May v. Amgen, Inc.
Filing
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ORDER DENYING MOTION FOR LEAVE TO FILE MOTION FOR RECONSIDERATION by Hon. William Alsup [denying 50 Motion for Leave to File].(whasec, COURT STAFF) (Filed on 5/13/2015)
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IN THE UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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SAMUEL MAY,
Plaintiff,
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For the Northern District of California
United States District Court
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No. C 12-01367 WHA
v.
AMGEN, INC.,
ORDER DENYING MOTION
FOR LEAVE TO FILE MOTION
FOR RECONSIDERATION
Defendant.
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After exhausting the appellate review process, pro se plaintiff moves for leave to file a
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motion for reconsideration in this employment action. For the reasons stated herein, plaintiff’s
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motion is DENIED.
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Pro se plaintiff Samuel May worked for defendant Amgen, Inc., in Colorado from 2002
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through his resignation in 2006. In April 2007, May sued Amgen in California state court but
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voluntarily dismissed his lawsuit six months later. May then demanded arbitration in Denver.
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Following a three-day hearing, during which the parties examined ten witnesses, the
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arbitrator issued a final award ruling against plaintiff, who was represented by counsel at the
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time. When Amgen filed a motion in Colorado state court to confirm the arbitration award,
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May responded with a petition to our court of appeals, who rejected the petition for lack of
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jurisdiction. The Colorado state court confirmed the arbitration award.
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May came to this federal district court, seeking again to vacate or modify the arbitration
award. Our June 2012 order spanned eleven pages and explained the reasons for denying May’s
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petition. Our court of appeals affirmed. The United States Supreme Court denied May’s petition
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for certiorari and denied his petition for rehearing.
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Now, almost three years after entry of our June 2012 order, May moves for leave to file a
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motion for reconsideration. His motion invoking FRCP 60(b) and Civil Local Rule 7-9(b) is
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DENIED.
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First, May’s motion is untimely. FRCP 60(c)(1) states that a motion under FRCP 60(b)
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must be made within a “reasonable time.” When the motion invokes FRCP 60(b)(1) through (3),
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it must be brought “no more than a year” after entry of the order. Civil Local Rule 7-9(a) states
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that a party may move for leave to file a motion for reconsideration of any interlocutory order
before entry of judgment. Here, May’s motion comes nearly three years after entry of the
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For the Northern District of California
United States District Court
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June 2012 order.
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Second, none of the reasons stated in FRCP 60(b) warrants granting May’s motion.
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To the extent his motion is intelligible, May mainly argues that a “material difference” in law
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exists. This argument fails because all of the decisions cited by May are decisions that pre-date
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our June 2012 order, are non-binding or non-precedential decisions, and/or are decisions with no
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relevance whatsoever to this closed action.
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Accordingly, May’s motion for leave to file a motion for reconsideration is DENIED.
The file remains CLOSED.
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IT IS SO ORDERED.
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Dated: May 13, 2015.
WILLIAM ALSUP
UNITED STATES DISTRICT JUDGE
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