Contra Costa County Redevelopment Agency v. Housing Authority of Contra Costa County et al
Filing
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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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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
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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
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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CONTRA COSTA COUNTY
REDEVELOPMENT AGENCY, a public
body, corporate and politic,
)
)
)
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Plaintiff,
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v.
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HOUSING AUTHORITY OF CONTRA
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COSTA COUNTY, a political subdivision )
of the State of California; UNITED
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STATES DEPARTMENT OF HOUSING )
AND URBAN DEVELOPMENT; and
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DOES ONE THROUGH TWENTY, and
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all other persons unknown claiming an
)
interest in the property,
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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.
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Plaintiff, Contra Costa County Redevelopment Agency, filed the Complaint in the Superior
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Court of California, Contra Costa County, seeking to acquire real property by exercise of the power
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of eminent domain. The subject real property is owned by the Housing Authority of Contra Costa
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County (“Housing Authority”) and was previously operated for the purpose of providing low-income
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public housing but is vacant at this time. The United States Department of Housing and Urban
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Development (hereafter “HUD”) holds an interest in the subject property pursuant to a Declaration of
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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
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domain matter to proceed without objection, the Housing Authority must apply to HUD and ask that
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HUD release its Declaration of Trust on the subject property. To comply with all applicable HUD
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regulations and policies, HUD’s Special Application Center is currently reviewing the Housing
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Authority’s request for HUD to release the Declaration of Trust. After that review is complete,
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HUD’s Special Application Center will decide whether the Declaration of Trust can be released and
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disposal of the public housing units at issue in this case can be completed. This process, currently
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underway, will require several addition weeks and must be completed prior to HUD disclaiming its
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interest in the subject property. In the meantime, the parties’ ask that the Court postpone the Case
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Management Conference for 75 days to allow completion of the process.
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IT IS HEREBY STIPULATED and requested by the parties, through their respective
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undersigned counsel, that the case management conference now set for November 7, 2011 be
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continued for approximately 75 days to allow time for HUD to process the release of the Declaration
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of Trust, which would allow the Trust to disclaim its interest in the subject property. The parties
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believe it likely that completion of that process will eliminate the need for conducting a case
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management conference in this matter.
For all the forgoing reasons the parties respectively ask that the case management conference
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be continued approximately 75 days.
Respectfully submitted,
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Dated: October 20, 2011
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MELINDA L. HAAG
United States Attorney
/s/
CHARLES M. O’CONNOR
Assistant United States Attorney
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Attorneys for the United States
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Stipulation and Order to Continue Case Management Conference
Contra Costa Co. Redevelop. Agency v. Housing Authority C 11-3605
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Dated: October 20, 2011
SHARON L. ANDERSON
Contra Costa County Counsel
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/s/
STEPHEN M. SIPTROTH
Deputy County Counsel
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Attorneys for Plaintiff
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ORDER
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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
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conference statement on or before January 23, 2012.
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Dated: October 20, 2011
UNITED STATES DISTRICT JUDGE
Northern District of California
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Stipulation and Order to Continue Case Management Conference
Contra Costa Co. Redevelop. Agency v. Housing Authority C 11-3605
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