Palo Mobile Estates Associates v. City of East Palo Alto
Filing
33
STIPULATION AND ORDER TO CONTINUE CASE MANAGEMENT CONFERENCE re 32 Stipulation filed by Palo Mobile Estates Associates. Signed by Judge Phyllis J. Hamilton on 9/12/08. (nah, COURT STAFF) (Filed on 9/12/2008)
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1299 OCEAN AVENUE, SUITE 900 SANTA MONICA, CALIFORNIA 90401-1000 TE L (310) 393-4000 · FAX (310) 394-4700
RICHARD H. CLOSE (Bar No. 50298) rclose@gilchristrutter.com THOMAS W. CASPARIAN (Bar No. 169763) tcasparian@gilchristrutter.com YEN N. NGUYEN (Bar No. 233880) ynguyen@gilchristrutter.com GILCHRIST & RUTTER Professional Corporation Wilshire Palisades Building 1299 Ocean Avenue, Suite 900 Santa Monica, California 90401-1000 Telephone: (310) 393-4000 Facsimile: (310) 394-4700 Attorneys for Plaintiff Palo Mobile Estates Associates UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA PALO MOBILE ESTATES ASSOCIATES, a California limited partnership, Plaintiff, vs. CITY OF EAST PALO ALTO, a municipal corporation; DOES 1 through 10, inclusive, Defendants. CASE NO: C 07-03601 PJH
GILCHRIST & RUTTER
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PROFESSIONAL CORPORATION
LAW OFFICES
STIPULATION TO CONTINUE CASE MANAGEMENT CONFERENCE; [PROPOSED] ORDER
Superior Court Action Filed: June 12, 2007 Removed to Federal Court: July 12, 2007 Trial Date: None Set
STIPULATION TO CONTINUE CASE MANAGEMENT CONFERENCE; [PROPOSED] ORDER C07-03601 PJH
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1299 OCEAN AVENUE, SUITE 900 SANTA MONICA, CALIFORNIA 90401-1000 TE L (310) 393-4000 · FAX (310) 394-4700
WHEREAS, at the case management conference on December 6, 2007, the Court stayed this matter at the request of both parties pending the outcome of the concurrent petition for a writ of mandate in the San Mateo County Superior Court ("Case No. CIV 467731"); WHEREAS, whereas Case No. CIV 467731 sought a writ compelling the City of East Palo Alto ("City") to vacate Ordinance No. 305, which imposed certain conditions on mobilehome park conversions from rental-only facilities to resident ownership pursuant to Government Code section 66427.5 within the City; WHEREAS, the San Mateo County Superior Court entered a writ in Case No. CIV 467731 on June 24, 2008 ("Writ"); WHEREAS, this action seeks damages related to the City's adoption of Ordinance No. 305 and its effect on plaintiff Palo Mobile Estates Associates' ("PME") application to convert its mobilehome park from a rental-only facility to resident ownership pursuant to Government Code section 66427.5 ("Application"); WHEREAS, the City will holding a hearing on PME's Application on October 13, 2008 to consider the Application in light of the Writ issued by the San Mateo Superior Court in Case No. CIV 467731; WHEREAS, the current Case Management Conference is set on October 2, 2008 and the related Joint Case Management Statement is due on September 25, 2008; WHEREAS, the outcome of the City's October 13, 2008 hearing on PME's Application could drastically affect the scope of this action; // // // // // // // //
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GILCHRIST & RUTTER
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PROFESSIONAL CORPORATION
LAW OFFICES
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STIPULATION TO CONTINUE CASE MANAGEMENT CONFERENCE; [PROPOSED] ORDER C07-03601 PJH
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1299 OCEAN AVENUE, SUITE 900 SANTA MONICA, CALIFORNIA 90401-1000 TE L (310) 393-4000 · FAX (310) 394-4700
ACCORDINGLY, IT IS HEREBY STIPULATED by PME and the City, by and through their respective counsel, that:
This Court continue the stay in this action and continue the Case Management Conference to November 4, 2008.
