Whitsitt v. Zedlitz et al

Filing 153

ORDER RE MOTION FOR EXTENSION OF TIME TO FILE MOTION FOR RECONSIDERATION. Signed by Judge Jeffrey S. White on 8/21/13. (jjoS, COURT STAFF) (Filed on 8/21/2013)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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WILLIAM J. WHITSITT,
No. 08-CV-01803 JSW

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For the Northern District of California

United States District Court

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Plaintiff,
ORDER RE MOTION FOR
EXTENSION OF TIME TO FILE
MOTION FOR
RECONSIDERATION

v.
JEAN ZEDLITZ, et al.,
Defendants.

(Docket No. 152)
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On July 19, 2013, the Court issued an Order granting the motion for summary judgment
filed by Defendant R. Lance & Sons Co., Inc., and it entered judgment in R. Lance’s favor.
On August 15, 2013, Plaintiff, William Whitsitt, filed a motion asking for an additional

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fifteen days to file for reconsideration and to oppose and protest the Court’s decision to grant

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summary judgment in R. Lance’s favor. (Docket No. 152.) In that motion, Mr. Whitsitt states

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that he moved and did not receive the Court’s Order until August 7, 2013. To the extent Mr.

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Whitsitt is seeking relief pursuant to Federal Rule of Civil Procedure 59(e), any such motion

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must be filed no later than 28 days after entry of judgment. Although in general, a court may

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extend the time in which a party must act, Federal Rule of Civil Procedure 6(b)(2) provides that

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the Court cannot extend the deadline set forth in Rule 59(e). Therefore, to the extent Mr.

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Whitsitt intended to premise his motion on Rule 59(e), the request for an extension is DENIED.

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To the extent Mr. Whitsitt seeks to request relief from the judgment pursuant to Federal

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Rule of 60(b), any such motion must be made within a “reasonable time” and no more than a

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year after judgment is entered for the reasons set forth in Rule 60(b)(1), (2) or (3). Thus,

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although the Court cannot say whether he would be entitled to relief under that rule, the Court

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would not prevent Mr. Whitsitt from filing such a motion and setting forth the reasons why he

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believes it was made within a reasonable time.

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However, if Mr. Whitsitt files a motion under Rule 60(b), at this point it would not toll

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the time in which he has to file an appeal with the Ninth Circuit. See Fed. R. App. P.

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4(a)(4)(iv). Thus, to the extent Mr. Whitsitt’s motion for an extension could be construed as a

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motion to extend the time in which he must file an appeal, pursuant to Federal Rule of

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Appellate Procedure 4(a)(5), the Court finds good cause to grant that request. The Court

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grants Mr. Whitsitt an additional fourteen days after this Order is entered in which to file

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an appeal. See Fed. R. App. Proc. 4(a)(5).
The Court FURTHER ADVISES Mr. Whitsitt that a Handbook for Pro Se Litigants,

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For the Northern District of California

United States District Court

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which contains helpful information about proceeding without an attorney, is available through

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the Court’s website or in the Clerk’s office. The Court also advises Mr. Whitsitt that he also

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may wish to seek assistance from the Legal Help Center. He may call the Legal Help Center at

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415-782-8982 or sign up on the 15th Floor of the Courthouse, Room 2796, for a free

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appointment with an attorney who may be able to provide basic legal help, but not legal

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representation.

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IT IS SO ORDERED.

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Dated: August 21, 2013
JEFFREY S. WHITE
UNITED STATES DISTRICT JUDGE

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UNITED STATES DISTRICT COURT

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FOR THE

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NORTHERN DISTRICT OF CALIFORNIA

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WILLIAM J. WHITSITT et al,

Case Number: CV08-01803 JSW

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Plaintiff,

CERTIFICATE OF SERVICE

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v.
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JEAN ZEDLITZ et al,
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Defendant.

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For the Northern District of California

United States District Court

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I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S.
12 District Court, Northern District of California.
13 That on August 21, 2013, I SERVED a true and correct copy(ies) of the attached, by
placing said copy(ies) in a postage paid envelope addressed to the person(s) hereinafter
14 listed, by depositing said envelope in the U.S. Mail, or by placing said copy(ies) into an
inter-office delivery receptacle located in the Clerk's office.
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William J. Whitsitt
17 2920 Fairmont Avenue
Stockton, CA 95206
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Dated: August 21, 2013
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Richard W. Wieking, Clerk
By: Jennifer Ottolini, Deputy Clerk