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)
1
2
3
4
5
IN THE UNITED STATES DISTRICT COURT
6
FOR THE NORTHERN DISTRICT OF CALIFORNIA
7
8
WILLIAM J. WHITSITT,
No. 08-CV-01803 JSW
9
11
For the Northern District of California
United States District Court
10
12
Plaintiff,
ORDER RE MOTION FOR
EXTENSION OF TIME TO FILE
MOTION FOR
RECONSIDERATION
v.
JEAN ZEDLITZ, et al.,
Defendants.
(Docket No. 152)
/
13
14
15
16
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
17
fifteen days to file for reconsideration and to oppose and protest the Court’s decision to grant
18
summary judgment in R. Lance’s favor. (Docket No. 152.) In that motion, Mr. Whitsitt states
19
that he moved and did not receive the Court’s Order until August 7, 2013. To the extent Mr.
20
Whitsitt is seeking relief pursuant to Federal Rule of Civil Procedure 59(e), any such motion
21
must be filed no later than 28 days after entry of judgment. Although in general, a court may
22
extend the time in which a party must act, Federal Rule of Civil Procedure 6(b)(2) provides that
23
the Court cannot extend the deadline set forth in Rule 59(e). Therefore, to the extent Mr.
24
Whitsitt intended to premise his motion on Rule 59(e), the request for an extension is DENIED.
25
To the extent Mr. Whitsitt seeks to request relief from the judgment pursuant to Federal
26
Rule of 60(b), any such motion must be made within a “reasonable time” and no more than a
27
year after judgment is entered for the reasons set forth in Rule 60(b)(1), (2) or (3). Thus,
28
although the Court cannot say whether he would be entitled to relief under that rule, the Court
1
would not prevent Mr. Whitsitt from filing such a motion and setting forth the reasons why he
2
believes it was made within a reasonable time.
3
However, if Mr. Whitsitt files a motion under Rule 60(b), at this point it would not toll
4
the time in which he has to file an appeal with the Ninth Circuit. See Fed. R. App. P.
5
4(a)(4)(iv). Thus, to the extent Mr. Whitsitt’s motion for an extension could be construed as a
6
motion to extend the time in which he must file an appeal, pursuant to Federal Rule of
7
Appellate Procedure 4(a)(5), the Court finds good cause to grant that request. The Court
8
grants Mr. Whitsitt an additional fourteen days after this Order is entered in which to file
9
an appeal. See Fed. R. App. Proc. 4(a)(5).
The Court FURTHER ADVISES Mr. Whitsitt that a Handbook for Pro Se Litigants,
11
For the Northern District of California
United States District Court
10
which contains helpful information about proceeding without an attorney, is available through
12
the Court’s website or in the Clerk’s office. The Court also advises Mr. Whitsitt that he also
13
may wish to seek assistance from the Legal Help Center. He may call the Legal Help Center at
14
415-782-8982 or sign up on the 15th Floor of the Courthouse, Room 2796, for a free
15
appointment with an attorney who may be able to provide basic legal help, but not legal
16
representation.
17
IT IS SO ORDERED.
18
19
Dated: August 21, 2013
JEFFREY S. WHITE
UNITED STATES DISTRICT JUDGE
20
21
22
23
24
25
26
27
28
2
1
UNITED STATES DISTRICT COURT
2
FOR THE
3
NORTHERN DISTRICT OF CALIFORNIA
4
5
WILLIAM J. WHITSITT et al,
Case Number: CV08-01803 JSW
6
Plaintiff,
CERTIFICATE OF SERVICE
7
v.
8
JEAN ZEDLITZ et al,
9
Defendant.
/
11
For the Northern District of California
United States District Court
10
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.
15
16
William J. Whitsitt
17 2920 Fairmont Avenue
Stockton, CA 95206
18
Dated: August 21, 2013
19
20
21
22
23
24
25
26
27
28
Richard W. Wieking, Clerk
By: Jennifer Ottolini, Deputy Clerk
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?