Levin

ORDER DENYING MOTION FOR RELIEF FROM JUDGMENT

More than two years ago, the Court held that an ordinance enacted by the City and County of San Francisco (“the City”) was unconstitutional. See generally Mem. & Order (dkt. 92). While appealing that decision, the City amended its ordinance, mooting the appeal, See USCA Mem. Dispo. (dkt. 127) at 2. The Ninth Circuit then remanded the case for this Court to decide, in the first instance, whether its judgment against the City should be vacated as a result. 1 Id. at 3.

To make that decision, the Court must first determine whether the City’s own voluntary action mooted this case. See Chemical Prod. & Distrib. Ass’n v. Helliker, 463 F.3d 871 , 879 (9th Cir. 2006). If the answer is yes, the Court may decide, in its discretion, whether the equities counsel in favor of vacatur. See id. at 878; see also Am. Games, Inc. v. Trade Products, Inc., 142 F.3d 1164, 1168 (9th Cir. 1998); Blair v. Shanahan, 38 F.3d 1514, 1521 (9th Cir. 1994). If the answer is no, the Court has little choice but to vacate the judgment. Helliker, 463 F.3d at 878; see also United States v. Munsingwear, Inc., 340 U.S. 36, 39-40 , 71 S.Ct. 104 , 95 L.Ed. 36…