A hearing was held on January 11th, 2018, before Judge Alsup to argue whether either of the parties should win “by default” based on the record so far. His decided not to award either party a victory – the case will go to trial.
IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA
UNITED STATES POSTAL SERVICE, Plaintiff, v. CITY OF BERKELEY, Defendant.
ORDER DENYING MOTIONS FOR SUMMARY JUDGMENT
Both sides’ motions for summary judgment are DENIED due to genuine disputes of material fact. If both sides will so stipulate, the Court will try this case on the summary judgment record based on its own factual evaluation thereof. If both sides will so stipulate, we will have closing arguments with each side receiving an hour (total of two hours). Otherwise, we will proceed to a bench trial with a fresh record. Counsel shall please promptly advise the Court how they wish to proceed.
IT IS SO ORDERED.
Dated: January 23, 2018.
WILLIAM ALSUP UNITED STATES DISTRICT JUDGE
Berkeley Post Office Defenders 