Opinion
Case No. 11-3605 TEH
10-20-2011
CONTRA COSTA COUNTY REDEVELOPMENT AGENCY, a public body, corporate and politic, Plaintiff, v. HOUSING AUTHORITY OF CONTRA COSTA COUNTY, a political subdivision of the State of California; UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT; and DOES ONE THROUGH TWENTY, and all other persons unknown claiming an interest in the property,Defendants.
MELINDA HAAG (CSBN 132612) United States Attorney JOANN M. SWANSON (CSBN 88143) Chief, Civil Division CHARLES M. O'CONNOR (CSBN 56320) Assistant United States Attorney Attorneys for Federal Defendant U.S. Department of Housing and Urban Development
MELINDA HAAG (CSBN 132612)
United States Attorney
JOANN M. SWANSON (CSBN 88143)
Chief, Civil Division
CHARLES M. O'CONNOR (CSBN 56320)
Assistant United States Attorney
Attorneys for Federal Defendant
U.S. Department of Housing and Urban Development
STIPULATION TO CONTINUE
CASE MANAGEMENT CONFERENCE
ORDER AS MODIFIED
(Proposed)
Plaintiff, Contra Costa County Redevelopment Agency, filed the Complaint in the Superior Court of California, Contra Costa County, seeking to acquire real property by exercise of the power of eminent domain. The subject real property is owned by the Housing Authority of Contra Costa County ("Housing Authority") and was previously operated for the purpose of providing low-income public housing but is vacant at this time. The United States Department of Housing and Urban Development (hereafter "HUD") holds an interest in the subject property pursuant to a Declaration of Trust executed by the Housing Authority.
In order for the Housing Authority to dispose of the subject property and for the eminent domain matter to proceed without objection, the Housing Authority must apply to HUD and ask that HUD release its Declaration of Trust on the subject property. To comply with all applicable HUD regulations and policies, HUD's Special Application Center is currently reviewing the Housing Authority's request for HUD to release the Declaration of Trust. After that review is complete, HUD's Special Application Center will decide whether the Declaration of Trust can be released and disposal of the public housing units at issue in this case can be completed. This process, currently underway, will require several addition weeks and must be completed prior to HUD disclaiming its interest in the subject property. In the meantime, the parties' ask that the Court postpone the Case Management Conference for 75 days to allow completion of the process.
IT IS HEREBY STIPULATED and requested by the parties, through their respective undersigned counsel, that the case management conference now set for November 7, 2011 be continued for approximately 75 days to allow time for HUD to process the release of the Declaration of Trust, which would allow the Trust to disclaim its interest in the subject property. The parties believe it likely that completion of that process will eliminate the need for conducting a case management conference in this matter.
For all the forgoing reasons the parties respectively ask that the case management conference be continued approximately 75 days.
Respectfully submitted,
MELINDA L. HAAG
United States Attorney
CHARLES M. O'CONNOR
Assistant United States Attorney
Attorneys for the United States
SHARON L. ANDERSON
Contra Costa County Counsel
STEPHEN M. SIPTROTH
Deputy County Counsel
Attorneys for Plaintiff
ORDER
IT IS SO ORDERED. The case management conference in the above-captioned case is continued to January 30, 2012, at 1:30 PM. The parties shall file a joint case management conference statement on or before January 23, 2012.
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UNITED STATES DISTRICT JUDGE
Northern District of California