Levin v. City and County of San Francisco

Filing 109

ORDER by Judge Charles R. Breyer DENYING 104 Motion to Entertain Rule 60(b) Motion for Relief from Judgment; Hearing scheduled for July 24, 2015 is VACATED. (crblc2, COURT STAFF) (Filed on 7/23/2015)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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United States District Court
For the Northern District of California

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DANIEL LEVIN, ET AL.,
Plaintiffs,

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ORDER DENYING DEFENDANT’S
MOTION TO ENTERTAIN RULE 60(b)
MOTION FOR RELIEF FROM
JUDGMENT

v.

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No. 3:14-cv-03352-CRB

CITY AND COUNTY OF SAN FRANCISCO,
Defendant.

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/

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Defendant the City and County of San Francisco moves for an order that the Court

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will entertain a Federal Rule of Civil Procedure 60(b) motion for relief from the Court’s

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judgment of October 21, 2014 (the “Judgment”). Mot. (dkt. 104) at 1. In light of Plaintiffs’

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Motion to Dismiss the Appeal for Lack of Jurisdiction (Mootness) now pending in the Ninth

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Circuit, see Opp’n (dkt. 107), Ex. B. (dkt. 107-2), the Court DENIES Defendant’s motion

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without prejudice.
If the Ninth Circuit grants Plaintiffs’ motion and determines that the appeal is moot,

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the Court will entertain a Rule 60(b) motion at a later date if the Ninth Circuit has not already

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vacated the Judgment. See Cammermeyer v. Perry, 97 F.3d 1235, 1239 (9th Cir. 1996). The

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Court may also revisit the case in any other way made appropriate by either the Ninth

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//

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//

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Circuit’s disposition of the pending appeal or by the future action of the parties.
IT IS SO ORDERED.

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Dated: July 23, 2015
CHARLES R. BREYER
UNITED STATES DISTRICT JUDGE

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United States District Court
For the Northern District of California

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