DATED: September 11, 2008
GILCHRIST & RUTTER Professional Corporation
By:
GILCHRIST & RUTTER
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/s/ Thomas W. Casparian Thomas W. Casparian Attorneys for Plaintiff Palo Mobile Estates Associates
PROFESSIONAL CORPORATION
LAW OFFICES
DATED: September 11, 2008
JARVIS, FAY, DOPORTO & GIBSON, LLP
By:
/s/ Benjamin P. Fay Benjamin P. Fay Attorneys for Defendant CITY OF EAST PALO ALTO
ORDER PURSUANT TO STIPULATION, IT IS SO ORDERED.
UNIT ED
DATED: 9/12/08
______________________________ Honorable Phyllis J. Hamilton D DERE Judge, United States District Court SO OR
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S DISTRICT TE C TA
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F D IS T IC T O R
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STIPULATION TO CONTINUE CASE MANAGEMENT CONFERENCE; [PROPOSED] ORDER C07-03601 PJH
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IT IS
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1299 OCEAN AVENUE, SUITE 900 SANTA MONICA, CALIFORNIA 90401-1000 TE L (310) 393-4000 · FAX (310) 394-4700
PROOF OF SERVICE I am a resident of the State of California, over the age of eighteen years, and not a party to the within action. My business address is 1299 Ocean Avenue, Suite 900, Santa Monica, California 90401-1000. On September 11, 2008, I served the within documents: STIPULATION TO CONTINUE CASE MANAGEMENT CONFERENCE [PROPOSED] ORDER [] by transmitting the document(s) listed above via facsimile from sending facsimile machine number to the fax number(s) set forth below on this date before 5:00 p.m. and receiving confirmed transmission reports indicating that the document(s) were successfully transmitted. by placing the document(s) listed above in a sealed envelope with postage thereon fully prepaid, in the United States mail at Santa Monica, California, addressed as set forth below. by causing overnight delivery by of the document(s) listed above to the person(s) at the address(es) set forth below. by causing personal delivery by of the document(s) listed above to the person(s) at the address(es) set forth below. by personally delivering the document(s) listed above to the person(s) at the address(es) set forth below.
[X]
[] [] []
GILCHRIST & RUTTER
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PROFESSIONAL CORPORATION
LAW OFFICES
SEE ATTACHED SERVICE LIST I am readily familiar with the firm's practice for the collection and processing of correspondence for mailing. Under that practice it would be deposited with the U.S. Postal Service on that same day with postage thereon fully prepaid in the ordinary course of business. I am aware that on motion of the party served, service is presumed invalid if postal cancellation date or postage meter date is more than one day after the date of deposit for mailing in affidavit. [] [X] (State) I declare under penalty of perjury under the laws of the State of California that the above is true and correct. (Federal) I declare that I am employed in the office of a member of the bar of this court at whose direction the service was made. Executed on September 11, 2008 at Santa Monica, California.
/s/
M.L. Glenn M.L. Glenn
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STIPULATION TO CONTINUE CASE MANAGEMENT CONFERENCE; [PROPOSED] ORDER C07-03601 PJH
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1299 OCEAN AVENUE, SUITE 900 SANTA MONICA, CALIFORNIA 90401-1000 TE L (310) 393-4000 · FAX (310) 394-4700
SERVICE LIST
Valerie Armento, Esq. City Attorney Office of the City Attorney City of East Palo Alto 2415 University Avenue East Palo Alto, CA 94303 Benjamin P. Fay, Esq. Rick W. Jarvis, Esq. Jarvis, Fay, Doporto & Gibson, LLP 475 - 14th Street, Suite 260 Oakland, CA 94612
Attorneys for Defendant City of East Palo Alto
Attorneys for Defendant City of East Palo Alto
GILCHRIST & RUTTER
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PROFESSIONAL CORPORATION
LAW OFFICES
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STIPULATION TO CONTINUE CASE MANAGEMENT CONFERENCE; [PROPOSED] ORDER C07-03601 PJH
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