The opinion of the court was delivered by: Hon. Judge Otero
Date: May 30, 2013 Time: 9:00 a.m.
Court Room 1, 2nd Floor
RULE 54 JUDGMENT OF DECLARATORY AND INJUNCTIVE RELIEF
[PROPOSED] PRETRIAL CONFERENCE ORDER, Case No. 2:12-CV-00923-SJO
Pursuant to Federal Rule of Civil Procedure 54, and based on the Plaintiffs' Notice of Acceptance of Rule 68 Offer of Settlement by Defendant (Dkt. 106, 106-1, and 106-2), judgment is entered in favor of plaintiffs Ken Waterhouse, Sherwood MHP LLC, and Waterhouse Management Corporation and against defendant the City of Lancaster as follows:
1. The Court hereby declares that: The City of Lancaster municipal Ordinance No. 952, entitled "An Ordinance of the City Council of the City of Lancaster, California Approving the Addition of a Senior Mobilehome Park Overlay Zone (MHP-S) on the Lancaster Zoning Map at Three Existing Mobilehome Park Locations," does not apply to, and shall not be enforced against, Sherwood Mobile Home Park, located at 3753 E. Avenue I, Lancaster, California. A true and correct copy of Ordinance No. 952 is attached to this Judgment as Exhibit 'A.'
2. Plaintiffs, Ken Waterhouse, Sherwood MHP LLC, and Waterhouse Management Corporation, are the prevailing parties in this litigation. Plaintiffs may bring a motion for an award of attorneys' fees and costs under Title 42, United States Code, Section 3613 (c) (2).
3. The Parties have agreed to a settlement of Plaintiffs' damage claims. (See Dkt. 106.)
IT IS SO ORDERED. ______________________________
S. JAMES OTERO UNITED STATES DISTRICT JUDGE
William Litvak, Esq., Attorney for Defendant. David Spangenberg, Esq., Attorney for Plaintiffs. Lark L. Ritson, Esq., Attorney for Plaintiffs
Approved as to form and content:
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