Sapp v. County of Alameda et al

Filing 106

ORDER Vacating Judgment. Signed by Judge Hamilton on 9/11/2006. (pjhlc2, COURT STAFF) (Filed on 9/11/2006)

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Sapp v. County of Alameda et al Doc. 106 Case 3:03-cv-01066-PJH Document 106 Filed 09/11/2006 Page 1 of 2 1 2 3 4 5 6 7 8 9 10 v. COUNTY OF ALAMEDA, et al., Defendants. _______________________________/ The court is in receipt of a September 8, 2006 letter filed by counsel for defendant Alameda County Medical Center aka Highland Hospital ("Highland Hospital"). In it, defendant points out that the court's entry of judgment in the case on August 29, 2006, was based upon erroneous information provided by separate defense counsel on August 22, 2006, indicating that judgment was warranted in view of (1) the parties' earlier stipulated request for dismissal, and (2) the court's prior ruling on defendant Highland Hospital's summary adjudication motion. In fact, Highland Hospital is correct that, although a stipulated dismissal was filed for all defendants except Highland Hospital and summary adjudication granted in Highland Hospital's favor, it appears that two causes of action still remain against Highland Hospital, as stated in plaintiff's third amended complaint: (1) plaintiff's first cause of action for professional negligence; and (2) plaintiff's third cause of action for negligence. Accordingly, the court hereby VACATES the judgment pursuant to Federal Rule of Civil Procedure 60(a), and further ORDERS that the remaining parties attend a case management conference to be held on September 28, 2006, at 2:30 p.m., Courtroom 3, RAMON JERMAINE SAPP, Plaintiff, No. C 03-1066 PJH ORDER VACATING JUDGMENT UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA United United States District Court 11 For the Northern District of California 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Dockets.Justia.com Case 3:03-cv-01066-PJH Document 106 Filed 09/11/2006 Page 2 of 2 1 2 3 4 5 6 7 8 9 10 17th Floor, 450 Golden Gate Ave., San Francisco, California. IT IS SO ORDERED. Dated: September 11, 2006 ______________________________ PHYLLIS J. HAMILTON United States District Judge United States District Court 11 For the Northern District of California 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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