Heller v. Cepia L.L.C. et.al.

Filing 86

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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1 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE NORTHERN DISTRICT OF CALIFORNIA 8 9 JASON G. HELLER, 11 For the Northern District of California United States District Court 10 12 Plaintiff, No. C 11-01146 JSW v. CEPIA, L.L.C., et al., 13 ORDER CONTINUING DEADLINE TO PAY SANCTIONS FOR RECONSIDERATION Defendants. / 14 15 The Court has received the administrative motion from Plaintiff’s counsel Robert C. 16 Matz seeking to extend the deadline for payment of sanctions. The Court HEREBY GRANTS 17 Matz’ administrative motion and continues the deadline for payment of sanctions until February 18 3, 2012. Mr. Matz shall file his administrative motion for relief from payment of sanctions 19 based on financial hardship by no later than January 13, 2012. In this motion, Mr. Matz shall 20 address what amount he could afford to pay and propose a payment plan. 21 The Court notes Mr. Matz also intends to file a motion for leave to file a motion for 22 reconsideration. Under local rule 7-9, a party may seek leave to file a motion for 23 reconsideration any time before judgment. N.D. Civ. L.R. 7-9(a). A motion for reconsideration 24 may be made on one of three grounds: (1) a material difference in fact or law exists from that 25 which was presented to the Court, which, in the exercise of reasonable diligence, the party 26 applying for reconsideration did not know at the time of the order; (2) the emergence of new 27 material facts or a change of law; or (3) a manifest failure by the Court to consider material 28 facts or dispositive legal arguments presented before entry of judgment. N.D. Civ. L.R. 79(b)(1)-(3). 1 The moving party may not reargue any written or oral argument previously asserted to the 2 Court. Id., 7-9(c). Upon review of the arguments Mr. Matz has presented in his administrative 3 motion, the Court finds that he has not provided sufficient grounds to warrant leave to file a 4 motion for reconsideration. He argues that the Court failed to consider evidence and arguments 5 he presented to the Court. However, the Court reviewed and considered all of his evidence and 6 arguments in addressing the motion for sanctions and found them insufficient. If there was an 7 additional argument or new evidence Mr. Matz wanted the Court to consider, he could have and 8 should have moved for leave to submit supplementary materials. Should Mr. Matz file a motion 9 for leave to file a motion for reconsideration, he must satisfy the requirements of Northern 11 For the Northern District of California United States District Court 10 District Local Civil Rule 7-9(a). IT IS SO ORDERED. 12 13 Dated: January 6, 2012 JEFFREY S. WHITE UNITED STATES DISTRICT JUDGE 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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