Wilson v. Seattle Housing Authority et al

Filing 29

STIPULATION AND ORDER for continuance of pending motions 28 Stipulated Motion to continue of pending motions. Motions Continued to a date to be determined after HUD appears and answers re: 18 Motion to Certify Class; 21 Motion for Partial Summary Judgment; 22 Motion for Summary Judgment; by Judge James L. Robart for Marsha J. Pechman.(MD)

1 2 3 4 5 6 7 8 9 10 Plaintiffs, 11 v. 12 13 14 15 16 SEATTLE HOUSING AUTHORITY, and THOMAS TIERNEY, Executive Director of the Seattle Housing Authority, in his Official Capacity, Defendants. MARKELETTA WILSON, MARIE TOWNES, and all other similarly situated individuals,

THE HONORABLE MARSHA J. PECHMAN

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE

NO. 09-CV-00226-MJP STIPULATION AND ORDER FOR CONTINUANCE OF PENDING MOTIONS

Note for Hearing: Wednesday, 8/19/2009

IT IS HEREBY STIPULATED AND AGREED by and between the plaintiffs and 17 defendants in the above-referenced action that the pending cross-motions for partial summary 18 judgment and pending motion for class certification be continued to a date to be established 19 following the appearance of the Department of Housing and Urban Development as a defendant in 20 this matter. The bases for this motion are as follows: 21 22
STIPULATION AND ORDER FOR CONTINUANCE OF PENDING MOTIONS (09-CV-00226-MJP)- 1

1

1.

By Order dated August 10, 2009 (Sub #26), the Court granted defendants' motion to

2 add the Department of Housing and Urban Development ("HUD") as an indispensable party. By 3 separate Order that same date (Sub #27), the Court directed plaintiffs to amend their complaint and 4 serve the parties by August 28, 2009. 5 2. In accordance with the Court's Order on Motion Schedule, original and as amended,

6 (Sub #10 and #16), the parties filed their cross-motions for partial summary judgment on August 6, 7 2009, noting same for consideration on August 28, 2009. Plaintiffs also filed their motion for class 8 certification on August 6, 2009, noting it for consideration on August 28, 2009. 9 10 days. 11 4. The parties believe HUD, as an entity found by the Court to be a required party, 3. Pursuant to Fed.R.Civ.P. 12(a)(2), HUD need not answer, once served, for sixty (60)

12 should have the opportunity to be heard on the issues currently before the Court on the pending 13 cross-motions for partial summary judgment and the pending motion for class certification. 14 DATED THIS 19th day of August, 2009. s/ Scott M. Barbara SCOTT M. BARBARA, WSBA# 20885 JOHNSON ANDREWS & SKINNER, P.S. 200 West Thomas, Suite 500 Seattle, WA 98119 Telephone: [phone] Fax: [phone] Email: [e-mail] Attorneys for Defendants

15 s/ Merf Ehman MERF EHMAN, WSBA# 29231 16 NICHOLAS B. STRALEY, WSBA# 25963 Columbia Legal Services 17 101 Yesler Way, Ste 300 Seattle, WA 98104 18 Phone: [phone] Fax: [phone] Email: [e-mail] [e-mail] 20 Attorneys for Plaintiffs 21

ORDER 22
STIPULATION AND ORDER FOR CONTINUANCE OF PENDING MOTIONS (09-CV-00226-MJP)- 2

1 Based upon the foregoing stipulation of the parties, 2 IT IS ORDERED as follows: 3 1. 4 consideration on Friday, August 28, 2009 are continued to a date to be determine after HUD 5 appears and answers; 6 2. 7 summary judgment until such time as a new hearing date is established; 8 3. 9 August 28, 2009 is continued to a date to be determined after HUD appears and answers; and 10 4. 11 certification until such time as a new hearing date is established. 12 DONE THIS _21st___ day of August, 2009. 13 14 15 16 17 18 19 20 21 22
STIPULATION AND ORDER FOR CONTINUANCE OF PENDING MOTIONS (09-CV-00226-MJP)- 3

The cross-motions for partial summary judgment currently noted for

The parties need not file any response to the pending cross-motions for partial

The motion for class certification currently noted for consideration on Friday,

The defendants need not file any response to the pending motion for class

/s/ James L. Robart (for Marsha J. Pechman) United States District Judge

1 2

CERTIFICATE OF SERVICE

I hereby certify that on the 19th day of August, 2009, I electronically filed the foregoing with the Clerk of the Court using the CM/ECF system which will send notification of such filing 3 to the following: 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22
STIPULATION AND ORDER FOR CONTINUANCE OF PENDING MOTIONS (09-CV-00226-MJP)- 4

Merf Ehman Nicholas B. Straley Columbia Legal Services 101 Yesler Wy, Ste 300 Seattle, WA 98104-2528 Attorneys for Plaintiffs James E. Fearn, Jr. Donald S. Means Office of the General Counsel Seattle Housing Authority 120 6th Ave N Seattle, WA 98109-1028 Attorneys for Defendants

s/ Scott M. Barbara SCOTT M. BARBARA, WSBA# 20885 JOHNSON ANDREWS & SKINNER, P.S. 200 West Thomas, Suite 500 Seattle, WA 98119 Telephone: [phone] Fax: [phone] Email: [e-mail] Attorneys for Defendants