GARCIA v. U.S. DEPARTMENT OF HOUSING & URBAN DEVELOPMENT, et al

Filing 43

STIPULATION AND ORDER re 42 . STIPULATION WITH PROPOSED ORDER re 37 MOTION for Leave to File FIRST AMENDED COMPLAINT filed by PEDRO GARCIA, U.S DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT. Signed by Magistrate Judge Kandis A. Westmore on 9/18/18. (sisS, COURT STAFF) (Filed on 9/18/2018)

1 ALEX G. TSE (CABN 152348)
United States Attorney
2 SARA WINSLOW (DCBN 457643)
Chief, Civil Division
3 DAVID A. PEREDA (CABN 237982)
Assistant United States Attorney
1301 Clay Street, Suite 340S
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Oakland, CA 94612
Telephone: [phone]
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FAX: [phone]
[e-mail]
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7 Attorneys for Defendant
U.S. Department of Housing and Urban Development
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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OAKLAND DIVISION
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PEDRO GARCIA, SPECIAL ADMINSTER
OF THE ESTATE OF ESTHER ALVIDREZ
GARCIA,

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Plaintiff,
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v.
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U.S. DEPARTMNET OF HOUSING &
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URBAN DEVELOPMENT; SECRETARY OF )
HOUSING AND URBAN DEVELOPMENT )
OF WASHING D.C.; NOVAD
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MANAGEMENT CONSULTING, LLC,
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CIMARRON SERVICVE CORP OF
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NEVADA; AND DOES 1 through 50,
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inclusive.
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Defendants.
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Case No.: C17-04441 KAW
STIPULATION AND [PROPOSED] ORDER
GRANTING PLAINTIFF LEAVE TO FILE
FIRST AMENDED COMPLAINT

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The parties, through their counsel, hereby stipulate as follows:

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1.

On August 4, 2017, Plaintiff filed this quiet title action to challenge the government’s

27 claimed interest in a property on which Plaintiff’s family has lived for many years. ECF No. 1.
28 STIPULATION AND [PROPOSED] ORDER
C17-04441 KAW

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2.

Since then, the parties have made extensive efforts to resolve the case but have been

2 unable to reach a settlement.
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3.

On August 14, 2018, at a Case Management Conference, Plaintiff mentioned that he

4 planned to seek leave to amend his complaint. The government said that it would stipulate to that relief.
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4.

On August 17, 2018, the Court entered an Order setting a Case Management Schedule.

6 ECF No. 35. Among other things, the Order gave Plaintiff until September 7, 2018, to seek leave to
7 amend the Complaint. Id. at 2.
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5.

On September 7, 2018, Plaintiff filed a motion seeking leave to file a First Amended

9 Complaint. ECF Nos. 37-40.
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6.

The government does not oppose Plaintiff’s request.

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The parties agree that Plaintiff should have leave to file his proposed amended complaint

12 and that the government shall have thirty days to respond to that pleading once the Court grants Plaintiff
13 leave and Plaintiff files the amended complaint.
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IT IS SO STIPULATED

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19 DATED: September 17, 2018

Respectfully submitted,

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ALEX G. TSE
United States Attorney

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/s/ David Pereda
DAVID PEREDA
Assistant United States Attorney
Attorney for Defendant

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LAW OFFICES OF RICHARD SAX

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/s/ * Richard Sax
RICHARD SAX
Attorneys for Plaintiff

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C17-04441 KAW

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PURSUANT TO STIPULATION, IT IS SO ORDERED.

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Dated: 9/18/18

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KANDIS A. WESTMORE
UNITED STATES MAGISTRATE JUDGE

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28 STIPULATION AND [PROPOSED] ORDER
C17-04441 KAW

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