Heller v. Cepia L.L.C. et.al.
Filing
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ORDER Continuing Deadline to Pay Sanctions. Signed by Judge James Ware for Judge Jeffrey S. White on January 6, 2012. (jswlc1, COURT STAFF) (Filed on 1/6/2012)
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IN THE UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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JASON G. HELLER,
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For the Northern District of California
United States District Court
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Plaintiff,
No. C 11-01146 JSW
v.
CEPIA, L.L.C., et al.,
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ORDER CONTINUING
DEADLINE TO PAY SANCTIONS
FOR RECONSIDERATION
Defendants.
/
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The Court has received the administrative motion from Plaintiff’s counsel Robert C.
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Matz seeking to extend the deadline for payment of sanctions. The Court HEREBY GRANTS
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Matz’ administrative motion and continues the deadline for payment of sanctions until February
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3, 2012. Mr. Matz shall file his administrative motion for relief from payment of sanctions
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based on financial hardship by no later than January 13, 2012. In this motion, Mr. Matz shall
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address what amount he could afford to pay and propose a payment plan.
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The Court notes Mr. Matz also intends to file a motion for leave to file a motion for
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reconsideration. Under local rule 7-9, a party may seek leave to file a motion for
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reconsideration any time before judgment. N.D. Civ. L.R. 7-9(a). A motion for reconsideration
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may be made on one of three grounds: (1) a material difference in fact or law exists from that
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which was presented to the Court, which, in the exercise of reasonable diligence, the party
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applying for reconsideration did not know at the time of the order; (2) the emergence of new
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material facts or a change of law; or (3) a manifest failure by the Court to consider material
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facts or dispositive legal arguments presented before entry of judgment. N.D. Civ. L.R. 79(b)(1)-(3).
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The moving party may not reargue any written or oral argument previously asserted to the
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Court. Id., 7-9(c). Upon review of the arguments Mr. Matz has presented in his administrative
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motion, the Court finds that he has not provided sufficient grounds to warrant leave to file a
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motion for reconsideration. He argues that the Court failed to consider evidence and arguments
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he presented to the Court. However, the Court reviewed and considered all of his evidence and
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arguments in addressing the motion for sanctions and found them insufficient. If there was an
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additional argument or new evidence Mr. Matz wanted the Court to consider, he could have and
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should have moved for leave to submit supplementary materials. Should Mr. Matz file a motion
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for leave to file a motion for reconsideration, he must satisfy the requirements of Northern
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For the Northern District of California
United States District Court
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District Local Civil Rule 7-9(a).
IT IS SO ORDERED.
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Dated: January 6, 2012
JEFFREY S. WHITE
UNITED STATES DISTRICT JUDGE
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