Lilak v. Pfizer Corporation, Inc.

Filing 30

ORDER by Judge Charles R. Breyer denying 28 Motion for Judicial Review (crblc1, COURT STAFF) (Filed on 2/3/2012)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 NORTHERN DISTRICT OF CALIFORNIA 10 SAN FRANCISCO DIVISION 11 13 14 CASE NO. MDL No. 1699 IN RE BEXTRA AND CELEBREX MARKETING, SALES PRACTICE, AND PRODUCT LIABILITY LITIGATION This Document Relates to: 12 15 16 Lilak, Safdar Neil ORDER DENYING MOTION FOR JUDICIAL REVIEW 08-5777 CRB 10-4831 CRB 17 18 Pro se Plaintiff Safdar Lilak has filed a document entitled a “Motion for Judicial 19 Review,” in which he asks “the reviewing court to hold unlawful agency action ‘not in 20 accordance with law,’” and asserts that his “personal injuries and wage loss claims has 21 been denied wrongfully, incorrectly and illegally.” See dkt. 28 at 2-3. The Motion seems 22 to argue that Plaintiff’s case has merit, that Defendant Pfizer should be held liable for 23 Plaintiff’s harm, and that Plaintiff’s case should be “reinstated.” See, e.g., id. at 8 (“The 24 PFIZER is liable and should face its liability(s)/responsibility(s) to the situation rather 25 than [instead] using SCIENTER rules, Malicious Litigation Bad Faith and Wonton 26 conduct to minimize compensation for victim and his Claims for Wage loss in settlement 27 process should face the responsibility.”). 28 The Court cannot reinstate Plaintiff’s case. To the extent Plaintiff wished to 1 1 appeal the Court’s dismissal of his case for failure to comply with Pretrial Order No. 31, 2 he should have done so pursuant to Federal Rule of Appellate Procedure 4. No appeal 3 seems to have been filed. To the extent that Plaintiff wished to move this Court for relief 4 from judgment under Federal Rule of Civil Procedure 60, he has provided the Court with 5 no basis for doing so. Moreover, a motion based on Rule 60(b)(1)-(3) must be brought 6 within one year; Plaintiff’s Motion comes well over a year after his case was dismissed. 7 Accordingly, Plaintiff’s Motion is DENIED. 8 9 IT IS SO ORDERED Dated: February 3, 2012 HONORABLE CHARLES R. BREYER UNITED STATES DISTRICT JUDGE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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