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

Filing 57

ORDER DENYING MOTION FOR RECONSIDERATION. Signed by Judge JEFFREY S. WHITE on 5/22/13. (jjoS, COURT STAFF) (Filed on 5/22/2013)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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FRANK AND DEBORAH MCDOWELL,

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For the Northern District of California

United States District Court

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No. C 12-03192 JSW
ORDER DENYING MOTION FOR
RECONSIDERATION

Plaintiffs,
v.
CITY AND COUNTY OF SAN FRANCISCO,
Defendant.

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On May 14, 2013, the Court granted Defendant’s motion to dismiss Plaintiffs’ Second

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Amended Complaint, and it dismissed this case with prejudice. On May 20, 2013, Plaintiffs

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filed a motion for reconsideration, which the Court shall liberally construe as a motion for relief

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from judgment pursuant to either Rule 59(e) or 60(b). Plaintiffs’ motion is timely under either

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of these rules. See Fed. R. Civ. P. 59(e), Fed. R. Civ. P. 60(c). In their motion, Plaintiffs ask

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the Court to revisit its decision based on a ruling by the State of California’s Public

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Employment Relations’ Board on whether the provisions of Proposition G constitute an

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unreasonable rule within the meaning of the Meyers-Millias Brown Act.

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The Court finds no basis to revisit its decision under either Rule 59(e) or 60(b).
Accordingly, Plaintiffs’ motion for reconsideration is DENIED.
IT IS SO ORDERED.
Dated: May 22, 2013
JEFFREY S. WHITE
UNITED STATES DISTRICT JUDGE

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UNITED STATES DISTRICT COURT

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FOR THE

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NORTHERN DISTRICT OF CALIFORNIA

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FRANK AND DEBORAH MCDOWELL
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Case Number: CV12-03192 JSW

Plaintiff,

CERTIFICATE OF SERVICE

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For the Northern District of California

United States District Court

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v.

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FRANCISCO et al,
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Defendant.
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I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S.
14 District Court, Northern District of California.
15 That on May 22, 2013, I SERVED a true and correct copy(ies) of the attached, by placing
said copy(ies) in a postage paid envelope addressed to the person(s) hereinafter listed, by
16 depositing said envelope in the U.S. Mail, or by placing said copy(ies) into an inter-office
delivery receptacle located in the Clerk's office.
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19 Deborah McDowell
Frank McDowell
20 2800 Bellwort Court
Antioch, CA 94531
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Dated: May 22, 2013
Richard W. Wieking, Clerk
By: Jennifer Ottolini, Deputy Clerk