Cuviello et al v. City Of Oakland et al

Filing 250

ORDER by Judge Marilyn Hall Patel denying defendant's Motion to Stay proceeding as moot. (awb, COURT STAFF) (Filed on 8/31/2009)

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1 2 3 4 5 6 7 8 9 10 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA JOSEPH P. CUVIELLO, et al., Plaintiffs, v. CITY OF OAKLAND, et al., Defendants. / No. C 06-5517 MHP ORDER Re: Defendants' Motion to Stay Proceedings 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 On July 23, 2009, defendants filed a motion to "stay the hearings on Plaintiffs' Motion to Modify and Plaintiffs' Motion for Sanctions until this court has ruled upon [Judge Chen's July 20, 2009] Recommendation." Docket Nos. 224, 227. These hearings before Magistrate Judge Chen were scheduled to occur before this year's circus performance began on August 12, and have indeed occurred, rendering the issue moot. Such a stay would not have been warranted, in any event. Accordingly, defendants' motion to stay proceedings is DENIED. IT IS SO ORDERED. Dated: 8/28/2009 MARILYN HALL PATEL United States District Court Judge Northern District of California

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