Sapp v. County of Alameda et al Doc.

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Case 3:03-cv-01066-PJH Document 106 Filed 09/11/2006 Page 1 of 2

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3 UNITED STATES DISTRICT COURT
4 NORTHERN DISTRICT OF CALIFORNIA
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7 RAMON JERMAINE SAPP,
8 Plaintiff, No. C 03-1066 PJH
9 v. ORDER VACATING
JUDGMENT
10 COUNTY OF ALAMEDA, et al.,
United States District Court

11 Defendants.
_______________________________/
For the Northern District of California

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13 The court is in receipt of a September 8, 2006 letter filed by counsel for defendant
14 Alameda County Medical Center aka Highland Hospital (“Highland Hospital”). In it,
15 defendant points out that the court’s entry of judgment in the case on August 29, 2006, was
16 based upon erroneous information provided by separate defense counsel on August 22,
17 2006, indicating that judgment was warranted in view of (1) the parties’ earlier stipulated
18 request for dismissal, and (2) the court’s prior ruling on defendant Highland Hospital’s
19 summary adjudication motion.
20 In fact, Highland Hospital is correct that, although a stipulated dismissal was filed for
21 all defendants except Highland Hospital and summary adjudication granted in Highland
22 Hospital’s favor, it appears that two causes of action still remain against Highland Hospital,
23 as stated in plaintiff’s third amended complaint: (1) plaintiff’s first cause of action for
24 professional negligence; and (2) plaintiff’s third cause of action for negligence.
25 Accordingly, the court hereby VACATES the judgment pursuant to Federal Rule of
26 Civil Procedure 60(a), and further ORDERS that the remaining parties attend a case
27 management conference to be held on September 28, 2006, at 2:30 p.m., Courtroom 3,
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Dockets.Justia.com
 Case 3:03-cv-01066-PJH Document 106 Filed 09/11/2006 Page 2 of 2

1 17th Floor, 450 Golden Gate Ave., San Francisco, California.

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3 IT IS SO ORDERED.
4 Dated: September 11, 2006
______________________________
5 PHYLLIS J. HAMILTON
United States District Judge
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United States District Court

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For the Northern District of California

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