Young v. Third and Mission Associates LLC et al

Filing 101

REQUEST FOR RESPONSEResponse due by 7/9/2015Signed by Judge Alsup on 7/6/15. (whalc1, COURT STAFF) (Filed on 7/6/2015)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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FANYA YOUNG,

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For the Northern District of California

United States District Court

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Plaintiff,

No. C 14-03627 WHA

v.

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THIRD AND MISSION ASSOCIATES
LLC,

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Defendant.

REQUEST FOR RESPONSE

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On August 11, 2014, pro se plaintiff, Fanya Young, an attorney, commenced this

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landlord-tenant dispute and filed a motion for a temporary restraining order to prevent her

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eviction. A hearing was held and a temporary restraining order followed. Defendants were

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enjoined from seeking to evict Attorney Young until a hearing on her motion for a preliminary

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injunction occurred, provided that she post a security deposit pursuant to Rule 65. A $5,000

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security deposit was placed with the Court (Dkt. No. 8). Attorney Young’s motion for a

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preliminary injunction was denied and the temporary restraining order was lifted (Dkt. No. 33).

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A December 18 order granted defendants’ motion for a portion of that deposit (Dkt.

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No. 88). That order stated “[i]f either side files a notice of appeal of this order on or before

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JANUARY 19, 2015, then this order shall be stayed pending appeal. If no appeal is filed by

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January 19, the Clerk shall issue a check to ‘The Paramount’ in the amount $763 from

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Attorney Young’s $5,000 deposit and return the balance to Attorney Young by
JANUARY 30, 2015.”

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Attorney Young filed an appeal on January 20. Defendants did not appeal. The funds

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have not been released. On June 10, the Court of Appeals for the Ninth Circuit denied Attorney

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Young’s “emergency motion to release funds” but noted that decision was without prejudice to

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seeking relief from the district court. Attorney Young has filed a draft order and contacted the

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Court seeking release of the funds pursuant to the order issued on December 18.

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Defendant is asked to inform the Court whether it has any objections to the release of the

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balance not subject to appeal, $4,237, plus interest accrued on that sum, to Attorney Young by

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JULY 9 AT NOON.

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Dated: July 6, 2015.

WILLIAM ALSUP
UNITED STATES DISTRICT JUDGE

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For the Northern District of California

United States District Court

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