JOINT REQUEST TO CONTINUE SETTLEMENT CONFERENCE AND [PROPOSED] ORDER
Plaintiffs, PARK VILLAGE APARTMENT TENANTS ASSOCIATION, et al. (Plaintiffs) 2 and Defendants, MORTIMER HOWARD TRUST and MORTIMER HOWARD (Defendants), in 3 the above-entitled action, by and through respective counsel, hereby request that the August 7, 4
2012 settlement conference with Magistrate Judge Beeler, be continued to a date to be determined 5 by the Court's availability. In an effort to assist the Court and allow sufficient time to come to a 6 final resolution on the remaining issues in the case, the parties would prefer to have the settlement 7 conference reset to a date in September 2012, if possible. 8
The reasons for this continuance request include: 9 10 has been made toward a final stipulated agreement to make the preliminary injunction upheld by 1. The parties are currently engaged in settlement discussions and significant progress the Ninth Circuit on February 24, 2011 permanent.
2. This agreement will be a resolution of all issues and will include a dismissal of the 14 case. 15
3. In order to facilitate the settlement negotiations Defendants have propounded some 16 discovery on Plaintiffs which is currently due after the currently scheduled settlement conference 17 on August 7, 2012. Since responses to the special interrogatories and request for production may 18 resolve some of the remaining issues, the parties feel that it would be more productive at this time 19 to continue settlement negotiations between themselves with the goal of a final resolution. 20
Having met and conferred, the parties agree that the following dates are acceptable to them: 21 22
Wednesday, September 19, 2012 23
Monday, September 24, 2012 24
Thursday, September 27, 2012 25
Additionally, Defendants also request that the deadline for filing the answer also be 26 extended to the day before the reset settlement conference date. RESPECTFULLY SUBMITTED,
BAY AREA LEGAL AID Lisa S. Greif Naomi Young Robert Capistrano NATIONAL HOUSING LAW PROJECT James R. Grow 4 Kent Qian 5 Dated: August 1, 2012 /s/ Lisa S. Greif 7 Lisa S. Greif 6 8 Attorneys for Plaintiffs 9 10 SWIHART AND ASSOCIATES 11 Thomas M. Swihart /s/ Thomas M. Swihart Dated: August 1, 2012 Thomas M. Swihart 13 Attorney for Defendants Dated: August 1, 2012 By: /s/ Lisa S. Greif LISA S. GREIF Attorney for Plaintiffs
I hereby attest that I have on file all holograph signatures for any ...