The monumental lawsuit against the City of Los Angeles and the Fashion District BID for their abominable treatment of street vendors was set for trial in January. However, papers filed with the court yesterday announce that the plaintiffs have reached a settlement with the City and as soon as it’s approved, a process which can take many months for it to work its way through Committees and Council, they will drop the case against both the City and the BID. Hence they asked Judge Beverly Reid O’Connell to put the calendar on hold until the settlement is approved.
Today Virginia Phillips, Chief Judge of the local federal district, issued an order vacating the schedule in anticipation of this settlement. You can read the joint notice of pending settlement that inspired the order, and, as always, there’s a transcript of both documents after the break.
Transcript of Joint Notice:
The parties to the above-captioned action file this JOINT NOTICE OF TENTATIVE SETTLEMENT AND REQUEST TO VACATE PENDING SCHEDULE.
The Plaintiffs and Defendant City have reached a tentative settlement with the City. Upon final approval by the City, Plaintiffs will dismiss the action with prejudice against all parties.
The settlement requires a four-step process of approval by the City Claims Board, Budget and Finance Committee, full City Council and the Mayor. It is anticipated that the approval process will take at least several weeks to complete. The current case schedule included impending cut-off dates for discovery and the filing of dispositive motions in October, 2017. To avoid incurring additional time and expense in this matter while the tentative settlement proceeds through the City’s approval process, the parties request that the Court issue an order vacating the current dates.
The parties propose that the Court direct them to file a report regarding the state of the settlement no later than December 1, 2017. If the settlement is completed before that date, Plaintiffs will file a dismissal with prejudice.
Transcript of Order Vacating Schedule:
The parties to the above-captioned action filed a JOINT NOTICE OF TENTATIVE SETTLEMENT AND REQUEST TO VACATE PENDING SCHEDULE, advising the Court that a tentative settlement has been reached in this action and requesting that the Court vacate all current scheduling dates to permit the settlement to be concluded. The Court is advised that, upon final approval, Plaintiffs will dismiss the action with prejudice against all parties.
The parties have informed the Court that the settlement requires a four-step approval process by the Defendant City of Los Angeles, which is anticipated to take at least several weeks to complete. The current case schedule includes cut-off dates for discovery and the filing of dispositive motions in October, 2017. The Court agrees that vacating the current schedule dates is appropriate to avoid the parties incurring substantial additional time and expense in this matter while the settlement is in the approval process.
The Court finds that there is good cause to grant the requested relief.
Accordingly, the trial date and all related dates in this action are vacated. The parties are directed to file a status report regarding the state of the settlement no later than December 1, 2017. If the settlement is completed before that date, Plaintiffs are to file a dismissal with prejudice.
Image of Federal Judge the Honorable Beverly Reid O’Connell is ©2017 MichaelKohlhaas.Org and is based on this item here.