Franciscan Moble Home Owners for Justice et al v. Linc Housing Corporation et al

Filing 14

STIPULATION AND ORDER Extending Time to Respond to the Complaint re 13 Stipulation. Response due July 15, 2010. Signed by Judge James Ware on 6/14/2010. (ecg, COURT STAFF) (Filed on 6/14/2010)

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

BINGHAM MCCUTCHEN LLP David M. Balabanian (SBN 37368) [e-mail] Charlene S. Shimada (SBN 91407) [e-mail] Lucy Wang (SBN 257771) [e-mail] Three Embarcadero Center San Francisco, CA 94111-4067 Telephone: [phone] Attorneys for Defendants LINC Housing Corporation, Corporate Fund for Housing, LINC Franciscan Limited Partnership, Franciscan Park, LLC, Hunter Johnson, Franciscan Housing Corporation and Richard Berger in his capacity as former director of LINC Housing Corporation and officer of the Franciscan Housing Corporation UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION

FRANCISCAN MOBILE HOME OWNERS FOR JUSTICE; ROSENDO QUINIQUINI; RORY MORDINOIA; ROBERT QUINN; SANDRA HOLMAN; and MAMIE ZHU, And on behalf of all others similarly situated, v. Plaintiffs,

No. CV 10 1087 JW HRL STIPULATION AND [PROPOSED] ORDER EXTENDING TIME TO RESPOND TO COMPLAINT

LINC HOUSING CORPORATION; CORPORATE FUND FOR HOUSING; LINC FRANCISCAN LIMITED PARTNERSHIP; FRANCISCAN PARK, LLC; HUNTER JOHNSON; FRANCISCAN HOUSING CORPORATION; RICHARD BERGER; DALY CITY HOUSING DEVELOPMENT FINANCE AGENCY; PACIFIC WEST MANAGEMENT; FRANCISCAN ACQUISITION CORPORATION; DAVID KENYON; and DOES 1-50, inclusive, Defendants.

STIPULATION AND [PROPOSED] ORDER EXTENDING TIME TO RESPOND TO COMPLAINT No. CV 10 1087 JW HRL

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

IT IS HEREBY STIPULATED, by and between the parties hereto, through their respective counsel, that the time for Defendants LINC Housing Corporation, Corporate Fund for Housing, LINC Franciscan Limited Partnership, Franciscan Park, LLC, Hunter Johnson, Franciscan Housing Corporation, Richard Berger in his capacity as former director of LINC Housing Corporation and officer of the Franciscan Housing Corporation, and Pacific West Management (collectively, "Defendants") to answer, move or otherwise respond to the complaint is extended to, and including, July 15, 2010, or such later time as Plaintiffs may have agreed, or might hereafter agree, with any party. IT IS FURTHER STIPULATED that in order to avoid unnecessary legal expenses and in the interests of justice and judicial economy, Defendants will limit the initial motion to dismiss to the claim on which Plaintiffs assert federal subject matter jurisdiction, namely the First Cause of Action under Section 10(b) of the Securities and Exchange Act of 1934 and Rule 10b-5 promulgated thereunder. The parties agree that if the Court denies Defendants' motion to dismiss the First Cause of Action or if the Court grants Defendants' motion but asserts supplemental jurisdiction over the remaining claims, Defendants have the right to move to dismiss any remaining claims within thirty days of the Court's order.

1
STIPULATION AND [PROPOSED] ORDER EXTENDING TIME TO RESPOND TO COMPLAINT No. CV 10 1087 JW HRL

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

By entering into this Stipulation, Defendants reserve and do not waive any arguments and defenses they may possess, including, without limitation, whether the Court lacks personal jurisdiction over any of them. DATED: June 6, 2010 BINGHAM MCCUTCHEN LLP David M. Balabanian Charlene S. Shimada Lucy Wang Three Embarcadero Center San Francisco, CA 94111 Telephone: [phone] Facsimile: 415.393.2286 By: /s/ Charlene S. Shimada Charlene S. Shimada

Attorneys for Defendants LINC Housing Corporation, Corporate Fund for Housing, LINC Franciscan Limited Partnership, Franciscan Park, LLC, Hunter Johnson Franciscan Housing Corporation and Richard Berger in his capacity as former director of LINC Housing Corporation and officer of the Franciscan Housing Corporation DATED: June 6, 2010 SHELLEY S. BUCHANAN Attorney at Law 912 Cole Street, PMB #120 San Francisco, CA 94117 Telephone: [phone] Facsimile: 415.566.3548 By: /s/ Shelley S. Buchanan Shelley S. Buchanan

Attorney for Franciscan Mobile Home Owners for Justice, Rosendo Quiniquini, Rory Mordinoia, Robert Quinn, Sandra Holman and Mamie Zhu

2
STIPULATION AND [PROPOSED] ORDER EXTENDING TIME TO RESPOND TO COMPLAINT No. CV 10 1087 JW HRL

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

DATED: June 10, 2010

ANDREW W. COUCH Lawyer 110 Newport Center Dr., Suite 200 Newport Beach, CA 92660 Telephone: [phone] Facsimile: 949.760.0337 By: /s/ Andrew W. Couch Andrew W. Couch Attorney for Pacific West Management

3
STIPULATION AND [PROPOSED] ORDER EXTENDING TIME TO RESPOND TO COMPLAINT No. CV 10 1087 JW HRL

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 DATED: June 14, 2010

[PROPOSED] ORDER Based on the above stipulation of the Parties and for good cause appearing therefore, IT IS SO ORDERED.

_____________________________________ Hon. James Ware United States District Judge

4
STIPULATION AND [PROPOSED] ORDER EXTENDING TIME TO RESPOND TO COMPLAINT No. CV 10 1087 JW HRL

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

ATTESTATION PURSUANT TO GENERAL ORDER 45 I, Charlene S. Shimada, attest that concurrence in the filing of this document has been obtained from any signatories indicated by a "conformed" signature (/s/) within this e-filed document. I declare under penalty of perjury under the laws of the United States of America that the foregoing is true and correct. Executed this 10th day of June, 2010, at San Francisco, California. BINGHAM MCCUTCHEN LLP

By:

/s/ Charlene S. Shimada Charlene S. Shimada

Three Embarcadero Center San Francisco, CA 94111 Telephone: [phone] Facsimile: 415.393.2286 Attorneys for Defendants LINC Housing Corporation, Corporate Fund for Housing, LINC Franciscan Limited Partnership, Franciscan Park, LLC, Hunter Johnson, Franciscan Housing Corporation and Richard Berger in his capacity as former director of LINC Housing Corporation and officer of the Franciscan Housing Corporation

5
STIPULATION AND [PROPOSED] ORDER EXTENDING TIME TO RESPOND TO COMPLAINT No. CV 10 1087 JW HRL

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

CERTIFICATE OF MAILING I hereby certify that on June 10, 2010, I electronically transmitted the attached document to the Clerk's Office using the CM/ECF System for filing and transmittal of a Notice of Electronic Filing to the CM/ECF registrants on record.

By:

/s/ Diane R. Imai Diane R. Imai

6
STIPULATION AND [PROPOSED] ORDER EXTENDING TIME TO RESPOND TO COMPLAINT No. CV 10 1087 JW HRL