Berkeley Cmty. Health Proj. v. City Of Berkeley, 119 F.3d 794 (9th Cir. 1997). · Go Syfert
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Berkeley Cmty. Health Proj. v. City Of Berkeley, 119 F.3d 794 (9th Cir. 1997). Cases Citing This Book View Copy Cite
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cited 3× by 3 distinct cases · …because the district court has vacated its preliminary injunction, this appeal is dismissed as moot. ✓ Topic ↗
5 citation events (4 in the last 25 years) across 1 distinct court.
Strongest positive: Bishop, Heenan & Davies v. Volkswagen Group of America (ca9, 2019-01-22)
Top citers, strongest first. 4 distinct citers. How cited ↗
discussed Cited as authority (quoted) Bishop, Heenan & Davies v. Volkswagen Group of America
9th Cir. · 2019 · signal: see · quote attribution · 1 verbatim quote · confidence high
because the district court has vacated its preliminary injunction, this appeal is dismissed as moot.
discussed Cited as authority (quoted) Bishop, Heenan & Davies v. Volkswagen Group of America
9th Cir. · 2019 · signal: see · quote attribution · 1 verbatim quote · confidence high
because the district court has vacated its preliminary injunction, this appeal is dismissed as moot.
discussed Cited as authority (quoted) Hill v. Volkswagen Grp. of Am., Inc. (In re Volkswagen \Clean Diesel\" Mktg.
unknown court · 2019 · signal: see · quote attribution · 1 verbatim quote · confidence high
because the district court has vacated its preliminary injunction, this appeal is dismissed as moot.
discussed Cited "see, e.g." Mendez v. Mukasey
9th Cir. · 2008 · signal: see also · confidence medium
See In re Palma, 2006 WL 901551 (BIA Mar. 13, 2006) (vacating prior order and issuing new order incorporating the text of the vacated order); see also Berkeley Community Health Project v. City of Berkeley, 119 F.3d 794, 795 (9th Cir.1997) (“Because the district court has vacated its preliminary injunction, this appeal is dismissed as moot.”).
Retrieving the full opinion text from the archive…
Berkeley Community Health Project Copwatch Chris Stanley Green Party Toni Catano
v.
City of Berkeley Shirley Dean, Mayor Daschel Butler, Chief of Police
95-16060.
Court of Appeals for the Ninth Circuit.
Jul 17, 1997.
119 F.3d 794
Cited by 1 opinion  |  Published
1 passages pin-cited by 3 cases
Pinpoint authority: #28,757 of 633,719
Citer courts: Ninth Circuit (2)

119 F.3d 794

BERKELEY COMMUNITY HEALTH PROJECT; CopWatch; Chris
Stanley; Green Party; Toni Catano, Plaintiffs-Appellees,
v.
CITY OF BERKELEY; Shirley Dean, Mayor; Daschel Butler,
Chief of Police, Defendants-Appellants.

No. 95-16060.

United States Court of Appeals,
Ninth Circuit.

Argued and Submitted Dec. 9, 1996.
Decided July 17, 1997.

Manuela Albuquerque, City Attorney (argued), Matthew J. Orebic, Deputy City Attorney, Bruce A. Soublet, Deputy City Attorney, Berkeley, CA, for defendants-appellants.

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

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

Marcia Rosen, Lawyers' Committee for Civil Rights of the San Francisco Bay Area, San Francisco, CA, 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, CA, for amicus curiae Criminal Justice Legal Foundation.

1

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

2

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

3

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

4

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.

5

Before: BROWNING, SKOPIL and FLETCHER, Circuit Judges.

ORDER

6

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.

7

DISMISSED.