Prison Legal News v. Schwarzenegger et al

Filing 63

ORDER Requiring Further Briefing on the Court's Decision Not To Terminate Jurisdiction. Signed by Judge Claudia Wilken on 08/04/10. (cwlc3, COURT STAFF) (Filed on 8/4/2010)

Prison Legal News v. Schwarzenegger et al

Doc. 63

1 2 3 4 5 6 7 8 9 10 United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 v. ARNOLD SCHWARZENEGGER, et al., Defendants. / On August 3, 2010, the mandate issued in Prison Legal News v. Schwarzenegger, 608 F.3d 446 (9th Cir. 2010). The Ninth Circuit PRISON LEGAL NEWS, Plaintiff, No. C 07-02058 CW ORDER REQUIRING FURTHER BRIEFING ON THE COURT'S DECISION NOT TO TERMINATE JURISDICTION IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

largely affirmed this Court's December 5, 2008 Order Granting in Part and Denying in Part Plaintiff's Motion for Recovery of Attorneys' Fees and Costs. However, the Ninth Circuit could not

discern from the record "[w]hether the time has come for the district court to terminate its jurisdiction." Id. at 455 The

Ninth Circuit noted that the "record is silent with respect to many of the state officials' obligations under the agreement and the extent to which they have been fulfilled." Id. Therefore, the

Ninth Circuit vacated this Court's decision not to terminate

Dockets.Justia.com

1 2 3 4 5 6 7 8 9 10 United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

jurisdiction. In light of the Ninth Circuit's opinion, when Defendants are prepared to do so, they may file a motion to terminate jurisdiction along with evidence that they have completed their obligations. Plaintiff may file its response sixty days thereafter and Defendant may reply thirty days later. necessary. The Court will set a hearing if

Meanwhile, the case is administratively closed.

IT IS SO ORDERED.

Dated: 08/04/10 CLAUDIA WILKEN United States District Judge

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