Petersen et al v. Browne et al

Filing 67

ORDER FINDING PLAINTIFFS' MOTION FOR APPEAL EXTENSION TO BE MOOT 64 (Illston, Susan) (Filed on 4/30/2013)

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1 2 3 4 IN THE UNITED STATES DISTRICT COURT 5 FOR THE NORTHERN DISTRICT OF CALIFORNIA 6 7 RYAN PETERSEN, MICHAEL P. PETERSEN, and RANDI PETERSEN, 8 9 United States District Court For the Northern District of California 10 No. C 12-3607 SI ORDER FINDING PLAINTIFFS’ MOTION FOR APPEAL EXTENSION TO BE MOOT Plaintiffs, v. MILDRED BROWNE, et al., 11 12 Defendants. / 13 On April 25, 2013, plaintiffs filed a “motion for appeal extension due to plaintiffs not receiving 14 the Court’s 3/6/13 order timely.” Docket No. 64. That same day, plaintiffs filed a notice of appeal of 15 the judgment, the April 15, 2013 Order Granting Defendants’ Motion to Dismiss Plaintiffs’ First 16 Amended Complaint Without Leave to Amend, and the March 6, 2013 Order Denying Plaintiffs’ 17 Motion for Reconsideration. Since plaintiffs have filed a timely notice of appeal, plaintiffs do not need 18 an extension of time and the Court finds plaintiffs’ motion for extension of time to be moot. This order 19 resolves Docket No. 64. 20 Since plaintiffs have appealed, jurisdiction of this case has transferred to the Court of 21 Appeals for the Ninth Circuit. All questions, comments or pleadings concerning this case should now 22 be directed to the Court of Appeals, and plaintiffs should not contact the Clerk’s Office of this Court 23 any further until the appeal is resolved. 24 IT IS SO ORDERED. 25 Dated: April 30, 2013 26 27 SUSAN ILLSTON United States District Judge

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