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

Filing 29

STIPULATION AND ORDER as Modified by the Court Extending Time to Repsond to Complaint and Setting Briefing and Hearing Schedule re 25 Stipulation. Response to Complaint due 7/22/2010. Motion Hearing set for 12/20/2010 09:00 AM in Courtroom 8, 4th Floor, San Jose. Signed by Judge James Ware on 7/22/2010. (ecg, COURT STAFF) (Filed on 7/22/2010)

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

Doc. 29

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

UNIT ED

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

S

S DISTRICT TE C TA

ER

N

F D IS T IC T O R

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 AND SETTING BRIEFING AND HEARING SCHEDULE

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 AND SETTING BRIEFING AND HEARING SCHEDULE No. CV 10 1087 JW HRL

Dockets.Justia.com

A

C

LI
7/22/2010

FO

re mes Wa Judge Ja

R NIA

D RDERE IS SO O FIED IT DI AS MO

RT U O

NO

RT

H

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

WHEREAS, on June 14, 2010, the Court entered a stipulation and order extending 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 to answer, move or otherwise respond to the complaint to, and including, July 15, 2010; WHEREAS, the plaintiffs have agreed to extend the time for Daly City Housing Development Finance Agency ("DCHDFA") and Richard Berger in his capacity as a DCHDFA employee to answer, move or otherwise respond to the complaint to, and including, July 22, 2010; WHEREAS, in the interest of efficiency and judicial economy, the parties have agreed to the same response date of July 22, 2010, for all the undersigned defendants (collectively, "Defendants") and to coordinate the briefing and hearing schedule; THEREFORE, the parties, by and through their undersigned counsel of record, hereby agree and stipulate to the following: 1. Defendants shall respond to the complaint on or before July 22, 2010. 2. Plaintiffs shall file their opposition(s) to any motion(s) to dismiss the complaint on or before, September 13, 2010. 3. Defendants shall file any reply brief(s) on or before November 4, 2010. 4. The hearing on any motion(s) to dismiss the complaint shall be set for December December 9:002010 at 9:00 AMthereafter as the Court may hear the matter. 6, 2010 at 20, a.m., or as soon

1
STIPULATION AND [PROPOSED] ORDER EXTENDING TIME TO RESPOND TO COMPLAINT AND SETTING BRIEFING AND HEARING SCHEDULE 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: July 12, 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: July 13, 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 AND SETTING BRIEFING AND HEARING SCHEDULE 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: July 13, 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

DATED: July 12, 2010

ORRICK, HERRINGTON & SUTCLIFFE LLP George A. Yuhas 405 Howard Street San Francisco, CA 94105 Telephone: [phone] Facsimile: 415.773.5759 By: /s/ George A. Yuhas George A. Yuhas Attorney for Daly City Housing Development Finance Agency ("DCHDFA") and Richard Berger in his capacity as a DCHDFA Employee

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

UNIT ED

S

S DISTRICT TE C TA

ER

N

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

Based on the above stipulation of the Parties and for good cause appearing therefore, IT IS SO ORDERED. AS MODIFIED

F D IS T IC T O R

DATED:

July 22, 2010

A

C

LI

1

[PROPOSED] ORDER
FO
Judge Jam es Ware

R NIA

ED ORDER IT IS SO DIFIED AS MO

RT U O

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

NO

RT

H

_____________________________________ Hon. James Ware United States District Judge

4

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 14th day of July, 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 AND SETTING BRIEFING AND HEARING SCHEDULE 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 July 14, 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 AND SETTING BRIEFING AND HEARING SCHEDULE No. CV 10 1087 JW HRL