Petersen et al v. Browne et al

Filing 63

ORDER RE: PLAINTIFFS' APRIL 15, 2013 FILING (Illston, Susan) (Filed on 4/18/2013)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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United States District Court
For the Northern District of California

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RYAN PETERSEN, MICHAEL P. PETERSEN,
and RANDI PETERSEN
Plaintiffs,

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No. C 12-3607 SI
ORDER RE: PLAINTIFFS’ APRIL 15,
2013 FILING

v.
MILDRED BROWNE, et al.,
Defendants.

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On April 15, 2013, plaintiffs filed a “Clarification Declaration of Randi Petersen.” Dkt. 62.

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Earlier that same day, the Court granted defendants’ motion to dismiss the first amended complaint and

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entered judgment against plaintiffs. Dkts. 58, 59. Ms. Petersen’s declaration states, inter alia, that

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“PLAINTIFFS believe the facts of this case appear to invalidate the Court’s 1/16/13 res judicata

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dismissal . . . .” Dkt. 62 at 2:3-4. In an order filed January 16, 2013, the Court dismissed many of

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plaintiffs’ claims as barred by res judicata, for not stating a cause of action, or as incomprehensible, and

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granted leave to amend the RICO claim. Dkt. 43. In an order filed March 6, 2013, the Court denied

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plaintiffs’ motion for reconsideration of the January 16, 2013 order. Dkt. 54.

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The April 15, 2013 declaration repeats the same arguments plaintiffs have raised throughout this

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lawsuit. To the extent the April 15, 2013 declaration is construed as a motion for reconsideration of the

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January 16, 2013 order, the motion is DENIED for the reasons set forth in the March 6, 2013 order. To

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the extent the declaration was filed in opposition to defendants’ motion to dismiss the first amended

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complaint, the declaration is untimely. Finally, to the extent the April 15, 2013 filing is construed as

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a motion to alter or amend the Court’s judgment entered earlier that day, the motion is DENIED.

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IT IS SO ORDERED.

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Dated: April 18, 2013
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SUSAN ILLSTON
UNITED STATES DISTRICT JUDGE

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United States District Court
For the Northern District of California

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