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Arroyo Vista Tenants Association v. City of Dublin

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA


November 24, 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 R Judge 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 October 23, 2009 (Document #123) establishing the following schedule:

Amended Complaint: November 23, 2009

Disclosure of Witnesses (case-in-chief): December 14, 2009

Non-expert discovery cut-off: February 8, 2010

Expert disclosure and reports to be completed: February 8, 2010

Rebuttal expert disclosure: March 5, 2010

Expert discovery cut-off: April 9, 2010

Hearing of dispositive motions: May 21, 2010

Pre-trial conference: June 9, 2010 at 2:30 p.m.

Trial: June 22, 2010 at 8:30 a.m.

3. Plaintiffs, Defendants, and Real Parties in Interest have reached an agreement to settle the action, and the settlement agreement has been approved by the public entities pursuant to public hearing requirements. The agreement has been submitted and the parties are awaiting HUD's final review and approval. The parties anticipate settlement will be complete, and that a request for dismissal pursuant to Federal Rules of Civil Procedure rule 41(a)(2) will be submitted to the Court by mid-December 2009. To facilitate HUD's final review of the agreement, the parties propose the following modification of the trial preparation and trial schedule:

Amended Complaint: December 1, 2009

Disclosure of Witnesses (case-in-chief): December 14, 2009

Non-expert discovery cut-off: February 8, 2010

Expert disclosure and reports to be completed: February 8, 2010

Rebuttal expert disclosure: March 5, 2010

Expert discovery cut-off: April 9, 2010

Hearing of dispositive motions: May 21, 2010

Pre-trial conference: June 9, 2010 at 2:30 p.m.

Trial: June 22, 2010 at 8:30 a.m.

4. In the event that HUD's approval is not received prior to December 1, 2009, the parties agree that the above schedule may need to be further revised.

DATED: 11/20/09

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.

IT IS SO ORDERED

20091124

© 1992-2009 VersusLaw Inc.



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