HALL v. CITY OF FAIRFIELD, 2:10-cv-0508 DAD. (2015)
Court: District Court, E.D. California
Number: infdco20150331a30
Visitors: 8
Filed: Mar. 27, 2015
Latest Update: Mar. 27, 2015
Summary: ORDER DALE A DROZD , Magistrate Judge . This matter came before the court on March 27, 2015, for hearing of the parties' joint motion to vacate judgment pursuant to Federal Rule of Civil Procedure 60(b)(6). 1 Attorney Thiele Dunaway appeared at the hearing on behalf of the plaintiffs and attorney Suzanne Nicholson appeared on behalf of the defendants. Upon consideration of the parties' arguments on file and at the hearing, and for the reasons set forth in detail on the record at the hear
Summary: ORDER DALE A DROZD , Magistrate Judge . This matter came before the court on March 27, 2015, for hearing of the parties' joint motion to vacate judgment pursuant to Federal Rule of Civil Procedure 60(b)(6). 1 Attorney Thiele Dunaway appeared at the hearing on behalf of the plaintiffs and attorney Suzanne Nicholson appeared on behalf of the defendants. Upon consideration of the parties' arguments on file and at the hearing, and for the reasons set forth in detail on the record at the heari..
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ORDER
DALE A DROZD, Magistrate Judge.
This matter came before the court on March 27, 2015, for hearing of the parties' joint motion to vacate judgment pursuant to Federal Rule of Civil Procedure 60(b)(6).1 Attorney Thiele Dunaway appeared at the hearing on behalf of the plaintiffs and attorney Suzanne Nicholson appeared on behalf of the defendants.
Upon consideration of the parties' arguments on file and at the hearing, and for the reasons set forth in detail on the record at the hearing, IT IS HEREBY ORDERED that:
1. The parties' joint motion to vacate judgment (Dkt. No. 254) is conditionally granted subject to the granting of plaintiffs' petitions for determinations of factual innocence2 by the Solano County Superior Court;
2. As requested by the parties, after the Solano County Superior Court rules upon plaintiffs' petitions for factual innocence, plaintiffs' counsel shall notify the court of the decision of the Solano County Superior Court3; and
3. If the Solano County Superior Court grants the plaintiffs' petitions for determinations of factual innocence, this court will issue an order vacating the judgment in this action pursuant to Federal Rule of Civil Procedure 60(b)(6).4
FootNotes
1. The parties have previously consented to Magistrate Judge jurisdiction over this action pursuant to 28 U.S.C. § 636(c). (Dkt. No. 175.)
2. The judgment in this action will not be vacated at this time.
3. The court recognizes that the determination of plaintiffs' petitions for factual innocence is entirely a matter for the Solano County Superior Court to decide.
4. In the event that the Solano County Superior Court does not elect to grant plaintiffs' petitions for factual innocence, the judgment previously entered in this civil action will not be vacated.
Source: Leagle
