By FRED SHUSTER | City News Service
Los Angeles County on Friday, April 28, filed papers arguing that the federal judge overseeing a lawsuit brought by a coalition of downtown businesses and residents over the homelessness crisis exceeded his authority by refusing to dismiss the case even after the plaintiffs agreed to accept the county’s settlement offer.
Last week, for the second time in five months, U.S. District Judge David Carter rejected the county’s proposal and refused the county and the L.A. Alliance for Human Rights’ joint stipulation to dismiss the case, saying he needed more “oversight and enforcement powers.”
According to the county, this was “clear error” and exceeds the court’s powers — which Carter was previously admonished by an appeals court not to do.
The county on Friday further asked for a stay of the case while it seeks an appellate review of Carter’s April 20 order in which the judge denied the parties’ proposed stipulation, lifted a stay on the case and reinstated proceedings with a scheduling conference set for May 9.
The county also filed a motion withdrawing consent for ex parte communications in which the judge has been speaking to persons involved in the lawsuit outside of court in attempts to resolve the matter.
Carter approved the city of Los Angeles’ settlement with the L.A. Alliance last June.
Mira Hashmall, an outside attorney for the county in the lawsuit, said that in response to the suit, Los Angeles County has “pledged an unprecedented $1.1 billion in additional public funds and resources to address and prevent homelessness during the three years of litigation.”
Despite the commitment, Hashmall said in a statement, Carter again refused to dismiss the case, “essentially forcing the parties to continue litigating a lawsuit that for all intents and purposes has been settled.”
She said the county would appeal the judge’s order to the U.S. 9th Circuit Court of Appeals “because it…
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