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BERKELEY COMMUNITY HEALTH PROJECT v. CITY OF BERKE

June 17, 1997

BERKELEY COMMUNITY HEALTH PROJECT, et al., Plaintiffs,
v.
CITY OF BERKELEY, et al., Defendants.



The opinion of the court was delivered by: WILKEN

 The Court having read and considered the stipulated settlement of the parties herein: IT IS HEREBY ORDERED as follows:

 1. The preliminary injunction heretofore issued by this Court enjoining the enforcement of Berkeley Municipal Code chapter 13.37 is hereby vacated and dissolved.

 2. This action is dismissed with prejudice.

 3. Defendants shall pay plaintiffs' attorneys' fees in the amount of $ 110,000 as set forth in the stipulation of the parties.

 Dated: JUN 17 1997

 CLAUDIA WILKEN

 Judge of the District Court

 ATTACHMENT

 MANUELA ALBUQUERQUE, City Attorney (Bar No. 67464)

 MATTHEW J. OREBIC, Deputy City Attorney (Bar No. 124491)

 BRUCE A. SOUBLET, Deputy City Attorney (Bar No. 83919)

 2180 Milvia Street, Fourth Floor

 Berkeley, California 94704

 TEL: (510) 644-6380

 FAX: (510) 644-8641

 Attorneys for Defendants

 UNITED STATES DISTRICT COURT

 NORTHERN DISTRICT OF CALIFORNIA

 BERKELEY COMMUNITY HEALTH PROJECT, et al., Plaintiffs, vs. CITY OF BERKELEY, et al., Defendants.

 NO. C95 00665 CW

 STIPULATION REGARDING SETTLEMENT, VACATION OF INJUNCTION AND DISMISSAL OF ACTION

 It is hereby stipulated by and between the plaintiffs and defendants in the above-entitled matter as follows:

 1. The Berkeley City Council intends to adopt the following two ordinances:

 a. A repeal of Berkeley Municipal Code ("B.M.C.") sections 13.36.015 and related provisions of B.M.C. section 13.36.100, which regulate sitting and lyingn on sidewalks in commercial districts; and

 b. An amendment to B.M.C. chapter 13,37 to delete the provisions thereof relating to solicitation after dark, from persons entering or exiting automobiles and within six feet of building fronts adjacent to the public right of way.

 2. Upon adoption of such ordinances, the parties stipulate that an order may be entered in this matter as follows:

 a. As the parties have entered into a stipulated settlement, the injunction entered herein against the enforcement of B.M.C. chapter 13.37 shall be vacated and the parties request that the Court submit this order for publication;

 b. This action shall be dismissed with prejudice.

 3. Defendant City of Berkeley shall pay one of plaintiffs' counsel of record, the American Civil Liberties Union Foundation of Northern California (ACLU), the sum of one hundred and ten thousand dollars ($ 110,000.00) in total satisfaction of any claims plaintiffs or their attorneys may have by way of damages, attorneys' fees or costs in this action.

 4. Plaintiffs and their attorneys and each of them, release defendants and each of them, and any of the City's current or former officials, affiliates, agents, employees, attorneys, successors, predecessors or assigns, from any complaint, claim, charge, claim for relief, demand, action, suit, action or cause of action existing at any time up to the date of this Agreement, whether in law or equity, which they could assert at common law or under statute, constitutions, regulation, order or law whether federal, state or local, or under any contract, or based upon any grounds whatsoever, with respect to any event, matter, claim, occurrence, damage or injury arising out of or associated with the enactment or modification of the laws challenged in this action, whether known or unknown.

 5. Defendants and their attorneys and each of them, release plaintiffs and their attorneys and each of them, their current or former officials, affiliates, agents, employees, attorneys, successors, predecessors or assigns, from any complaint, claim, charge, claim for relief, demand, action, suit, action or cause of action existing at any time up to the date of this Agreement, whether in law or equity, which they could assert at common law or under statute, constitutions, regulation, order or law whether federal, state or local, or under any contract, or based upon any grounds whatsoever with respect to any event, matter, claim, ...


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