Opinion
Case No. C10-00478 CW
03-05-2013
Besaro Mobile Home Park, LLC, dba Besaro Mobile Home Park Petitioner, v. The City of Fremont, the City of Fremont Rent Review Officer, May Lee, the City of Fremont Hearing Officer, Ruth S. Astle, Respondents, The Tenants Residing at Besaro Mobile Home Park, Real Parties In Interest.
Law Office of Anthony C. Rodriguez Anthony C. Rodriguez, Esq. Attorney for the Petitioner Richards, Watson & Gershon Rochelle Browne, Esq. Attorney for Respondents the City of Fremont and May Lee
ANTHONY C. RODRIGUEZ (State Bar No. 122479)
LAW OFFICE OF ANTHONY C. RODRIGUEZ
1425 LEIMERT BOULEVARD, SUITE 101
OAKLAND, CALIFORNIA 94602
Telephone: (510) 336-1536
Facsimile: (510) 336-1537
Email: arodesq@pacbell.net
Attorney for Petitioner Besaro Mobile Home Park, LLC
dba Besaro Mobile Home Park
STIPULATION REGARDING
BRIEFING SCHEDULE ON MOTION
TO DISMISS AND AMENDED
PETITION
Date: June 20, 2013
Judge: Hon. Claudia Wilken
Trial Date: Not Set
Petition Filed: February 2, 2010
Petitioner Besaro Mobile Home Park, LLC dba Besaro Mobile Home Park ("the Petitioner") and Respondents, the City of Fremont and May Lee ("the Respondents"), by and through their respective attorneys of record, hereby stipulate as follows:
RECITALS
1. On or about February 2, 2010, the Petitioner initiated these proceedings by filing a Petition for a Writ of Administrative Mandamus in this court ("the federal court proceedings"). At the same time, the Petitioner filed a Petition for a Writ of Administrative Mandamus in the Alameda County Superior Court ("the state court proceedings").
2. On or about July 29, 2010, this court stayed the federal court proceedings, pending final resolution of the state court proceedings. As of that date, the Respondents had not filed a responsive pleading in the federal court proceedings.
3. On or about February 27, 2013, this court granted the Petitioner's motion to reopen the federal court proceedings. The Respondents have advised that they intend to file a motion to dismiss the federal court proceedings. The Petitioner has advised that it intends to file an amended petition after the motion to dismiss is filed, pursuant to Federal Rules of Civil Procedure Section 15(a)(1)(B).
4. This court has directed the Petitioner and the Respondents to stipulate to a briefing schedule on or before March 6, 2013 with respect to the Respondents' motion to dismiss the federal court proceedings.
5. In its July 29, 2010 ruling, this court determined also that Respondent Ruth S. Astle is not required to file any additional pleadings or papers in the federal court proceedings. Accordingly, Respondent Ruth S. Astle is not a party to this stipulation.
WHEREFORE, THE PETITIONER AND RESPONDENTS THE CITY OF FREMONT AND THE CITY OF FREMONT'S HEARING OFFICER, MAY LEE, AGREE AS FOLLOWS:
STIPULATION
A. The Respondents shall file and serve their motion to dismiss the federal court proceedings on or before Friday, May 3, 2013.
B. The Petitioner shall file and serve its opposition brief, if any, on or before Monday, May 20, 2013.
C. The Respondents shall file and serve their reply brief, if any, on or before Friday, May 31, 2013.
D. The hearing on the Respondents' motion to dismiss shall be noticed for Thursday, June 20, 2013 at 2:00 p.m., which date is currently open on this court's calendar. Should that date no longer be open at the time the Respondents file their motion to dismiss, the Respondents shall set the hearing on their motion to dismiss for the next available date on this court's calendar that is available for both the Petitioner and the Respondents.
E. Pursuant to Federal Rules of Civil Procedure Section 15(a)(2) and Civil Local Rules, Rule 6-1(a), the Petitioner and the Respondents hereby agree that the Petitioner may file an amended petition on or before Wednesday April 3, 2013. Should Petitioner file an amended petition on or before Wednesday April 3, 2013, said filing shall not change the briefing schedule on the Respondents' motion to dismiss, as set forth above.
IT IS SO STIPULATED.
Law Office of Anthony C. Rodriguez
By: ____________________
Anthony C. Rodriguez, Esq.
Attorney for the Petitioner
Richards, Watson & Gershon
By: ____________________
Rochelle Browne, Esq.
Attorney for Respondents the City of Fremont
and May Lee
Judge Claudia Wilken