Bayview Plaza Tenants Association v. Bouma, 2:17-cv-01771 JLR. (2017)
Court: District Court, D. Washington
Number: infdco20171213903
Filed: Nov. 30, 2017
Latest Update: Nov. 30, 2017
Summary: STIPULATION AND MOTION TO STRIKE HEARING ON MOTION FOR TEMPORARY RESTRAINING ORDER AND PROPOSED ORDER JAMES L. ROBART , District Judge . I. MOTION Plaintiffs move this Court for an Order approving the following Stipulation and striking the hearing on Plaintiffs' Motion for Temporary Restraining Order currently noted for November 27, 2017. II. STIPULATION The following Temporary Restraining Order is hereby stipulated by and between the parties, by and through undersigned counsel: 1. Plai
Summary: STIPULATION AND MOTION TO STRIKE HEARING ON MOTION FOR TEMPORARY RESTRAINING ORDER AND PROPOSED ORDER JAMES L. ROBART , District Judge . I. MOTION Plaintiffs move this Court for an Order approving the following Stipulation and striking the hearing on Plaintiffs' Motion for Temporary Restraining Order currently noted for November 27, 2017. II. STIPULATION The following Temporary Restraining Order is hereby stipulated by and between the parties, by and through undersigned counsel: 1. Plain..
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STIPULATION AND MOTION TO STRIKE HEARING ON MOTION FOR TEMPORARY RESTRAINING ORDER AND PROPOSED ORDER
JAMES L. ROBART, District Judge.
I. MOTION
Plaintiffs move this Court for an Order approving the following Stipulation and striking the hearing on Plaintiffs' Motion for Temporary Restraining Order currently noted for November 27, 2017.
II. STIPULATION
The following Temporary Restraining Order is hereby stipulated by and between the parties, by and through undersigned counsel:
1. Plaintiffs and Defendants Gene Bouma, Washington Plaza Limited Partnership, Bayview Plaza Limited Partnership, and Diamond Management enter this Stipulated Temporary Restraining Order ("Stipulation") to resolve the pending motion for a temporary restraining order.
2. The parties to this Stipulation agree that, during the term of this Stipulation, Gene Bouma, Washington Plaza Limited Partnership, Bayview Plaza Limited Partnership, and Diamond Management may not give any effect to the new leases scheduled to take effect for tenants at Washington Plaza and Bayview Plaza on December 1, 2017.
3. During the term of this Stipulation, the previous leases, including rent payments and all terms and conditions, of the residents of Washington Plaza and Bayview Plaza shall remain in full force and effect for the duration of this order.
4. Defendants Gene Bouma, Washington Plaza Limited Partnership, Bayview Plaza Limited Partnership, and Diamond Management or their agents shall deliver written notice of this Stipulation, agreed to in form and substance between the parties to this Stipulation, to each unit at Washington Plaza and Bayview Plaza.
5. During the term of this Stipulation, Gene Bouma, Washington Plaza Limited Partnership, Bayview Plaza Limited Partnership, and Diamond Management further agree not to take any action against the residents of Washington Plaza or Bayview Plaza which could be deemed to be in retaliation for this litigation, including any actions specifically listed under RCW 59.18.240, including but not limited to (a) increasing rent; (b) eviction of the residents; (c) reduction of services to the residents; (d) increasing the obligations of the residents, pending further order of this Court.
6. During its term, this Stipulation shall be binding against Gene Bouma, Washington Plaza Limited Partnership, Bayview Plaza Limited Partnership, and Diamond Management and their agents, employees, successors, or assigns, as provided in Fed. R. Civ. P. 65(d) and shall remain in effect until Plaintiffs' Motion for Preliminary Injunction can be heard and an order issued or until further order of the Court.
7. The parties to this Stipulation hereby agree to strike Plaintiffs' Motion for Temporary Restraining Order currently noted for 11/27/2017, without prejudice to plaintiffs to again seek temporary relief and/or to amend their Complaint;
8. The Parties to this Stipulation agree to stipulate to a preliminary injunction hearing date briefing schedule by 12/6/17.
9. The Parties warrant that they respectively have authority to enter into this Stipulation and make it effective pursuant to its agreed terms.
III. ORDER
This matter coming before the Court based upon the Stipulation And Motion To Strike Motion For Temporary Restraining Order and the Court being fully advised, hereby grants the Motion and approves and adopts the above Stipulation as follows:
It is so Ordered:
1. The Court approves the above-agreed Stipulation
2. Plaintiffs' Motion for Temporary Restraining Order noted for November 30, 2017 in this matter is stricken without prejudice to Plaintiffs to renew their Motion consistent with the Stipulation;
3. If the Court determines oral argument on Plaintiffs' Motion is necessary, the Court shall set a date for hearing separately from this Order.
Source: Leagle
