Hall et al v. City of Fairfield et al

Filing 255

ORDER signed by Magistrate Judge Dale A. Drozd on 3/27/2015 ORDERING that the parties' 254 joint motion to vacate judgment is conditionally GRANTED subject to the granting of plaintiffs' petitions for determinations of factual innocence by the Solano County Superior Court. As requested by the parties, after the Solano County Superior Court rules upon plaintiffs' petitions for factual innocence, plaintiffs' counsel shall notify the court of the decision of the Solano Co unty Superior Court. If the Solano County Superior Court grants the plaintiffs' petitions for determinations of factual innocence, this court will issue an order vacating the judgment in this action pursuant to Federal Rule of Civil Procedure 60(b)(6). (Zignago, K.)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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MARKUS M. HALL, MONIQUE G.
RANKIN, LINDSEY K. SANDERS,

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Plaintiffs,

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No. 2:10-cv-0508 DAD

ORDER

v.
CITY OF FAIRFIELD, OFFICER NICK
McDOWELL, OFFICER CHRIS GRIMM,
OFFICERS TOM SHACKFORD,
OFFICER ZACK SANDOVAL, AND
SERGEANT STEVE CRANE,

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Defendants.

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This matter came before the court on March 27, 2015, for hearing of the parties’ joint

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motion to vacate judgment pursuant to Federal Rule of Civil Procedure 60(b)(6).1 Attorney

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Thiele Dunaway appeared at the hearing on behalf of the plaintiffs and attorney Suzanne

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Nicholson appeared on behalf of the defendants.
Upon consideration of the parties’ arguments on file and at the hearing, and for the

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reasons set forth in detail on the record at the hearing, IT IS HEREBY ORDERED that:

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/////

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The parties have previously consented to Magistrate Judge jurisdiction over this action pursuant
to 28 U.S.C. § 636(c). (Dkt. No. 175.)
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1. The parties’ joint motion to vacate judgment (Dkt. No. 254) is conditionally granted

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subject to the granting of plaintiffs’ petitions for determinations of factual innocence2 by the

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Solano County Superior Court;

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2. As requested by the parties, after the Solano County Superior Court rules upon

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plaintiffs’ petitions for factual innocence, plaintiffs’ counsel shall notify the court of the decision

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of the Solano County Superior Court3; and
3. If the Solano County Superior Court grants the plaintiffs’ petitions for determinations

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of factual innocence, this court will issue an order vacating the judgment in this action pursuant to

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Federal Rule of Civil Procedure 60(b)(6).4

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Dated: March 27, 2015

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DAD:6
Ddad1/orders.consent/hall0508.oah.032715.docx

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The judgment in this action will not be vacated at this time.

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The court recognizes that the determination of plaintiffs’ petitions for factual innocence is
entirely a matter for the Solano County Superior Court to decide.
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In the event that the Solano County Superior Court does not elect to grant plaintiffs’ petitions
for factual innocence, the judgment previously entered in this civil action will not be vacated.
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