Whitsitt v. Patricio Enterprises et al

Filing 63

ORDER signed by Judge Kimberly J. Mueller on 5/14/15 DISREGARDING 58 Notice of Motion for Reconsideration. (Manzer, C)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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WILLIAM J. WHITSITT,

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No. 2:13-CV-00118-KJM-GGH

Plaintiff,
v.

ORDER

PATRICIO ENTERPRISES, et al.,
Defendants.

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On March 31, 2015, the court issued an order adopting Judge Hollows’ findings

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and recommendations in part and granting the motion to dismiss, and judgment was entered the

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same day. See Judgment, ECF No. 54; Order Mar. 31, 2015, ECF No. 53; Findings &

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Recommendations, ECF No. 45. Plaintiff William Whitsitt has filed a notice of his intent to file a

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motion for reconsideration. ECF No. 55, as amended, ECF No. 58. Mr. Whitsitt requested “(30)

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additional days to file and serve post-judgment motions” and requested the court “grant briefing

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schedule and hearing date to hear post-judgment motions.” Id. at 1 (capitalization altered). Mr.

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Whitsitt also has filed a notice of appeal. ECF No. 56.

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The court concludes it retains jurisdiction for purposes of this order. See Tidwell

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v. Spearman, No. 11-00489, 2015 WL 507448, at *1 (E.D. Cal. Feb. 6, 2015) (citing Fed. R. App.

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P. 4(a)(4) and Miller v. Marriott Int’l, Inc., 300 F.3d 1061, 1064 (9th Cir. 2002)). “A motion to
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alter or amend a judgment [under Federal Rule of Civil Procedure 59(e)] must be filed no later

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than 28 days after the entry of the judgment.” Fed. R. Civ. P. 59(e). “A court must not extend the

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time to act” under Rule 59(e). Nevertheless, “[a] motion under Rule 60(b) must be made within a

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reasonable time—and for reasons (1), (2), and (3) [of Rule 60(b)] no more than a year after the

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entry of the judgment or order or the date of the proceeding.” Fed. R. Civ. P. 60(c)(1).

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Because Mr. Whitsitt has not filed a motion, the court cannot determine the
reasonableness of its timing and will therefore disregard the notice of motion at ECF No. 58.
IT IS SO ORDERED.
DATED: May 14, 2015.

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UNITED STATES DISTRICT JUDGE
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