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