City of Oakland v. Hotels.Com, L.P. et al

Filing 55

ORDER: That the Court's 45 Order of 11/06/07 is amended such that the action is DISMISSED WITHOUT PREJUDICE. Case shall be reopened and closed after the affect of the amendment re 53 USCA Mandate. Signed by Judge Saundra Brown Armstrong, on 9/9/09. (lrc, COURT STAFF) (Filed on 9/14/2009) Modified on 9/15/2009 (jlm, COURT STAFF).

1 2 3 4 5 6 CITY OF OAKLAND, CALIFORNIA, 7 8 vs. Plaintiff, Case No: C 07-3432 SBA ORDER IMPLEMENTING NINTH CIRCUIT MANDATE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA OAKLAND DIVISION

9 HOTELS.COM LP, et al., 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Dated: September 9, 2009 ____________________________ SAUNDRA BROWN ARMSTRONG United States District Judge On November 6, 2007, the Court granted Defendants' motion to dismiss and dismissed the action with prejudice. (Docket 45). The Ninth Circuit affirmed this Court's ruling but remanded the action "so that the dismissal is without prejudice." Slip. Op. at 11477. The Ninth Circuit issued its mandate on September 1, 2009. Accordingly, IT IS HEREBY ORDERED THAT the Court's Order of November 6, 2007 (Docket 45) shall be amended at page 14, line 2, such that the phrase "dismissed with prejudice" is amended to state "dismissed without prejudice." The Clerk shall reopen the file to effect the amendment above, and close the file upon completion thereof. IT IS SO ORDERED. Defendants.