The Eidex Family Partnership, L.P. v. Justice

Filing 20

ORDER Denying 19 Defendant's Motion to Restrict Order. Signed by Judge Edward M. Chen on 1/26/2009. (emcsec, COURT STAFF) (Filed on 1/26/2009)

1 2 3 4 5 6 7 8 9 10 v. CARLVIN JUSTICE, Defendant. ___________________________________/ EIDEX FAMILY PARTNERSHIP, L.P., Plaintiff, ORDER DENYING DEFENDANT'S MOTION TO RESTRICT ORDER (Docket No. 19) No. C-08-1173 EMC UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

United States District Court

11
For the Northern District of California

12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

On December 31, 2008, the Court issued an order in which it denied Defendant Carlvin Justice's motion for a jury trial. See Docket No. 18. Mr. Justice's motion had been directed to the general duty judge, but this Court ruled on the motion because there was no basis for the motion to be referred to the general duty judge. Now Mr. Justice has filed a motion seeking, in essence, to stop enforcement of the Court's December 31 order. The currently pending motion has been directed to the general duty judge for resolution, apparently on the basis that the undersigned is biased against Mr. Justice. While ordinarily the claim of bias would prompt the Court to have the motion be referred to the general duty judge, the Court shall not do so in this instance because, previously, Mr. Justice sought reassignment of the case based on the alleged bias of the undersigned, and Judge White, the then-general duty judge, denied the motion. See Docket No. 14 (order, filed on 10/3/08). When asked to reconsider, Judge White denied the motion for reconsideration. See Docket No. 16 (order,

1 2 3 4 5 6 7 8 9 10

filed on 11/24/08). This motion is yet another attempt to avoid the substantive ruling of this Court, which concluded that it had no subject matter jurisdiction over the case. This order disposes of Docket No. 19. Because this case is closed, the Court shall not accept any further motions filed by Mr. Justice, absent good cause.

IT IS SO ORDERED.

Dated: January 26, 2009 _________________________ EDWARD M. CHEN United States Magistrate Judge

United States District Court

11
For the Northern District of California

12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

2

1 2 3 4 5 6 7 8 9 10 v. CARLVIN JUSTICE, Defendant(s). ___________________________________/ EIDEX FAMILY PARTNERSHIP, L.P., Plaintiff(s), CERTIFICATE OF SERVICE No. C-08-1173 EMC UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

United States District Court

11
For the Northern District of California

12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

I, the undersigned, hereby certify that I am an employee in the U.S. District Court, Northern District of California. On the below date, I served a true and correct copy of the attached, by placing said copy/copies in a postage-paid envelope addressed to the person(s) listed below, by depositing said envelope in the U.S. Mail; or by placing said copy/copies into an inter-office delivery receptacle located in the Office of the Clerk. CARLVIN JUSTICE 1414 62nd Street Emeryville, CA 94608 BRUCE CAMERON REEVES Reeves Seidler & Howell 2527 Santa Clara Avenue Alameda, CA 94501 RICHARD W. WIEKING, CLERK

Dated: January 26, 2009

By:

/s/ Leni Doyle Deputy Clerk