Haynes v. City and County of San Francisco et al

Filing 73

ORDER by Judge Maria-Elena James denying 72 Motion for Reconsideration (cdnS, COURT STAFF) (Filed on 1/5/2015)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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PAUL M. HAYNES,

Case No. 13-cv-01567-MEJ

Plaintiff,
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ORDER DENYING MOTION FOR
LEAVE TO FILE MOTION FOR
RECONSIDERATION

v.
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CITY AND COUNTY OF SAN
FRANCISCO, et al.,
Defendants.
Pending before the Court is Plaintiff Paul M. Haynes’ Motion for Leave to File Motion for
Reconsideration. Dkt. No. 72. In his Motion, Plaintiff states that he has exercised his right to

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United States District Court
Northern District of California

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revoke the settlement agreement, and he requests that the Court order Defendants to reinstatement

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his employment. The Court may permit a motion for reconsideration if Plaintiff shows:

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(1) That at the time of the motion for leave, a material difference in
fact or law exists from that which was presented to the Court before
entry of the interlocutory order for which reconsideration is sought.
The party also must show that in the exercise of reasonable diligence
the party applying for reconsideration did not know such fact or law
at the time of the interlocutory order; or
(2) The emergence of new material facts or a change of law
occurring after the time of such order; or
(3) A manifest failure by the Court to consider material facts or
dispositive legal arguments which were presented to the Court
before such interlocutory order.

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Civ. L.R. 7-9(b). Here, as the Court has already declared the settlement agreement valid and

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enforceable, Plaintiff’s purported revocation is ineffective. See Dkt. Nos. 66, 71. Consequently,

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Plaintiff’s Motion is DENIED.

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The parties are reminded that, if the settlement ordinance has not become effective, they

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must file an updated status report by January 15, 2015. Mr. Haynes is also reminded that failure

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by him to comply with the terms of the settlement agreement may result in sanctions.

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IT IS SO ORDERED.
Dated: January 5, 2015

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MARIA-ELENA JAMES
United States Magistrate Judge