Nextdoor.com, Inc. v. Abhyanker

Filing 574

ORDER by Judge Edward M. Chen Granting 524 Plaintiff's Motion to Enforce Settlement. (emcsec, COURT STAFF) (Filed on 6/7/2021)

Case 3:12-cv-05667-EMC Document 574 Filed 06/07/21 Page 1 of 2

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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NEXTDOOR, INC.,
Plaintiff,

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United States District Court
Northern District of California

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Case No. 12-cv-05667-EMC

v.
RAJ ABHYANKER,
Defendant.

ORDER GRANTING PLAINTIFF’S
MOTION TO ENFORCE
SETTLEMENT
Docket Nos. 501, 524

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Previously, the Court granted Nextdoor’s motion for immediate interim relief. See Docket

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No. 561 (order). In the same order, the Court noted that Nextdoor’s motion to enforce the

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Settlement Agreement should also be granted but deferred issuing that order because of Mr.

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Abhyanker’s pending appeal. Mr. Abhyanker has now voluntarily dismissed his appeal. See

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Docket No. 569 (Ninth Circuit order). The Court therefore now GRANTS Nextdoor’s motion to

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enforce the Settlement Agreement.

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Mr. Abhyanker has suggested that this order is unnecessary because he has complied with

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the Settlement Agreement and/or the Court’s order on interim relief. However, “[i]t is well settled

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that ‘a defendant’s voluntary cessation of a challenged practice does not deprive a federal court of

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its power to determine the legality of the practice,’” as “‘[i]f it did, the courts would be compelled

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to leave “the defendant . . . free to return to his old ways.”’” Friends of the Earth, Inc. v. Laidlaw

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Envtl. Servs. (TOC), Inc., 528 U.S. 167, 189 (2000). Mr. Abhyanker has not his met “‘heavy

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burden of persuading’ [this] [C]ourt that the challenged conduct cannot reasonably be expected to

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start up again’”; given the history of this litigation, it is not “‘absolutely clear that [his] behavior

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could not reasonably be expected to recur.’” Id.

Case 3:12-cv-05667-EMC Document 574 Filed 06/07/21 Page 2 of 2

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Because the appeal has now been resolved, the Court also addresses Mr. Abhyanker’s
motion to stay. See Docket No. 501. The motion is DENIED as moot.
This order disposes of Docket Nos. 501 and 524.

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IT IS SO ORDERED.

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Dated: June 7, 2021

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______________________________________
EDWARD M. CHEN
United States District Judge

United States District Court
Northern District of California

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