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

Filing 48

ORDER Granting 47 Stipulation. Reset Deadlines as to 47 Stipulation: Amended Pleadings due by 4/3/2013; Motions due by 5/3/2013; Responses due by 5/20/2013; Replies due by 5/31/2013. Motion Hearing set for 6/20/2013 02:00 PM before Hon. Claudia Wilken. Signed by Judge Claudia Wilken on 3/6/2013. (ndr, COURT STAFF) (Filed on 3/6/2013)

1
2
3
4

ANTHONY C. RODRIGUEZ (State Bar No. 122479)
LAW OFFICE OF ANTHONY C. RODRIGUEZ
1425 LEIMERT BOULEVARD, SUITE 101
OAKLAND, CALIFORNIA 94602
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]

5
6

Attorney for Petitioner Besaro Mobile Home Park, LLC
dba Besaro Mobile Home Park

7
8

UNITED STATES DISTRICT COURT

9

NORTHERN DISTRICT OF CALIFORNIA / OAKLAND

10
11
12
13
14
15
16
17
18
19
20
21

Besaro Mobile Home Park, LLC,
dba Besaro Mobile Home Park

)
)
)
)
Petitioner,
)
)
vs.
)
)
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. C10-00478 CW
STIPULATION REGARDING
BRIEFING SCHEDULE ON MOTION
TO DISMISS AND AMENDED
PETITION
Date: June 20, 2013
Time: 2:00 p.m.
Location: Courtroom 2
Judge: Hon. Claudia Wilken
Trial Date: Not Set
Petition Filed: February 2, 2010

22
23
24
25
26
27
28

STIPULATION REGARDING BRIEFING SCHEDULE ON MOTION TO DISMISS AND AMENDED PETITION
Case No. C10-00478 CW

1

Petitioner Besaro Mobile Home Park, LLC dba Besaro Mobile Home Park (“the

2

Petitioner”) and Respondents, the City of Fremont and May Lee (“the Respondents”), by and

3

through their respective attorneys of record, hereby stipulate as follows:

4
5

RECITALS
1.

On or about February 2, 2010, the Petitioner initiated these proceedings by

6

filing a Petition for a Writ of Administrative Mandamus in this court (“the federal court

7

proceedings”). At the same time, the Petitioner filed a Petition for a Writ of Administrative

8

Mandamus in the Alameda County Superior Court (“the state court proceedings”).

9

2.

On or about July 29, 2010, this court stayed the federal court proceedings,

10

pending final resolution of the state court proceedings. As of that date, the Respondents had

11

not filed a responsive pleading in the federal court proceedings.

12

3.

On or about February 27, 2013, this court granted the Petitioner’s motion to

13

reopen the federal court proceedings. The Respondents have advised that they intend to file

14

a motion to dismiss the federal court proceedings. The Petitioner has advised that it intends

15

to file an amended petition after the motion to dismiss is filed, pursuant to Federal Rules of

16

Civil Procedure Section 15(a)(1)(B).

17

4.

This court has directed the Petitioner and the Respondents to stipulate to a

18

briefing schedule on or before March 6, 2013 with respect to the Respondents’ motion to

19

dismiss the federal court proceedings.

20

5.

In its July 29, 2010 ruling, this court determined also that Respondent Ruth

21

S. Astle is not required to file any additional pleadings or papers in the federal court

22

proceedings. Accordingly, Respondent Ruth S. Astle is not a party to this stipulation.

23

WHEREFORE, THE PETITIONER AND RESPONDENTS THE CITY OF

24

FREMONT AND THE CITY OF FREMONT’S HEARING OFFICER, MAY LEE, AGREE

25

AS FOLLOWS:

26
27
28

STIPULATION
A.

The Respondents shall file and serve their motion to dismiss the federal court

STIPULATION REGARDING BRIEFING SCHEDULE ON MOTION TO DISMISS AND AMENDED PETITION
Case No. C10-00478 CW

2

1

proceedings on or before Friday, May 3, 2013.

2
3

B.

Monday, May 20, 2013.

4
5

The Petitioner shall file and serve its opposition brief, if any, on or before

C.

The Respondents shall file and serve their reply brief, if any, on or before

Friday, May 31, 2013.

6

D.

The hearing on the Respondents’ motion to dismiss shall be noticed for

7

Thursday, June 20, 2013 at 2:00 p.m., which date is currently open on this court’s calendar.

8

Should that date no longer be open at the time the Respondents file their motion to dismiss,

9

the Respondents shall set the hearing on their motion to dismiss for the next available date

10

on this court’s calendar that is available for both the Petitioner and the Respondents.

11

E.

Pursuant to Federal Rules of Civil Procedure Section 15(a)(2) and Civil Local

12

Rules, Rule 6-1(a), the Petitioner and the Respondents hereby agree that the Petitioner may

13

file an amended petition on or before Wednesday April 3, 2013. Should Petitioner file an

14

amended petition on or before Wednesday April 3, 2013, said filing shall not change the

15

briefing schedule on the Respondents’ motion to dismiss, as set forth above.

16

IT IS SO STIPULATED.

17
Dated: March 5, 2013

Law Office of Anthony C. Rodriguez

18
19
By:
20

RT

27

ilken

ER

s/ Rochelle Browne
Rochelle Browne, Esq.
Attorney for Respondents the City of Fremont
and May Lee

A

H
28

By:

laudia W
Judge C

NO

26

DERED

R NIA

25

O OR
IT IS S

LI

24

UNIT
ED

23

Richards, Watson & Gershon

RT
U
O

S

22

S DISTRICT
TE
C
TA
Dated: March 5, 2013

FO

21

s/ Anthony C. Rodriguez
Anthony C. Rodriguez, Esq.
Attorney for the Petitioner

N

F

C

STIPULATION REGARDING BRIEFING SCHEDULE ON MOTION TO DISMISS AND AMENDED PETITION
D IS T IC T O
R
Case No. C10-00478 CW

3