Berkeley Community Health Project v. City of Berkeley

Ninth Circuit

Berkeley Community Health Project v. City of Berkeley

119 F.3d 794, 1997 WL 401222

Court of Appeals for the Ninth Circuit·Decided July 17, 1997·No. No. 95-16060·Published·Cited by 1 cases

Opinion

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 prehminary injunction, dismiss the action with prejudice, and award attorney’s fees. The district court agreed to the par[795] ties’ 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.

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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 prehminary injunction, dismiss the action with prejudice, and award attorney’s fees. The district court agreed to the par[795] ties’ 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.

Berkeley Community Health Project v. City of Berkeley, 119 F.3d 794, 1997 WL 401222 (9th Cir. 1997).

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Opinion

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