Hall v. Apartment Investment and Management Company

Filing 61

ORDER re 60 granting STIPULATION to Extend Time to Respond to 4th Amended Complaint. Signed by Judge Claudia Wilken on 5/19/09. (scc, COURT STAFF) (Filed on 5/19/2009)

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Davenport Gerstner & McClure 1990 N. Ca lifornia Blvd. Suite 650 Wa lnut Creek , CA 94596 (925) 279-3430 Fa x (925) 932-1961 STEPHEN THOMAS DAVENPORT, JR. #88208 JEFFREY G. McCLURE #152974 DAVENPORT GERSTNER & McCLURE 1990 N. California Blvd., Suite 650 Walnut Creek, California 94596 Telephone: (925) 279-3430 Fax: (925) 932-1961 Attorneys for Defendants, Fortney & Weygandt, Inc., Apartment Investment And Management Company, and AIMCO Capital, Inc. UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA GREGORY HALL, et al, Plaintiffs, vs. APARTMENT INVESTMENT AND MANAGEMENT COMPANY, et. al., Defendants. No. 08-CV-3447 CW STIPULATION TO EXTEND TIME TO RESPOND TO 4TH AMENDED COMPLAINT The parties to the within action, by and through their respective attorneys of record, stipulate and agree that the time for responding to the 4th Amended Complaint be enlarged to a date which is 10 days after the completion of the pending Court ordered mediation, on the following grounds: 1. The current Defendants' responses to the 4th Amended Complaint are due on May 25, 2009. Assuming that the newly added Defendants All Hallows Preservation, L.P., Bayview Preservation, L.P., La Salle Preservation, L.P., and Shoreview Preservation, L.P. are served with the Summons and 4th Amended Complaint on May 18, 2009 per the Court's Order, their responses will be due on June 8, 2009. 2. The Court appointed mediator, Eric Ivary, is scheduling another mediation day, which the parties hope will result in a settlement. The parties are hoping to complete the 1 STIPULATION TO EXTEND TIME TO RESPOND TO 4TH AMENDED COMPLAINT ORDER THEREON (proposed) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Davenport Gerstner & McClure 1990 N. Ca lifornia Blvd. Suite 650 Wa lnut Creek , CA 94596 (925) 279-3430 Fa x (925) 932-1961 mediation by the end of May, 2009. 3. If the case is settled at mediation, Defendants wish to avoid the cost and expense of preparing responses to the 4th Amended Complaint. Dated: May 12, 2009. DAVENPORT GERSTNER & McCLURE _________________________________________________ STEPHEN THOMAS DAVENPORT, JR. Attorneys for Defendants Fortney & Weygandt, Inc., Apartment Investment And Management Company, and AIMCO Capital, Inc. Dated: May ___, 2009. SIMPSON, GARRITY, INNES & JACUZZI _____________________________________________________ PAUL V. SIMPSON Attorneys for Defendant IMR Contractor Corporation Dated: May ___, 2009. LAW OFFICES OF JOSEPH E. POWELL _____________________________________________________ JOSEPH E. POWELL Attorneys for Defendant Bay Area Construction Framers, Inc. Dated: May ___ 2009. SUNDEEN, SALINAS & PYLE _____________________________________________________ ROBERT SALINAS Attorneys for Plaintiffs ********************************************************* ORDER THEREON GOOD CAUSE APPEARING, it is so ordered. Dated: May ___, 2009. _______________________________________________ UNITED STATES DISTRICT JUDGE 2 STIPULATION TO EXTEND TIME TO RESPOND TO 4TH AMENDED COMPLAINT ORDER THEREON (proposed) 19

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