Weco Supply Company, Inc. v. The Sherwin-Williams Company

Filing 87

ORDER re: 84 Motion for Extension of Time to File Appeal, signed by District Judge Anthony W. Ishii on 3/1/2013. (Kusamura, W)

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IN THE UNITED STATES DISTRICT COURT FOR THE

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EASTERN DISTRICT OF CALIFORNIA

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WECO SUPPLY COMPANY, INC.,

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Plaintiff,
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v.
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THE SHERWIN-WILLIAMS COMPANY; )
and DOES 1 through 10, inclusive,
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Defendants.
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____________________________________)
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AND RELATED CROSS-ACTION
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____________________________________)

1:10-cv-00171-AWI-BAM
ORDER RE: MOTION FOR
EXTENSION OF TIME TO
FILE APPEAL
(Doc. 84)

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The Court refers the parties to previous orders for a complete chronology of the proceedings. On
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January 3, 2013, the Court entered judgment in favor of defendant The Sherwin-Williams Company
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(“Defendant”) and against plaintiff Weco Supply Company, Inc. (“Plaintiff”) pursuant to orders re:
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summary judgment and attorneys’ fees issued May 25, 2012, August 7, 2012 and January 3, 2013.
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On February 19, 2013, Plaintiff filed a motion to reopen the time to file an appeal for a period of
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fourteen days pursuant to Federal Rule of Appellate Procedure 4(a)(6). Defendant filed its
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opposition to Plaintiff’s motion on February 28, 2013. Under Federal Rule of Appellate Procedure
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4(a)(5)(A), “[t]he district court may extend the time to file a notice of appeal if: [¶] (i) a party so
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moves no later than 30 days after the time prescribed by this Rule 4(a) expires; and [¶] (ii) regardless
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of whether its motion is filed before or during the 30 days after the time prescribed by this Rule 4(a)

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expires, that party shows excusable neglect or good cause.” Having reviewed the pleadings of record

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and all competent and admissible evidence submitted, the Court finds the motion is timely and that

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good cause exists. Accordingly, Plaintiff’s motion to reopen time to file an appeal is GRANTED.

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The time to file an appeal is hereby reopened for fourteen days from the date of entry of this order.

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IT IS SO ORDERED.

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Dated:
0m8i78

March 1, 2013
SENIOR DISTRICT JUDGE

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