Violet Oglesby, et al. v. Kenneth Shepherd, Appellant, 946 F.2d 1565 (D.C. Cir. 1991)

Upon consideration of the response to the court's order to show cause filed October 25, 1990, and the motion for summary affirmance and the response thereto, and the motion for summary reversal, the response thereto and the reply, it is

ORDERED that the order to show cause be discharged. It is

FURTHER ORDERED that the motion for summary reversal be granted as to both appeals and the motion for summary affirmance be denied. The merits of the parties' positions are so clear so as to justify summary action. See Taxpayers Watchdog, Inc. v. Stanley, 819 F.2d 294, 297 (D.C. Cir. 1987) (per curiam); Walker v. Washington, 627 F.2d 541, 545 (D.C. Cir.) (per curiam), cert. denied, 449 U.S. 994 (1980). The district court abused its discretion by directing settlement of the case by the parties. See Kothe v. Smith, 771 F.2d 667, 669 (2d Cir. 1985); see also Advisory Committee Note, 1983, 97 F.R.D. 205, 210; 6 C. Wright, A. Miller & M. Kane, Federal Practice and Procedure, § 1525 (2d Ed.1990).

The Clerk is directed to withhold issuance of the mandates herein until seven days after disposition of any timely petition for rehearing. See D.C. Cir. Rule 15.