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Berkeley Comm. Hlth. Proj. v. City, Berkeley

United States Court of Appeals, Ninth Circuit
Jul 17, 1997
119 F.3d 794 (9th Cir. 1997)

Summary

dismissing an appeal as moot since, in the meantime, the district court vacated its preliminary injunction

Summary of this case from Lusardi Constr. Co. v. Lehman Re, Ltd.

Opinion

No. 95-16060

Argued and Submitted December 9, 1996 — San Francisco, California.

Filed July 17, 1997

COUNSEL

Manuela Albuquerque, City Attorney (argued); Matthew J. Orebic, Deputy City Attorney; and Bruce A. Soublet, Deputy City Attorney, Berkeley, California, for the appellants.

Alan L. Schlosser, ACLU Foundation Of Northern California, San Francisco, California (argued); Harry B. Bremond, Sara D. Harrington, Sandy L. Roth, Wilson, Sonsini, Goodrich Rosati, Palo Alto, California; James B. Chanin, Berkeley-Albany-Richmond-Kensington Chapter Of The ACLU, Berkeley, California; and Osha Neumann, Berkeley, California, for the appellees.

Walter A. Smith, Jr., Hogan Hartson, Washington, D.C., for amicus curiae National Law Center on Homelessness Poverty.

Marcia Rosen, Lawyers' Committee For Civil Rights Of The San Francisco Bay Area, San Francisco, California, for amici curiae Coalition on Homelessness (San Francisco), American Jewish Congress, Californians for Justice, Committee in Solidarity with the People of El Salvador, Greenpeace, Guatemala News and Information Bureau and Lawyers' Committee for Civil Rights of the San Francisco Bay area.

Stephanie J. Finelli, Sacramento, California, for amicus curiae Criminal Justice Legal Foundation.

H. Joseph Escher, III, Howard, Rice, Nemorovski, Canady, Falk Rabkin, San Francisco, California, for amicus curiae American Alliance for Rights Responsibilities.

John G. Barisone, Atchison, Anderson, Hurley Barisone, Santa Cruz, California, for amici curiae California cities and counties.

Thomas F. Gede, Special Assistant Attorney General, Sacramento, California, for amicus curiae State of California.

Appeal from the United States District Court for the Northern District of California, Claudia Wilken, District Judge, Presiding.

D.C. No. CV 95-0665 CW.

Before: James R. Browning, Otto R. Skopil, Jr., and Betty B. Fletcher, Circuit Judges.


ORDER

The City of Berkeley appeals the district court's decision to issue a preliminary injunction preventing the city from enforcing an ordinance regulating solicitation on city sidewalks. See Berkeley Community Health Project v. City of Berkeley, 902 F. Supp. 1084, 1091 (N.D. Cal. 1995). After argument, the parties reached a settlement, and petitioned this court to dismiss the appeal pursuant to Fed.R.App.P. 42(b). We remanded to the district court for its approval of the settlement, which included the parties' request to vacate the preliminary injunction, dismiss the action with prejudice, and award attorney's fees. The district court agreed to the parties' requests. Because the district court has vacated its preliminary injunction, this appeal is dismissed as moot. Costs shall be allocated pursuant to the terms of the stipulation. A certified copy of this order, sent to the district court, shall act as and for the mandate of this court.

DISMISSED.


Summaries of

Berkeley Comm. Hlth. Proj. v. City, Berkeley

United States Court of Appeals, Ninth Circuit
Jul 17, 1997
119 F.3d 794 (9th Cir. 1997)

dismissing an appeal as moot since, in the meantime, the district court vacated its preliminary injunction

Summary of this case from Lusardi Constr. Co. v. Lehman Re, Ltd.

dismissing an appeal as moot since, in the meantime, the district court vacated its preliminary injunction

Summary of this case from Hemmer v. Barger
Case details for

Berkeley Comm. Hlth. Proj. v. City, Berkeley

Case Details

Full title:BERKELEY COMMUNITY HEALTH PROJECT; COPWATCH; CHRIS STANLEY; GREEN PARTY…

Court:United States Court of Appeals, Ninth Circuit

Date published: Jul 17, 1997

Citations

119 F.3d 794 (9th Cir. 1997)

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