Palo Mobile Estates Associates v. City of East Palo Alto

Filing 49

STIPULATION AND ORDER TO CONTINUE CASE MANAGEMENT CONFERENCE re 48 Stipulation filed by Palo Mobile Estates Associates. Joint Case Management Statement due by 6/24/2010. Case Management Conference set for 7/1/2010 02:00 PM. Signed by Judge Phyllis J. Hamilton on 5/28/10. (nah, COURT STAFF) (Filed on 5/28/2010)

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1 2 3 4 5 6 7 8 9 10 GILCHRIST & RUTTER RICHARD H. CLOSE (Bar No. 50298) THOMAS W. CASPARIAN (Bar No. 169763) YEN N. HOPE (Bar No. 233880) 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 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 11 1299 OCEAN AVENUE, SUITE 900 SANTA MONICA, CALIFORNIA 90401-1000 TEL (310) 393-4000 FAX (310) 394-4700 PROFESSIONAL CORPORATION 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 LAW OFFICES [212630_2.DOC/041608/4604.001] STIPULATION TO CONTINUE CASE MANAGEMENT CONFERENCE; [PROPOSED] ORDER C07-03601 PJH 1 2 3 4 5 6 7 8 9 10 GILCHRIST & RUTTER WHEREAS, the Court has 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, this Court continued the Case Management Conference set for March 4, 2010 to June 3, 2010 to allow the parties to receive a final determination on PME's Application, as the City's decision on PME's Application could drastically affect the scope of this action; WHEREAS, the City, through its City Council, approved PME's final map, thereby conferring final approval on the Application, on April 20, 2010; WHEREAS, City and PME are currently engaging in early settlement discussions which may result in dismissal of this action. // // // // // // // [:/212630_2.DOC/091008/4604.001] 11 1299 OCEAN AVENUE, SUITE 900 SANTA MONICA, CALIFORNIA 90401-1000 TEL (310) 393-4000 FAX (310) 394-4700 PROFESSIONAL CORPORATION 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 LAW OFFICES -1- STIPULATION TO CONTINUE CASE MANAGEMENT CONFERENCE; [PROPOSED] ORDER C07-03601 PJH 1 2 3 4 5 6 7 8 9 10 GILCHRIST & RUTTER 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 July 1, 2010. DATED: May 27, 2010 GILCHRIST & RUTTER Professional Corporation By: 11 1299 OCEAN AVENUE, SUITE 900 SANTA MONICA, CALIFORNIA 90401-1000 TEL (310) 393-4000 FAX (310) 394-4700 PROFESSIONAL CORPORATION 12 13 14 15 16 17 18 19 20 21 22 23 /s/ Thomas W. Casparian Thomas W. Casparian Attorneys for Plaintiff Palo Mobile Estates Associates LAW OFFICES DATED: May 27, 2010 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. 28 [212630_2.DOC/091008/4604.001] N F D IS T IC T O R -2- STIPULATION TO CONTINUE CASE MANAGEMENT CONFERENCE; [PROPOSED] ORDER C07-03601 PJH A 27 ER C LI FO 26 Judge P hyllis J. Hamilto n R NIA 25 UNIT ED 24 DATED: 5/28/10 ______________________________ Honorable PhyllisERED J. Hamilton ORD T IS SO States District Court I Judge, United RT U O S NO ISTRIC ES D TC AT T RT H

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