants.

Joint Request to Continue Settlement Conference and [Proposed] Order
Case No. 09-4780 EDL

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Plaintiffs, PARK VILLAGE APARTMENT TENANTS ASSOCIATION, et al. (Plaintiffs)
and Defendants, MORTIMER HOWARD TRUST and MORTIMER HOWARD (Defendants), in
the above-entitled action, by and through respective counsel, hereby request that the settlement
conference with Magistrate Judge Beeler, be continued to June 22, 2012 at 9:30 a.m.

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The reasons for this continuance request include:

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1.

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The parties are currently engaged in settlement discussions and significant progress

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has been made toward a final stipulated agreement to make the preliminary injunction upheld by

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the Ninth Circuit on February 24, 2011 permanent.

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2.

This agreement will be a resolution of all issues and will include a dismissal of the

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The parties agree that only a few negotiation points remain and feel it would be more

case.

productive at this time to continue settlement negotiations between themselves with the goal of a
final resolution.

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Additionally, Defendants also request that the deadline for filing the answer also be
extended to June 21, 2012, the day before the reset settlement conference date.

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RESPECTFULLY SUBMITTED,
BAY AREA LEGAL AID
Lisa S. Greif
Naomi Young
Robert Capistrano

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NATIONAL HOUSING LAW PROJECT
James R. Grow
Kent Qian

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Dated: 5/16/2012

/s/ Lisa S. Greif
Lisa S. Greif
Attorneys for Plaintiffs

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Joint Request to Continue Settlement Conference and [Proposed] Order
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Case No. 09-4780 EDL

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SWIHART AND ASSOCIATES
Thomas Swihart

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Dated: 5/15/2012

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/s/ Thomas M. Swihart
Thomas M. Swihart
Attorneys for Defendants

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I hereby attest that I have on file all holograph signatures for any signatures indicated by a

7 "conformed" signature (/s/) within this efiled document.
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9 Dated: 5/16/2012
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By: /s/ Lisa S. Greif
LISA S. GREIF
Attorneys for Plaintiffs

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Joint Request to Continue Settlement Conference and [Proposed] Order
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Case No. 09-4780 EDL

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ORDER

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The Court having read and considered the Parties’ request to continue the settlement
conference and good cause appearing,
IT IS ORDERED that the request is granted.

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June 22, 2012 at 9:30 a.m.
The settlement conference will be reschedule to ___________________________ and

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June 21, 2012
Defendants’ answer will be due on ____________________________.

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The Notice and Scheduling Order issued on January 24, 2012, Docket No.84
remains in affect.

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May 17, 2012
DATED:_______________

_______________________________
UNITED STATES DISTRICT JUDGE
Laurel Beeler

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Joint Request to Continue Settlement Conference and [Proposed] Order
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Case No. 09-4780 EDL