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

Filing 52

STIPULATION AND ORDER Extending Time to Respond to First Amended Complaint and Setting Briefing and Hearing Schedule re 49 Stipulation. *** CMC Deadlines terminated. The Court vacates the case management conference currently set for September 27, 2010 at 10:00 AM. The Court will set a new conference date in its Order addressing Defendants' Motions. Signed by Judge James Ware on 8/25/2010. (ecg, COURT STAFF) (Filed on 8/25/2010)

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Franciscan Moble Home Owners for Justice et al v. Linc Housing Corporation et al Doc. 52 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 S 1 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 ER N C OF D IS T IC T R 8/25/2010 NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION FRANCISCAN RESIDENT ADVISORY COMMITTEE, (formerly known as 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 FIRST AMENDED 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 FIRST AMENDED COMPLAINT AND SETTING BRIEFING AND HEARING SCHEDULE No. CV 10 1087 JW HRL Dockets.Justia.com A LI BINGHAM MCCUTCHEN LLP David M. Balabanian (SBN 37368) david.balabanian@bingham.com Charlene S. Shimada (SBN 91407) charlene.shimada@bingham.com Lucy Wang (SBN 257771) lucy.wang@bingham.com Three Embarcadero Center San Francisco, CA 94111-4067 Telephone: 415.393.2000 S DISTRICT TE C TA FO mes Wa Judge Ja re R NIA ERED O ORD D IT IS S DIFIE 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 March 15, 2010, Plaintiffs filed a Complaint for Damages, Restitution, Injunctive Relief, Dissolution of Corporation [and] Specific Performance ("Complaint") (Docket # 1); 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 August 11, 2010, the Court entered a Stipulation and Order continuing the initial Case Management Conference and related deadlines until after the Court ruled on the pending motions to dismiss (Docket # 43); WHEREAS, on August 12, 2010, Plaintiffs filed a First Amended Complaint for Damages, Restitution, Injunctive Relief, Dissolution of Corporation [and] Specific Performance ("First Amended Complaint") (Docket # 46); WHEREAS, Plaintiffs have agreed to extend the time for the undersigned defendants (collectively, "Defendants") to move or otherwise respond to the First Amended Complaint to, and including, September 29, 2010, or such later time as Plaintiffs may have agreed, or might hereafter agree, with any party; WHEREAS, in order to avoid unnecessary legal expenses and in the interests of justice and judicial economy, the parties have agreed that Defendants will limit any motion(s) to dismiss the First Amended Complaint to challenging claims that serve as Plaintiffs' basis for asserting federal subject matter jurisdiction. The parties further agree that if the Court denies Defendants' motion(s) to dismiss or if the Court grants Defendants' motion(s) but asserts supplemental jurisdiction over remaining claims, Defendants have the right to move to dismiss any remaining claims within thirty days of the Court's order. The parties also agree that if the Court denies all of Defendants' motion(s) to dismiss, Defendants will have thirty days from the Court's order to answer the First Amended Complaint; WHEREAS, the parties believe that an initial Case Management Conference is premature 1 STIPULATION AND [PROPOSED] ORDER EXTENDING TIME TO RESPOND TO FIRST AMENDED 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 at this stage of the litigation and should be continued until the Court has ruled on all of the Defendants' motion(s) to dismiss the First Amended Complaint; THEREFORE, the parties, by and through their undersigned counsel of record, hereby agree and stipulate to the following: 1. Defendants shall move or otherwise respond to the First Amended Complaint on or before September 29, 2010. Defendants shall limit any motion(s) to dismiss the First Amended Complaint to challenging claims that serve as Plaintiffs' basis for asserting federal subject matter jurisdiction. 2. Plaintiffs shall file their opposition(s) to any motion(s) to dismiss the First Amended Complaint on or before November 12, 2010. 3. Defendants shall file any reply brief(s) on or before December 15, 2010. 4. The hearing on any motion(s) to dismiss the First Amended Complaint shall be set for January 17, 2011 at 9:00 a.m., or as soon thereafter as the Court may hear February 2, 2011 the matter. 5. If the Court denies Defendants' motion(s) to dismiss or if the Court grants Defendants' motion(s) but asserts supplemental jurisdiction over remaining claims, Defendants have the right to move to dismiss any remaining claims within thirty days of the Court's order. 6. If the Court denies all of Defendants' motion(s) to dismiss, Defendants will have thirty days from the Court's order to answer the First Amended Complaint. 7. The Court vacates the case management conference currently set for September 27, The initial Case Management Conference and all deadlines set forth in the Court's March 10:00 AM. The Court Initial a new conference Conference and 2010 at 15, 2010, Order Settingwill set Case Managementdate in its Order ADR deadline (Docket #3) shall be continued until a date that is convenient for the addressing Defendants'Motions. Court after the Court has ruled on all of Defendants' motion(s) to dismiss the First Amended Complaint, 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 2 Initial Disclosures. STIPULATION AND [PROPOSED] ORDER EXTENDING TIME TO RESPOND TO FIRST AMENDED 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: August 17, 2010 BINGHAM MCCUTCHEN LLP David M. Balabanian Charlene S. Shimada Lucy Wang Three Embarcadero Center San Francisco, CA 94111 Telephone: 415.393.2000 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 DATED: August 19, 2010 SHELLEY S. BUCHANAN Attorney at Law 912 Cole Street, PMB #120 San Francisco, CA 94117 Telephone: 415.566.3526 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: August 19, 2010 ANDREW W. COUCH Lawyer 110 Newport Center Dr., Suite 200 Newport Beach, CA 92660 Telephone: 949.760.2596 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 FIRST AMENDED 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: August 17, 2010 ORRICK, HERRINGTON & SUTCLIFFE LLP George A. Yuhas 405 Howard Street San Francisco, CA 94105 Telephone: 415.773.5700 Facsimile: 415.773.5759 By: /s/ George A. Yuhas George A. Yuhas Attorney for Daly City Housing Development Finance Agency and Richard Berger 4 STIPULATION AND [PROPOSED] ORDER EXTENDING TIME TO RESPOND TO FIRST AMENDED 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: August 25, 2010 [PROPOSED] ORDER Based on the above stipulation of the Parties and for good cause appearing therefore, IT IS SO ORDERED. AS MODIFED. _____________________________________ Hon. James Ware United States District Judge 5 STIPULATION AND [PROPOSED] ORDER EXTENDING TIME TO RESPOND TO FIRST AMENDED 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 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 19th day of August, 2010, at San Francisco, California. BINGHAM MCCUTCHEN LLP By: /s/ Charlene S. Shimada Charlene S. Shimada Three Embarcadero Center San Francisco, CA 94111 Telephone: 415.393.2000 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 6 STIPULATION AND [PROPOSED] ORDER EXTENDING TIME TO RESPOND TO FIRST AMENDED 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 August 19, 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 7 STIPULATION AND [PROPOSED] ORDER EXTENDING TIME TO RESPOND TO FIRST AMENDED COMPLAINT AND SETTING BRIEFING AND HEARING SCHEDULE No. CV 10 1087 JW HRL

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