Johnson et al v. Bay Area Rapid Transit District et al

Filing 578

ORDER Denying Plaintiff's #577 Request for Extension of Time to Order Trial Transcripts and to Move the Briefing Schedule (emclc2, COURT STAFF) (Filed on 8/2/2014)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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WANDA JOHNSON, et al.,

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Plaintiffs,

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For the Northern District of California

United States District Court

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v.
BAY AREA RAPID TRANSIT DISTRICT,
et al.,

No. C-09-0901 EMC
CONSOLIDATED CASES
C-09-4014 EMC (Grant)
C-09-4835 EMC (Bryson, et al.)
C-10-0005 EMC (Caldwell)

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Defendants.
___________________________________/

ORDER RE OSCAR GRANT, JR.’S
REQUEST FOR EXTENSION OF TIME

AND RELATED ACTIONS.
___________________________________/

(Docket No. 577)

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On August 1, 2014, Plaintiff Oscar Grant, Jr. filed a “Request for an Extension of Time to

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Order Trial Transcripts and to Move the Briefing Schedule.” Dkt. No. 577. Inexplicably, Plaintiff is

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requesting this Court to grant relief from the August 4, 2014 deadline for requesting trial transcripts

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set by the United States Court of Appeals for the Ninth Circuit. This Court does not have the power

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to alter deadlines set by the Ninth Circuit and, unsurprisingly, Plaintiff has not cited any. Plaintiff is

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advised that he has filed a notice of appeal from the judgment in this action. Dkt. No. 573. The

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filing of this notice has deprived this Court of jurisdiction over this action. See Masalosalo v.

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Sonewall Ins. Co., 718 F.2d 955, 956 (9th Cir. 1983) (“The effective filing of a notice of appeal

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transfers jurisdiction from the district court to the court of appeals with respect to all matters

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involved in the appeal.”).

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Accordingly, Plaintiff’s request for an extension of time is DENIED as improperly filed in
this Court.
IT IS SO ORDERED.

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Dated: August 2, 2014

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_________________________
EDWARD M. CHEN
United States District Judge

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For the Northern District of California

United States District Court

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