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Alameda Books, Inc., a California Corporation Highland Books, Inc., a California Corporation v. City of Los Angeles

Citations: 301 F.3d 973; 2002 Daily Journal DAR 6789; 2002 Cal. Daily Op. Serv. 5377; 2002 U.S. App. LEXIS 11895; 2002 WL 1334695Docket: 98-56200

Court: Court of Appeals for the Ninth Circuit; June 18, 2002; Federal Appellate Court

Narrative Opinion Summary

The Ninth Circuit Court of Appeals, in case number 98-56200, involving Alameda Books, Inc. and Highland Books, Inc. as plaintiffs-appellees against the City of Los Angeles as defendant-appellant, issued an order on June 18, 2002. The court granted the appellees' motion to vacate the previous remand order dated May 31, 2002, allowing for the deferral of any future remand order for a minimum of ten days following the receipt of a judgment from the Supreme Court. The prior remand order has been officially withdrawn.

Legal Issues Addressed

Deferral of Remand Orders

Application: In this case, the court decided to defer issuing any future remand orders for a specified period after the Supreme Court's judgment, highlighting a procedural strategy to ensure alignment with higher court decisions.

Reasoning: The court granted the appellees' motion to vacate the previous remand order dated May 31, 2002, allowing for the deferral of any future remand order for a minimum of ten days following the receipt of a judgment from the Supreme Court.

Vacatur of Remand Orders

Application: The Ninth Circuit Court of Appeals granted the appellees' motion to vacate a previously issued remand order, demonstrating the court's discretion to withdraw such orders when procedural circumstances change.

Reasoning: The court granted the appellees' motion to vacate the previous remand order dated May 31, 2002, allowing for the deferral of any future remand order for a minimum of ten days following the receipt of a judgment from the Supreme Court.