Willis et al v. City of Oakland et al

Filing 202

ORDER re: ORDER TO SHOW CAUSE HEARING. Signed by Judge James Ware on 12/5/11. (sis, COURT STAFF) (Filed on 12/5/2011)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION
NO. C 04-02305 JW

Lillie Willis, et al.,

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ORDER RE. DECEMBER 12, 2011 ORDER
TO SHOW CAUSE HEARING

Plaintiffs,
v.

For the Northern District of California

United States District Court

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City of Oakland, et al.,
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Defendants.
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On October 5, 2011, the parties reached a settlement in this matter. (See Docket Item No.

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197.) On October 26, 2011, in light of the settlement, the Court vacated all trial and pretrial dates

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and set December 12, 2011 for an Order to Show Cause Hearing in regard to the settlement.1 (See

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Docket Item No. 199.)

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On November 15, 2011, Plaintiffs filed a letter contending that their attorney had not advised

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them of the settlement and presenting other objections to the settlement. (hereafter, “November 15

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Letter,” Docket Item No. 200.) On December 2, 2011, Plaintiffs’ counsel and Defendants filed a

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Joint Statement contending that the settlement was awaiting final approval by the Oakland City

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Council, and requesting that the Court “allow until January 15, 2011 [sic] for completion of the

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In its Order to Show Cause, the Court stated that the December 12 hearing would be
automatically vacated if a stipulated dismissal pursuant to Fed. R. Civ. P. 41(a) was filed on or
before December 2, 2011. (Docket Item No. 199 at 1.)

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settlement process, issuance of a resolution approving the settlement and payment of the settlement

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proceeds.”2 The Joint Statement does not refer to the November 15 Letter filed by Plaintiffs.

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Upon review, and in light of Plaintiffs’ November 15 Letter regarding the settlement, the

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Court does not find good cause to vacate the December 12 Order to Show Cause Hearing.

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Accordingly, all parties shall appear at the December 12 hearing and be prepared to address

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Plaintiffs’ letter to the Court.

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Dated: December 5, 2011
JAMES WARE
United States District Chief Judge

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For the Northern District of California

United States District Court

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(Joint Statement in Response to Order to Show Cause re: Settlement at 1-2, Docket Item
No. 201.)
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THIS IS TO CERTIFY THAT COPIES OF THIS ORDER HAVE BEEN DELIVERED TO:

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Christopher Andrew Kee [e-mail]
Dennis Cunningham [e-mail]
James F. Hodgkins [e-mail]

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Dated: December 5, 2011

Richard W. Wieking, Clerk

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For the Northern District of California

United States District Court

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By:

/s/ JW Chambers
Susan Imbriani
Courtroom Deputy