Besaro Mobile Home Park, LLC v. City of Fremont et al

Filing 31

ORDER re 27 Granting Stipulation TO EXTEND TIME FOR RESPONDENTS CITY OF FREMONT AND MAY LEE TO RESPOND TO THE FIRST AMENDED COMPLAINT FROM JUNE 15, 2010 TO AND INCLUDING JULY 15, 2010 OR 20 DAYS AFTER THE RULING ON RESPONDENT ASTLE'S MOT ION TO DISMISS, WHICHEVER IS LATER, PURSUANT TO LOCAL FULE 6.1(b). Signed by Judge Claudia Wilken on 6/9/10. (ndr, COURT STAFF) (Filed on 6/9/2010)

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HARVEY E. LEVINE, (State Bar No. 61880) CITY ATTORNEY, CITY OF FREMONT PRASANNA W. RASIAH (State Bar No. 206842) DEPUTY CITY ATTORNEY, CITY OF FREMONT 3300 Capitol Avenue Fremont, CA 94537-5006 Telephone: [phone] Facsimile: [phone] E-Mail: [e-mail] / [e-mail] ROCHELLE BROWNE (State Bar No.75953) RICHARDS, WATSON & GERSHON A Professional Corporation 355 South Grand Avenue, 40th Floor Los Angeles, CA 90071 Telephone: [phone] Facsimile: [phone] E-Mail: [e-mail] Attorneys for Respondents CITY OF FREMONT and MAY LEE UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION BESARO MOBILE HOME PARK, LLC, dba BESARO MOBILE HOME PARK, Petitioner, v. THE CITY OF FREMONT, THE CITY OF FREMONT RENT REVIEW OFFICER, MAY LEE, THE CITY OF FREMONT HEARING OFFICER, RUTH S. ASTLE, Respondents, THE TENANTS RESIDING AT BESARO MOBILE HOME PARK, Real Parties In Interest. Case No. C-10-00478-CW Honorable Claudia Wilken, Judge Presiding STIPULATION EXTENDING TIME FOR RESPONDENTS CITY OF FREMONT AND MAY LEE TO RESPOND TO THE FIRST AMENDED COMPLAINT FROM JUNE 15, 2010 TO AND INCLUDING JULY 15, 2010 OR 20 DAYS AFTER THE RULING ON RESPONDENT ASTLE'S MOTION TO DISMISS, WHICHEVER IS LATER, PURSUANT TO LOCAL RULE 6.1(b) AND ORDER (AS MODIFIED) Complaint filed: February 2, 2010

STIP. EXTENDING TIME FOR CITY/MAY LEE TO RESPOND TO FIRST AMENDED COMPLAINT (L.R. 6.1(B)) Case No.: C10-00478 CW 11291\0001\1234438.2

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IT IS HEREBY STIPULATED by and between Petitioner, Besaro Mobilehome Park, ("Petitioner"), respondents, City of Fremont and May Lee (collectively the "City"), and respondent, Ruth S. Astle ("Astle"), through their respective undersigned counsel that: 1. The City's time to respond to the first amended complaint is now due on June 15, 2010 pursuant to a stipulation under Local Rule 6.1(a) of the City and Petitioner, who were the only parties that had then appeared in this matter. 2. This case was stayed pursuant to the stipulation of the City and Petitioner and the order of the Court entered thereon on May 27, 2010. 3. The stay order was vacated by the Court on May 28, 2010 due to the appearance of Respondent Ruth Astle (Astle). 4. At the time the stay was vacated, Rochelle Browne, counsel for the City was away on vacation and due to the stay in effect when she left for vacation had not begun preparation of the Rule 12(b) motion that she had planned to file if the case were not stayed. 5. Respondent Astle has filed a motion to dismiss the first amended complaint and will not consider whether to stipulate to a stay until after that motion is heard. 6. In view of these circumstances, Petitioner, Respondent Astle and City hereby STIPULATE that the time in which the City may respond to the first amended complaint be extended to July 15, 2010 or 20 days after the Court's ruling on Respondent Astle's motion to dismiss the complaint, whichever is later.

Dated: June __, 2010

Anthony C. Rodriguez Law Offices of Anthony C. Rodriguez By ___________________________________ Anthony C. Rodriguez Attorneys for BESARO MOBILE HOME PARK, LLC
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STIP. EXTENDING TIME FOR CITY/MAY LEE TO RESPOND TO FIRST AMENDED COMPLAINT (L.R. 6.1(a)) Case No.: C10-00478 CW 11291\0001\1234438.2

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Dated: June __, 2010

Harvey E. Levine, City Attorney Prasanna W. Rasiah, Deputy City Attorney City of Fremont Rochelle Browne Ginetta L. Giovinco Richards, Watson & Gershon

By ____________________________________ Rochelle Browne Attorneys for CITY OF FREMONT and MAY LEE

Dated: June __, 2010

Edmund G. Brown, Jr., Attorney General Stephen P. Acquisto, Supervising Deputy Attorney General S. Michele Inan, Deputy Attorney General State of California By ____________________________________ Attorneys for RUTH S. ASTLE

-2STIP. EXTENDING TIME FOR CITY/MAY LEE TO RESPOND TO FIRST AMENDED COMPLAINT (L.R. 6.1(a)) Case No.: C10-00478 CW 11291\0001\1234438.2

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ORDER Good Cause Appearing therefor, IT IS HEREBY ORDERED that, pursuant to Local Rule 6.1(b), the time in which the City may respond to the First Amended Complaint is extended from June 15, 2010, when it is now due, until 21 days after the administrative re-opening of the case and lifting of the stay.

Dated: June 9, 2010

_____________________________________ Claudia Wilken, Judge of the Federal District Court for the Northern District of California

-3STIP. EXTENDING TIME FOR CITY/MAY LEE TO RESPOND TO FIRST AMENDED COMPLAINT (L.R. 6.1(a)) Case No.: C10-00478 CW 11291\0001\1234438.2