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Arroyo Vista Tenants Association v. City of Dublin

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA


December 3, 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 November 25, 2009 (Document #125) establishing the following 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.

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 to HUD, and HUD has indicated that it will approve the agreement. However, the parties are awaiting HUD's written 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 14, 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 written approval is not received prior to December 14, 2009, the parties agree that the above schedule may need to be further revised.

DATED: 12/01/2009

BAY AREA LEGAL AID CALIFORNIA AFFORDABLE HOUSING LAW PROJECT OF THE PUBLIC INTEREST LAW PROJECT

LISA GREIF Attorneys for Plaintiffs and Petitioners ARROYO VISTA TENANTS ASSOCIATION, RHENAE KEYES, ANDRES ARROYO, DARLENE BROWN, and ELISE VEAL

DATED: 12/01/2009

GOLDFARB & LIPMAN MEYERS, NAVE, RIBACK, SILVER & WILSON JULIET E. COX Attorneys for Defendants and Respondents and for Real Parties in Interest DUBLIN HOUSING AUTHORITY; ALAMEDA COUNTY HOUSING AUTHORITY; CITY OF DUBLIN; SCS DEVELOPMENT COMPANY and EDEN HOUSING, INC.

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

Dated: 12/01/2009

LISA GREIF Attorney for Plaintiffs

ORDER

Good cause appearing therefore, IT IS SO ORDERED.

20091203

© 1992-2009 VersusLaw Inc.



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