Lai v. Ipson et al

Filing 21

ORDER Vacating this Court's July 6, 2010, Order Adopting Findings and Recommendations 19 , and Judgment 20 ; ORDER Directing Clerk of Court to Reopen Case, signed by Chief Judge Anthony W. Ishii on 7/11/2010. CASE REOPENED. (Verduzco, M)

Lai v. Ipson et al

Doc. 21

1 2 3 4 5 6 7 8 9 10 DENNIS CHAN LAI, 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Plaintiff's objections were due on or before July 1, 2010. The certificate of service indicates the pleading was deposited for mailing on June 30, 2010. In light of the observance of Independence Day on July 5, 2010, the fact Plaintiff's objections were filed on July 6, 2010, does not render the objections tardy. Unfortunately, Plaintiff's objections were not entered onto the Court's docket until July 7, 2010, after the Order and Judgment had been entered and served. 1
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U N IT E D STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA ) ) ) Plaintiffs, ) ) v. ) ) MRS. IPSON, et al., ) ) ) Defendants. ) _____________________________________ ) 1:09-CV-02086 AWI GSA ORDER VACATING THIS COURT'S JULY 6, 2010, ORDER ADOPTING FINDINGS AND RECOMMENDATIONS AND JUDGMENT (Documents 19 & 20) ORDER DIRECTING CLERK TO REOPEN CASE

On July 6, 2010, this Court issued its Order Adopting Findings and Recommendations dismissing this action in its entirety. (Doc. 19.) Judgment was entered July 7, 2010. (Doc. 20.) In the Order, this Court stated that "no party ha[d] . . . filed objections" to the Findings and Recommendations. (Doc. 19 at 2.) However, this statement was erroneous. The Court has learned that Plaintiff did forward his objections in a timely fashion.1

Dockets.Justia.com

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In light of the foregoing, and pursuant to Rule 60 of the Federal Rules of Civil Procedure, this Court ORDERS as follows: 1. 2. 3. The Judgment entered July 7, 2010, is hereby SET ASIDE; The Clerk of the Court is DIRECTED to reopen this case; Thereafter, the Court will consider Plaintiff's timely objections.

IT IS SO ORDERED. Dated: 0m8i78 July 11, 2010 CHIEF UNITED STATES DISTRICT JUDGE

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