City of San Jose v. Housing And Development Software, LLC

Filing 58

ORDER APPROVING 57 JOINT CASE MANAGEMENT STATEMENT. The Case Management Conference set for 3/6/2009 is VACATED. A Status Conference is set for 4/24/2009 at 10:30 AM in Courtroom 3, 5th Floor, San Jose. Signed by Judge Jeremy Fogel on 2/23/2009. (jflc2, COURT STAFF) (Filed on 2/24/2009)

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RICHARD DOYLE, City Attorney (#88625) NORA FRIMANN, Chief Trial Attorney (#93249) ROBERT FABELA, Sr. Deputy City Attorney (#148098) Office of the City Attorney 200 E. Santa Clara Street, 16th Floor San Jose, California 95113 Telephone: [phone] Attorneys for Plaintiff and Counter-Defendant CITY OF SAN JOSE ROBERT L. SALLANDER JR., (#118352) CANON T. YOUNG, (#189142) GREENAN, PEFFER, SALLANDER & LALLY LLP 6111 BOLLINGER CANYON ROAD, SUITE 500 SAN RAMON, CA 94583-0010 PHONE: [phone] FAX: [phone] Attorneys for Defendant and Counter-Claimant HOUSING AND DEVELOPMENT SOFTWARE, LLC

**E-Filed 2/24/09**

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

CITY OF SAN JOSE, Plaintiff, vs. HOUSING & DEVELOPMENT SOFTWARE, LLC, and DOES 1-20, inclusive, Defendants.

Case Number: C04-05140 JF

JOINT CASE MANAGEMENT ---------------STATEMENT AND PROPOSED ORDER

HOUSING & DEVELOPMENT SOFTWARE, LLC, Counter-claimant, vs. CITY OF SAN JOSÉ, and ROES 1-10, Counter-defendants.

-1JOINT CASE MANAGEMENT STATEMENT AND PROPOSED ORDER C04-05140 JF 536585

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On January 23, 2009, the parties jointly submitted a Case Management Statement and Proposed Order, which the Court adopted on January 26, 2009. Pursuant to Local Rule 162(d), the parties hereby jointly submit this Case Management Statement in order to report progress or changes since the last statement was filed. PROGRESS SINCE THE LAST STATEMENT WAS FILED In the last Case Management Statement jointly submitted by the parties, the parties reported that they had agreed to participate in a mediation on February 6, 2009 before Hon. Joseph F. Biafore. The parties did indeed participate in a full-day mediation on that date. The parties were close to reaching an agreement, but the terms of the agreement could only be solidified upon further investigation and discovery into Defendant's financial condition. The parties require a short time to conclude that investigation, at which time they hope to be able to resolve this matter or else prepare for trial at that time. PROPOSAL RE: PRE-TRIAL SCHEDULE The parties disagree on the dates of a new trial in case this case cannot be settled. The City would like to have a trial set no later than June 2009, while HDS cannot agree to any dates before September 2009. As such, the parties have agreed that, after a reasonable time to complete a settlement in this matter, the parties should appear at a status review/trial setting conference in mid-April, 2009. Respectfully Submitted, Dated: February 20, 2009 RICHARD DOYLE, City Attorney By: _______/s/_______________________ ROBERT FABELA Attorneys for Plaintiff and Counter-Defendant CITY OF SAN JOSE Dated: February 20, 2009 GREENAN, PEFFER, SALLANDER & LALLY, LLP By: ________/s/______________________ CANON YOUNG Attorneys for Defendant and Counter-Claimant HOUSING & DEVELOPMENT SOFTWARE, LLC -2JOINT CASE MANAGEMENT STATEMENT AND PROPOSED ORDER C04-05140 JF 536585

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SIGNATURE ATTESTATION I hereby attest that concurrence in the filing of the document has been obtained from each of the other signatories, which shall serve in lieu of their signature(s) on the document. ______/s/_ ________ ROBERT FABELA

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CASE MANAGEMENT ORDER The Case Management Statement and Proposed Order are hereby adopted by the Court as the Case Management Order for the case and the parties are ordered to appear at a 10 30 a.m. The Case Management 24 status review/trial setting conference on April __, 2009 at __:__. Conference set for March 6, 2009 is VACATED. 2/23/09 Dated: ___________, 2009 Hon. Jeremy Fogel U.S. District Judge

-4JOINT CASE MANAGEMENT STATEMENT AND PROPOSED ORDER C04-05140 JF 536585