Del Monte Manor, Inc., et al v. United States Department of Housing

Filing 65

ORDER setting evidentiary hearing for 10/7/14. Briefs due no later than 5 p.m. on 10/2/14. Signed by Judge Ronald M. Whyte on 9/23/14. (rmwlc1, COURT STAFF) (Filed on 9/23/2014)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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United States District Court
For the Northern District of California

SAN JOSE DIVISION
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SEASIDE CIVIC LEAGUE, INC., and DEL
MONTE MANOR, INC.,

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Case No. C-14-1823-RMW

Plaintiffs,

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v.

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ORDER SETTING EVIDENTIARY
HEARING

UNITED STATES DEPARTMENT OF
HOUSING AND URBAN DEVELOPMENT,
and SHAUN DONOVAN, in his official
capacity as Secretary of United States
Department of Housing and Urban
Development

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Defendants.

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The court hereby sets an evidentiary hearing for Tuesday, October 7, 2014 at 1:30 p.m. on
the question of who has standing to pursue (or dismiss) the pending action purportedly brought by
the Seaside Civic League, Inc. and Del Monte Manor, Inc. The court seeks to resolve: (1) whether
the purported new board members were properly appointed, and (2) whether Kathleen Clack or
Richard Glenn is the attorney for Seaside Civic League, Inc. and Del Monte Manor, Inc. To focus
on these ultimate issues, the court requests that the parties present properly authenticated evidence
showing:
1. who called the August 11, 2014 special Seaside Civic League meeting;

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ORDER SETTING EVIDEN. HEARING
Case No. C-14-1823-RMW
RDS

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2. the form of notice that was given of the August 11, 2014 special Seaside Civic League
meeting;

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3. to whom notice of the August 11, 2014 special Seaside Civic League meeting was delivered;

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4. when notice of the August 11, 2014 special Seaside Civic League meeting was delivered;

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5. the form of notice that was given to Seaside Civic League of the appointments of any new

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United States District Court
For the Northern District of California

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board members;
6. any documentary evidence of board member appointments by individual civic organizations
(this appears to have already been provided to the court);
7. the capacity in which Kathleen Clack was retained, by whom she was retained, and the date
on which she was retained;
8. the capacity in which Richard Glenn was retained, by whom he was retained, and the date on
which he was retained;
9. any dismissal, or attempted dismissals, of Kathleen Clack, by whom and when.
If either Richard Glenn or Kathleen Clack anticipates testifying on any of the above factual
issues at the hearing, they may want to consider having alternate counsel present their testimony.
In addition, the court requests briefs not exceeding 10 pages in length to be filed no later
than 5 p.m. on Thursday, October 2, 2014 focusing on the following legal issues:

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1. Who is a board member for the purpose of calling a special board meeting?

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2. Must notice of a special meeting be given to board members who have been removed by

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their individual member civic organizations, but who have not been removed at a board

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meeting?

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3. Are new board members automatically appointed upon notice being given to the Seaside

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Civic League, or must any new board member be formally appointed at a board meeting?

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Dated: September 23, 2014

_________________________________
RONALD M. WHYTE
United States District Judge

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ORDER SETTING EVIDEN. HEARING
Case No. C-14-1823-RMW
RDS

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