Boyd et al v. City and County of San Francisco et al

Filing 476

ORDER by Magistrate Judge Elizabeth D. Laporte denying 471 Motion for Sanctions (edllc2, COURT STAFF) (Filed on 10/27/2008)

1 2 3 4 5 6 7 8 9 10 United United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 v. CITY AND COUNTY OF SAN FRANCISCO, et al., Defendants. / BOYD, et al., Plaintiffs, No. C-04-05459 MMC (EDL) ORDER DENYING PLAINTIFF'S MOTION FOR ORDER HOLDING DEFENDANT IN CONTEMPT IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

On October 24, 2008, Plaintiff filed a Motion for Order Holding Defendant in Contempt, but did not notice the motion for a hearing date and did not move to shorten time to hear the motion. Also on October 24, 2008, Defendants filed a Release of Abstract of Judgment. The Release appears to render the matter moot and in any event to be inconsistent with the requirement of clear and convincing evidence of willful disobedience or bad faith for imposing the sanction sought by Plaintiff. Therefore, Plaintiff's improperly noticed motion is denied. IT IS SO ORDERED. Dated: October 27, 2008 ELIZABETH D. LAPORTE United States Magistrate Judge