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Arroyo Vista Tenants Association v. City of Dublin

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA


September 10, 2009

ARROYO VISTA TENANTS ASSOCIATION, ET AL. , PLAINTIFFS AND PETITIONERS,
v.
CITY OF DUBLIN, ET AL., DEFENDANTS AND RESPONDENTS.
SCS DEVELOPMENT COMPANY, ET AL., REAL PARTIES IN INTEREST.

The opinion of the court was delivered by: Marilyn H. Patel United States District Judge

STIPULATION TO MODIFY TRIAL PREPARATION SCHEDULE AND TRIAL; [PROPOSED] ORDER

Defendants and Respondents DUBLIN HOUSING AUTHORITY ("DHA"), HOUSING AUTHORITY OF THE COUNTY OF ALAMEDA ("HACA"), and CITY OF DUBLIN (the "City") (together, "Defendants"); Real Parties in Interest SCS DEVELOPMENT COMPANY dba CITATION HOMES CENTRAL ("Citation") and EDEN HOUSING INC. ("Eden") (together "Real Parties"); and Plaintiffs and Petitioners ("Plaintiffs") ARROYO VISTA TENANTS ASSOCIATION, RHENAE KEYES, ANDRES ARROYO, DARLENE BROWN, and ELISE VEAL hereby stipulate, by and through respective counsel:

1. Pursuant to the parties' Stipulation to Modify Trial Preparation Schedule and Trial, the Court entered an Order on June 22, 2009 (Document #115) establishing the following schedule: Disclosure of Witnesses (case-in-chief) September 10, 2009 Amended Complaint September 25, 2009 Non-expert discovery cut-off: November 10, 2009 Expert disclosure and reports to be completed: November 10, 2009 Rebuttal expert disclosure: December 9, 2009 Expert discovery cut-off: January 6, 2010 Hearing of dispositive motions: February 22, 2010 Pre-trial conference: March 4, 2010 at 2:30 p.m. Trial: March 23, 2010 at 8:30 a.m.

3. Plaintiffs, Defendants, and Real Parties in Interest have engaged in productive settlement negotiations since early July 2009 and requested a settlement conference with a Magistrate Judge to resolve one remaining issue. Unfortunately, it does not appear that Magistrate Judge LaPorte who was assigned for settlement purposes will be available before the end of the year.

Therefore, the parties intend to participate in an alternative mediation through JAMS later this month. In order to continue the substantial progress towards settlement made to date, the parties propose the following modification of the trial preparation and trial schedule:

Disclosure of Witnesses (case-in-chief): October 9, 2009 Amended Complaint: October 23, 2009 Non-expert discovery cut-off: December 10, 2009 Expert disclosure and reports to be completed: December10, 2009 Rebuttal expert disclosure: January 8, 2010 Expert discovery cut-off: February 5, 2010 Hearing of dispositive motions: March 22, 2010 Pre-trial conference: April 5, 2010 at 2:30 p.m. Trial: April 27, 2010 at 8:30 a.m.

4. In the event settlement discussions are unsuccessful and plaintiffs initiate an action to challenge HUD's approval of DHA's application for disposition, the 0parties agree that the above schedule may need to be revised.

I hereby attest that I have on file all holograph signatures for any signatures indicated by a "conformed" signature (/s/) within this efiled document.

ORDER

Good cause appearing therefore, IT IS SO ORDERED.

20090910

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