Champagne et al v. The City and County of San Francisco et al

Filing 146

ORDER GRANTING: 145 MOTION FOR ORDER TO SET ASIDE ORDER AND ABSTRACT OF JUDGMENT. Signed by Judge Jeffrey S. White on September 30, 2015. (jswlc3, COURT STAFF) (Filed on 9/30/2015)

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DENNIS J. HERRERA, State Bar #139669
City Attorney
CHERYL ADAMS, State Bar #164194
Chief Trial Deputy
KAREN E. KIRBY, State Bar #146432
Deputy City Attorney
Fox Plaza
1390 Market Street, 6th Floor
San Francisco, California 94102-5408
Telephone:
[phone]
Facsimile:
[phone]
E-Mail:
[e-mail]

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Attorneys for Defendant
CITY AND COUNTY OF SAN FRANCISCO

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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JOHN F. CHAMPAGNE and GARY A.
CHAMPAGNE,

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Plaintiffs,

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Case No. C06-05425 JSW

vs.
CITY AND COUNTY OF SAN
FRANCISCO, et al.,

ADMINISTRATIVE MOTION AND
STIPULATION FOR ORDER TO SET ASIDE
ORDER AND ABSTRACT OF JUDGMENT
AND ORDER THEREON

Defendants.

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Pursuant to Local Rule 7-11, and based on the stipulation of the parties, Defendant, the City

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and County of San Francisco, hereby move this court, pursuant to Rule 60(b), for an Order setting

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aside the Order entered in this action on October 15, 2008 awarding attorney fees to defendant City

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and County of San Francisco in the amount of $153,867.50 (One Hundred Fifty Three Thousand,

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Eight Hundred Sixty Seven Dollars and Fifty Cents) and the accompanying abstract of judgment

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entered on December 26, 2008.

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Admin Motion and Stipulation to Set Aside Order and
Abstract of Judgment; C06-05425 JSW

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Pursuant to the Federal Rules of Civil Procedure Rule 60(b), the court may relieve a party from

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a final judgment, order, or proceeding for any other reason, not specifically enumerated, that justifies

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relief. Relief should be granted from the original judgment in accordance with the United States Court

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of Appeals for the Ninth Circuit order entered on October 6, 2010.

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DATED: September 24, 2015

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DENNIS J. HERRERA
City Attorney
CHERYL ADAMS
Chief Trial Deputy
KAREN E. KIRBY
Assistant Chief Trial Deputy

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By:

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/s/ Karen E. Kirby
KAREN E. KIRBY
Attorneys for Defendant
CITY AND COUNTY OF SAN FRANCISCO

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STIPULATION OF COUNSEL

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THE UNDERSIGNED COUNSEL HEREBY STIPULATE:

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1)

On October 15, 2008 the United States District Court for the Northern District of

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California issued an order granting Defendants’ motion for attorneys’ fees in the amount of

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$153,867.50 (One Hundred Fifty Three Thousand, Eight Hundred Sixty Seven Dollars and Fifty

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Cents).
2)

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On December 26, 2008 the Court issued an Abstract of Judgment in the amount of

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$153,867.50 (One Hundred Fifty Three Thousand, Eight Hundred Sixty Seven Dollars and Fifty

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Cents).
3)

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On October 6, 2010, the United States Court of Appeals for the Ninth Circuit reversed

the Defendants’ award of attorneys’ fees.

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Admin Motion and Stipulation to Set Aside Order and
Abstract of Judgment; C06-05425 JSW

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4)

The parties agree that the judgment for attorney’s fees issued on October 15, 2008 in

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the amount of $153,867.50 (One Hundred Fifty Three Thousand, Eight Hundred Sixty Seven Dollars

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and Fifty Cents) should be vacated.

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IT IS SO STIPULATED.
DATED: September 24, 2015

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DENNIS J. HERRERA
City Attorney
CHERYL ADAMS
Chief Trial Deputy
KAREN E. KIRBY
Assistant Chief Trial Deputy

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By:

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Attorneys for Defendant
CITY AND COUNTY OF SAN FRANCISCO

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/s/ Karen E. Kirby
KAREN E. KIRBY

DATED: September 24, 2015

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TAXMAN WAKEFORD
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By:
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/s/ Steven B. Taxman
STEVEN B. TAXMAN
Attorneys for Plaintiffs
JOHN F. CHAMPAGNE and GARY A. CHAMPAGNE

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Admin Motion and Stipulation to Set Aside Order and
Abstract of Judgment; C06-05425 JSW

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PROPOSED ORDER

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The October 15, 2008 Order awarding attorney fees against plaintiffs JOHN F. CHAMPAGNE

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and GARY A. CHAMPAGNE in the amount of $153,867.50 (One Hundred Fifty Three Thousand,

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Eight Hundred Sixty Seven Dollars and Fifty Cents) and the Abstract of Judgment dated December 26,

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2008 in the amount of $153,867.50 (One Hundred Fifty Three Thousand, Eight Hundred Sixty Seven

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Dollars and Fifty Cents) are hereby VACATED.

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BASED ON THE STIPULATION, AND FOR GOOD CAUSE SHOWN, IT IS SO
ORDERED.

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DATED: September 30, 2015

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THE HONORABLE JEFFREY S. WHITE
UNITED STATES DISTRICT COURT JUDGE

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Admin Motion and Stipulation to Set Aside Order and
Abstract of Judgment; C06-05425 JSW

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