Cooper

MEMORANDUM *

Mark Cooper appeals from a jury verdict on his breach of contract claim. In the event of reversal, the City of Ashland cross-appeals, contending that it was error to change venue to the Northern District of California.

Cooper’s claim arises out of an oral settlement agreement he and the City entered into in 1990 following disputes about a subdivision that Cooper wished to develop in Ashland. As part of the agreement, the City promised to provide a letter from its engineering department explaining the requirements that Cooper would have to meet in order for the project to go forward. The parties agreed that District Court Judge Michael Hogan, who had overseen the settlement negotiations, would decide whether the City’s letter was adequate, and that there would be no appeal from his determination. At the time the settlement agreement was reached, Judge Hogan, speaking in open court, described his role in the agreement as follows:

(Emphasis added.)

After the parties had agreed on settlement terms, Judge Hogan continued to oversee discussions between Cooper and the City. In August 1993, Judge Hogan determined that a series of letters and other communications between…