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Hall v. City of Fairfield

United States District Court, Ninth Circuit, California, E.D. California
Mar 27, 2015
2:10-cv-0508 DAD (E.D. Cal. Mar. 27, 2015)

Opinion


MARKUS M. HALL, MONIQUE G. RANKIN, LINDSEY K. SANDERS, Plaintiffs, v. CITY OF FAIRFIELD, OFFICER NICK McDOWELL, OFFICER CHRIS GRIMM, OFFICERS TOM SHACKFORD, OFFICER ZACK SANDOVAL, AND SERGEANT STEVE CRANE, Defendants. No. 2:10-cv-0508 DAD United States District Court, E.D. California. March 27, 2015

          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). Attorney Thiele Dunaway appeared at the hearing on behalf of the plaintiffs and attorney Suzanne Nicholson appeared on behalf of the defendants.

The parties have previously consented to Magistrate Judge jurisdiction over this action pursuant to 28 U.S.C. § 636(c). (Dkt. No. 175.)

         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 innocence by the Solano County Superior Court;

The judgment in this action will not be vacated at this time.

         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 Court; and

The court recognizes that the determination of plaintiffs' petitions for factual innocence is entirely a matter for the Solano County Superior Court to decide.

         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).

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.


Summaries of

Hall v. City of Fairfield

United States District Court, Ninth Circuit, California, E.D. California
Mar 27, 2015
2:10-cv-0508 DAD (E.D. Cal. Mar. 27, 2015)
Case details for

Hall v. City of Fairfield

Case Details

Full title:MARKUS M. HALL, MONIQUE G. RANKIN, LINDSEY K. SANDERS, Plaintiffs, v. CITY…

Court:United States District Court, Ninth Circuit, California, E.D. California

Date published: Mar 27, 2015

Citations

2:10-cv-0508 DAD (E.D. Cal. Mar. 27, 2015)