Contra Costa County Redevelopment Agency v. Housing Authority of Contra Costa County et al

Filing 12

STIPULATION AND ORDER to Continue Case Management Conference. Initial Case Management Conference set for 1/30/2012 01:30 PM in Courtroom 12, 19th Floor, San Francisco. Signed by Judge Thelton E. Henderson on 10/20/2011. (tmi, COURT STAFF) (Filed on 10/21/2011)

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1 2 3 MELINDA HAAG (CSBN 132612) United States Attorney JOANN M. SWANSON (CSBN 88143) Chief, Civil Division CHARLES M. O’CONNOR (CSBN 56320) Assistant United States Attorney 4 5 6 7 8 U.S. Attorney’s Office/Civil Division 450 Golden Gate Avenue, Box 36055 San Francisco, California 94102-3495 Telephone: (415) 436-7180 Facsimile: (415) 436-6748 Email: charles.oconnor@usdoj.gov Attorneys for Federal Defendant U.S. Department of Housing and Urban Development 9 10 UNITED STATES DISTRICT COURT 11 NORTHERN DISTRICT OF CALIFORNIA 12 13 14 15 16 17 18 19 20 21 CONTRA COSTA COUNTY REDEVELOPMENT AGENCY, a public body, corporate and politic, ) ) ) ) Plaintiff, ) ) v. ) ) HOUSING AUTHORITY OF CONTRA ) COSTA COUNTY, a political subdivision ) of the State of California; UNITED ) STATES DEPARTMENT OF HOUSING ) AND URBAN DEVELOPMENT; and ) DOES ONE THROUGH TWENTY, and ) all other persons unknown claiming an ) interest in the property, ) ) Defendants. ) ____________________________________) Case No. 11-3605 TEH STIPULATION TO CONTINUE CASE MANAGEMENT CONFERENCE ORDER AS MODIFIED (Proposed) Date: November 7, 2011 Time: 1:30 p.m. 22 Plaintiff, Contra Costa County Redevelopment Agency, filed the Complaint in the Superior 23 Court of California, Contra Costa County, seeking to acquire real property by exercise of the power 24 of eminent domain. The subject real property is owned by the Housing Authority of Contra Costa 25 County (“Housing Authority”) and was previously operated for the purpose of providing low-income 26 public housing but is vacant at this time. The United States Department of Housing and Urban 27 Development (hereafter “HUD”) holds an interest in the subject property pursuant to a Declaration of 28 Trust executed by the Housing Authority. Stipulation and Order to Continue Case Management Conference Contra Costa Co. Redevelop. Agency v. Housing Authority C 11-3605 In order for the Housing Authority to dispose of the subject property and for the eminent 1 2 domain matter to proceed without objection, the Housing Authority must apply to HUD and ask that 3 HUD release its Declaration of Trust on the subject property. To comply with all applicable HUD 4 regulations and policies, HUD’s Special Application Center is currently reviewing the Housing 5 Authority’s request for HUD to release the Declaration of Trust. After that review is complete, 6 HUD’s Special Application Center will decide whether the Declaration of Trust can be released and 7 disposal of the public housing units at issue in this case can be completed. This process, currently 8 underway, will require several addition weeks and must be completed prior to HUD disclaiming its 9 interest in the subject property. In the meantime, the parties’ ask that the Court postpone the Case 10 Management Conference for 75 days to allow completion of the process. 11 IT IS HEREBY STIPULATED and requested by the parties, through their respective 12 undersigned counsel, that the case management conference now set for November 7, 2011 be 13 continued for approximately 75 days to allow time for HUD to process the release of the Declaration 14 of Trust, which would allow the Trust to disclaim its interest in the subject property. The parties 15 believe it likely that completion of that process will eliminate the need for conducting a case 16 management conference in this matter. For all the forgoing reasons the parties respectively ask that the case management conference 17 18 be continued approximately 75 days. Respectfully submitted, 19 20 Dated: October 20, 2011 21 22 MELINDA L. HAAG United States Attorney /s/ CHARLES M. O’CONNOR Assistant United States Attorney 23 24 Attorneys for the United States 25 26 // 27 // 28 // Stipulation and Order to Continue Case Management Conference Contra Costa Co. Redevelop. Agency v. Housing Authority C 11-3605 -2- 1 2 Dated: October 20, 2011 SHARON L. ANDERSON Contra Costa County Counsel 3 /s/ STEPHEN M. SIPTROTH Deputy County Counsel 4 5 Attorneys for Plaintiff 6 7 8 ORDER 9 10 11 IT IS SO ORDERED. The case management conference in the above-captioned case is continued to January 30, 2012, at 1:30 PM. The parties shall file a joint case management 12 conference statement on or before January 23, 2012. 13 14 15 Dated: October 20, 2011 UNITED STATES DISTRICT JUDGE Northern District of California 16 17 18 19 20 21 22 23 24 25 26 27 28 Stipulation and Order to Continue Case Management Conference Contra Costa Co. Redevelop. Agency v. Housing Authority C 11-3605 -3-

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