Millsmont Homeowners Association v. City of Oakland et al

Filing 55

ORDER DENYING DEFENDANTS' REQUEST TO VACATE HEARING. Signed by Judge Maxine M. Chesney on December 3, 2008. (mmclc2, COURT STAFF) (Filed on 12/3/2008)

1 2 3 4 5 6 7 8 9 10 For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 United States District Court MILLSMOUNT HOMEOWNERS ASSOCIATION, Plaintiff, v. CITY OF OAKLAND, et al., Defendants. / No. C-06-3955 MMC ORDER DENYING DEFENDANTS' REQUEST TO VACATE HEARING IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

The Court is in receipt of plaintiff's "Motion for Order Approving Consent Decree," filed October 28, 2008, and defendants' joinder in said motion, filed December 1, 2008. In their joinder, defendants request that the Court vacate the December 5, 2008 hearing on the motion. As the Court has questions it wishes to pose to the parties concerning the settlement, and because defendants, in said joinder, unilaterally proposed findings in addition to the findings that were jointly proposed by the parties and incorporated in the document memorializing their stipulation for settlement, the Court finds a hearing would be beneficial. Accordingly, defendants' request to vacate the December 5, 2008 hearing is hereby DENIED. IT IS SO ORDERED. Dated: December 3, 2008 MAXINE M. CHESNEY United States District Judge