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

Filing 43

STIPULATION AND ORDER Continuing Initial Case Management Conference re 41 Stipulation. ***Deadlines terminated re 3 ADR Scheduling Order. Signed by Judge James Ware on 8/11/2010. (ecg, COURT STAFF) (Filed on 8/11/2010)

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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 and 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 CONTINUING INITIAL CASE MANAGEMENT CONFERENCE Current CMC Date: September 27, 2010 Time: 10:00 a.m. Judge: Hon. James Ware

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 CONTINUING INITIAL CASE MANAGEMENT CONFERENCE No. CV 10 1087 JW HRL

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WHEREAS on March 15, 2010, the Court entered an Order Setting Initial Case Management Conference and ADR Deadlines (Docket #3) setting deadlines for, among other things, the parties to meet and confer regarding ADR process selection and filing an ADR Certification, as well as scheduling an Initial Case Management Conference ("CMC") for September 27, 2010 at 10:00 a.m., and setting deadlines for associated pre-conference filings, including the Case Management Statement, Rule 26(f) Report and Initial Disclosures; WHEREAS, on July 22, 2010 Defendants 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 and Pacific West Management filed and/or joined in motions to dismiss the complaint (Docket # 30, 34-35, 37); WHEREAS, on July 22, 2010, the Court entered a Stipulation and Order setting a briefing schedule for the pending motions to dismiss the complaint with a hearing date of December 20, 2010 at 9:00 a.m. (Docket # 29); WHEREAS, pursuant to the Private Securities Litigation Reform Act (the "PSLRA"), 15 U.S.C. � 78u-4(b)(3)(B), all discovery and other proceedings are stayed during the pendency of any motion to dismiss absent a finding that particularized discovery is necessary to preserve evidence or to prevent undue prejudice; WHEREAS the parties have conferred and believe that in light of the provisions of 15 U.S.C. � 78u-4(b)(3)(B) and in the interests of judicial economy, the currently scheduled CMC and related filings set forth in the Court's March 15, 2010, Order Setting Initial Case Management Conference and ADR Deadlines (Docket #3) are premature at this stage of the litigation and should be continued until the Court has ruled on the pending motions to dismiss the complaint; THEREFORE, the parties, by and through their undersigned counsel of record, hereby agree and stipulate to the following: 1. The CMC, currently scheduled for September 27, 2010, shall be continued until another date that is convenient for the Court after the Court has ruled on the 1
STIPULATION AND [PROPOSED] ORDER CONTINUING INITIAL CASE MANAGEMENT CONFERENCE No. CV 10 1087 JW HRL

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pending motions to dismiss the complaint; 2. All deadlines set forth in the Court's March 15, 2010, Order Setting Initial Case Management Conference and ADR deadline (Docket #3) shall be continued consistently therewith, including the deadlines for the parties to meet and confer regarding ADR process selection and filing an ADR Certification, and the deadlines for associated pre-conference filings, including the Case Management Statement, Rule 26(f) Report and Initial Disclosures. 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 23, 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 and Franciscan Housing Corporation

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STIPULATION AND [PROPOSED] ORDER CONTINUING INITIAL CASE MANAGEMENT CONFERENCE No. CV 10 1087 JW HRL

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DATED: July 27, 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 DATED: July 23, 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 26, 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 and Richard Berger

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STIPULATION AND [PROPOSED] ORDER CONTINUING INITIAL CASE MANAGEMENT CONFERENCE No. CV 10 1087 JW HRL

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DATED: July 26, 2010

MURPHY PEARSON BRADLEY & FEENEY Karen K. Stromeyer 88 Kearny St, 10th Floor San Francisco, CA 94108 Telephone: [phone] Facsimile: 415.393.8087 By: /s/ Karen K. Stromeyer Karen K. Stromeyer Attorney for David Kenyon

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STIPULATION AND [PROPOSED] ORDER CONTINUING INITIAL CASE MANAGEMENT CONFERENCE No. CV 10 1087 JW HRL

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August 11, 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

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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 27th 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

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STIPULATION AND [PROPOSED] ORDER CONTINUING INITIAL CASE MANAGEMENT CONFERENCE No. CV 10 1087 JW HRL

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CERTIFICATE OF MAILING I hereby certify that on July 27, 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

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STIPULATION AND [PROPOSED] ORDER CONTINUING INITIAL CASE MANAGEMENT CONFERENCE No. CV 10 1087 JW HRL