City of Berkeley et al v. United States Postal Service et al

Filing 39

ORDER RE WITHDRAWAL OF MOTION FOR PRELIMINARY INJUNCTION. Signed by Judge Alsup on 12/5/2014. (whalc2, COURT STAFF) (Filed on 12/5/2014)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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For the Northern District of California

United States District Court

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CITY OF BERKELEY, and MAYOR
AND MEMBERS OF THE CITY
COUNCIL OF THE CITY OF
BERKELEY,
Plaintiffs,

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No. C 14-04916 WHA

ORDER RE WITHDRAWAL OF
MOTION FOR PRELIMINARY
INJUNCTION

v.

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UNITED STATES POSTAL SERVICE,
PATRICK R. DONAHOE, TOM A.
SAMRA, and DIANA ALVARADO,

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Defendants.

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/

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On December 5, 2014, the parties filed a joint status report. The parties stipulated that

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while the USPS had entered into a contract to sell the Berkeley Post Office, the buyer has

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terminated that agreement.

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Given this recent development, the parties have agreed that: (1) plaintiffs will withdraw

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their motion for a preliminary injunction without prejudice and the TRO issued on November 5,

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2014, shall be vacated; (2) defendants have agreed that during the pendency of this lawsuit, they

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will provide plaintiffs and this Court with at least 45-days notice prior to the closing of any

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future sale; and (3) defendants shall have until February 4th, 2015, to respond to plaintiffs’

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complaint.

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In addition, plaintiffs request that the Court: (1) order the USPS to release the Hudson
McDonald contract that is currently subject to a pending FOIA request; (2) consider the
preliminary injunction deemed issued for the purposes of a future petition for attorney’s fees; (3)

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order the USPS to notify all future prospective buyers of the pending litigation; and (4) keep this

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case on calendar for the December 11, 2014, hearing to provide the Court an opportunity to

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confer with the parties regarding the status of the case.

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Plaintiffs’ request regarding the release of the Hudson McDonald contract is DENIED.

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Plaintiffs’ request to consider the preliminary injunction deemed issued for the purposes

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of a future petition for attorney’s fees is DENIED. This denial is without prejudice to a later

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application for attorney’s fees in this case. At this point, the Court will not deem that any motion

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for a preliminary injunction has been hypothetically granted.

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the pending litigation is DENIED.

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For the Northern District of California

United States District Court

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Plaintiffs’ request that the Court order the USPS to notify all future prospective buyers of

The November 5, 2014, TRO is hereby VACATED.

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Plaintiffs’ motion for a preliminary injunction is DENIED AS MOOT and is hereby

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WITHDRAWN.
The DECEMBER 11, 2014, hearing date will remain. The parties shall appear to discuss
whether this case is now moot and should be dismissed.

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IT IS SO ORDERED.

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Dated: December 5, 2014.

WILLIAM ALSUP
UNITED STATES DISTRICT JUDGE

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