Having received no timely opposition or notice of the filing
of a motion for enlargement of time, the Court granted
plaintiff's motion on January 5, 1989, considering the motion to
be unopposed. The federal defendants have now filed a motion to
2
reconsider the January 5, 1989 Order. Upon receiving the January
5, 1989 Order, the court reporters listed in the Order began
transcribing the indicated proceedings. Thus, transcripts are
already available for the proceedings held on March 26, April 4,
September 25, and December 8, 1986. The transcript for January
16, 1987, is substantially completed. Furthermore, a review of
the reporter's notes from January 20 and February 5, 1987,
indicate that these proceedings were, in good part, of a
sub stant ive nature . These appeals also are not frivolous but
rather present substantial questions.
The proceedings on May 5, October 16, and November 5, 1985,
however, appear to be merely procedural status conferences and
therefore should not be provided at government expense.
Accordingly, it is this 3rd day of February, 1989, hereby
ORDERED: that Federal Defendants' Motion to Reconsider and
Vacate the Court's January 5, 1989 Order should be, and is
hereby, GRANTED in part and DENIED in part; and it is further
ORDERED: that the Order of January 5, 1989, should be, and
is hereby, amended to strike the requirement that plaintiffs be
provided the transcripts from May 5, October 16, and November 5,
1985. In all other respects, the Order of January 5, 1989,
remains unchanged.
(singed) Louis F. Oberdorfer
UNITED STATES DISTRICT JUDGE
Case Listing --- Proposition One ---- Peace Park