In Re Ford Tailgate Litigation

Filing 271

ORDER GRANTING MOTION TO AMEND JUDGMENT AND SETTING TELEPHONIC CASE MANAGEMENT CONFERENCE. Case Management Statement due by 1/21/2016. Case Management Conference set for 1/28/2016 at 11:00 AM to be held telephonically. Signed by Judge Richard Seeborg on 1/11/16. (cl, COURT STAFF) (Filed on 1/11/2016)

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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 IN RE FORD TAILGATE LITIGATION Case No. 11-cv-02953-RS 8 ORDER GRANTING MOTION TO AMEND JUDGMENT AND SETTING TELEPHONIC CASE MANAGEMENT CONFERENCE 9 10 United States District Court Northern District of California 11 12 13 On November 25, 2015, the Court granted defendant Ford Motor Company’s motion for 14 summary judgment and ordered the clerk to close the file in this matter. On December 21, 2015, 15 plaintiffs sent a letter to the court requesting the judgment be clarified to reflect its limited 16 application to the named plaintiffs from California, New Jersey, and Florida. Subsequently, on 17 December 28, 2015, plaintiffs filed a notice of appeal. 18 Plaintiffs’ letter will be construed as a motion to alter or amend the judgment under Rule 19 59(e) of the Federal Rules of Civil Procedure. The Court retains jurisdiction to adjudicate this 20 request because a timely-filed Rule 59(e) motion holds in abeyance a premature notice of appeal. 21 See Fed. R. App. Proc. 4(a)(4)(A)(iv); Schroeder v. McDonald, 55 F.3d 454, 458–59 (9th Cir. 22 1995) (noting Rule 4(a)(4) “provide[s] that when a notice [of appeal] is prematurely filed, it shall 23 be in abeyance and become effective upon the date of entry of an order disposing of the Rule 59(e) 24 motion”). 25 26 27 28 Given that the November 25, 2015, order granted Ford’s summary judgment motion only as to the California, New Jersey, and Florida plaintiffs’ claims, plaintiffs’ motion to amend the 1 judgment will be granted.1 Additionally, the Clerk is directed to reopen the file in this matter. 2 A Case Management Conference shall be held on January 28, 2016, at 11:00 a.m. All 3 parties shall appear telephonically and must contact Court Conference at (866) 582-6878 at least 4 one week prior to the Conference to arrange their participation. The parties shall file a Joint Case 5 Management Statement at least one week prior to the Conference. 6 7 IT IS SO ORDERED. 8 9 Dated: January 11, 2016 ______________________________________ RICHARD SEEBORG United States District Judge 10 United States District Court Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 1 An amended judgment will issue simultaneously with this order. 28 CASE NO. 2 11-cv-02953-RS

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