Willis et al v. City of Oakland et al

Filing 205

ORDER SETTING FURTHER SHOW CAUSE HEARING RE: SETTLEMENT. Signed by Judge James Ware on 12/12/11. (sis, COURT STAFF) (Filed on 12/12/2011)

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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 SETTING FURTHER SHOW
CAUSE HEARING RE. SETTLEMENT

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.) On November 15, 2011, Plaintiffs filed a letter contending that their attorney

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had not advised them of the settlement and presenting other objections to the settlement. (hereafter,

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“November 15 Letter,” Docket Item No. 200.) On December 2, 2011, Plaintiffs’ counsel and

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Defendants filed a Joint Statement contending that the settlement was awaiting final approval by the

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

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

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of the settlement proceeds.”2 On December 5, 2011, the Court ordered all parties to “appear at 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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(Joint Statement in Response to Order to Show Cause re: Settlement at 1-2, Docket Item
No. 201.) The Joint Statement does not refer to the November 15 Letter filed by Plaintiffs.

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December 12 hearing and be prepared to address Plaintiffs’ [November 15 Letter] to the Court.”

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(See Docket Item No. 202 at 2.)

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At the December 12 hearing, Plaintiffs’ counsel represented to the Court that he had spoken

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to Plaintiffs during the week prior to the hearing, and further represented that Plaintiffs had decided

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to withdraw the objections to the settlement presented in the November 15 Letter.3 Moreover,

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Defendants’ counsel contended that the settlement had been approved by the Oakland City Council

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and that the settlement was scheduled to appear on the City Council’s public consent calendar on

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December 20, 2011.

Plaintiffs have withdrawn their objections to the settlement, the Court sets January 30, 2012 at

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For the Northern District of California

Accordingly, and in light of Plaintiffs’ counsel’s express representation to the Court that

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United States District Court

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9 a.m. for a further Show Cause Hearing re. Settlement. On or before January 20, 2012, the parties

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shall file a joint statement setting forth the status of the activities of the parties for finalizing the

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settlement, and how much additional time is requested to finalize and file a dismissal of this action.

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If a Stipulated Dismissal is filed pursuant to Fed. R. Civ. P. 41(a), the January 30, 2012 hearing shall

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be automatically vacated.

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Dated: December 12, 2011
JAMES WARE
United States District Chief Judge

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Plaintiffs did not appear at the December 12 hearing, although Plaintiffs’ counsel
represented to the Court that he had informed Plaintiffs of the hearing.
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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 12, 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