Kavalan v. Clark et al

Filing 45

ORDER DENYING 44 Ex Parte Application to Vacate the Order and Judgment of Dismissal or, in the Alternative for Leave to Amend. Signed by Judge Jeffrey S. White on 5/8/13. (jjoS, COURT STAFF) (Filed on 5/8/2013)

1
2
3
4
5

NOT FOR PUBLICATION

6

IN THE UNITED STATES DISTRICT COURT

7
FOR THE NORTHERN DISTRICT OF CALIFORNIA
8
9

ISAAC KAVALAN,

11
For the Northern District of California

United States District Court

10

12
13

No. C 13-00162 JSW
ORDER DENYING SECOND EX
PARTE APPLICATION TO
VACATE THE ORDER AND
JUDGMENT OF DISMISSAL OR,
IN THE ALTERNATIVE, FOR
LEAVE TO AMEND

Plaintiff,
v.
ATTORNEY NIKKI CLARK, and
COMMISSIONER THOMAS J. NIXON, et
al.,

(Docket No. 44)
14

Defendants.
/

15
16

This matter comes before the Court upon consideration of the ex parte application to

17

vacate the order and judgment of dismissal or, in the alternative, for leave to amend filed by

18

Plaintiff, Isaac Kavalan (“Mr. Kavalan”). On April 16, 2013, the Court granted Defendants’

19

motions to dismiss and it concluded that it lacked jurisdiction over this matter. The Court also

20

found that even if it had jurisdiction, Mr. Kavalan had failed to state a claim against the named

21

defendants based on the principles of quasi-judicial and judicial immunity. (Docket No. 32.)

22

On April 25, 2012, Mr. Kavalan moved to vacate the judgment, pursuant to Federal Rules of

23

Civil Procedure 60(b)(1) and 60(b)(4) and, in the alternative, asked for leave to amend his

24

complaint to name the Superior Court of the State of California, Regina Thomas and Phillip

25

Montes.

26

On April 30, 2013, the Court granted, in part, and denied, in part, that motion. The

27

Court denied the motion to vacate the judgment to the extent it asked to vacate the order

28

dismissing the claims against Commissioner Nixon and Ms. Clark. The Court did, however,

1

grant Mr. Kavalan leave to amend his complaint to name Ms. Thomas and Mr. Montes as

2

Defendants. (See Docket No. 43.)

3

On May 2, 2013, Mr. Kavalan filed a second ex parte motion to vacate the Order entered

4

on April 30, 2013, and he again asks the Court to revisit its decision to dismiss the claims

5

against Commissioner Nixon and Ms. Clark, and asks for leave to amend his claims against

6

those Defendants. For the reasons previously stated in the Order granting the motion to dismiss,

7

and in the Order denying the first ex parte motion for relief from judgment, the Court DENIES

8

Mr. Kavalan’s second ex parte motion.

April 30, 2013 Order, he may do so by May 24, 2013. If Mr. Kavalan does not file an amended

11
For the Northern District of California

If Mr. Kavalan wishes to file an amended complaint on the terms set forth in the Court’s

10

United States District Court

9

complaint by that date, the Court shall dismiss the case with prejudice and shall enter judgment.

12

The Court again advises Mr. Kavalan that the Handbook for Pro Se Litigants, contains

13

helpful information about proceeding without an attorney, is available through the Court’s

14

website or in the Clerk’s office. The Court also advises Mr. Kavalan that he also may wish to

15

seek assistance from the Legal Help Center. Mr. Kavalan may call the Legal Help Center at

16

415-782-9000, extension 8657, or sign up on the 15th Floor of the Courthouse, Room 2796, for

17

a free appointment with an attorney who may be able to provide basic legal help, but not legal

18

representation.

19
20

IT IS SO ORDERED.
Dated: May 8, 2013
JEFFREY S. WHITE
UNITED STATES DISTRICT JUDGE

21
22
23
24
25
26
27
28
2

1

UNITED STATES DISTRICT COURT

2

FOR THE

3

NORTHERN DISTRICT OF CALIFORNIA

4
5
ISAAC KAVALAN,

Case Number: CV13-00162 JSW

6
Plaintiff,

CERTIFICATE OF SERVICE

7
v.
8
ATTORNEY NIKKI CLARK et al,
9
Defendant.
11
For the Northern District of California

United States District Court

10

12
13
14

/

I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S.
District Court, Northern District of California.
That on May 8, 2013, I SERVED a true and correct copy(ies) of the attached, by placing
said copy(ies) in a postage paid envelope addressed to the person(s) hereinafter listed, by
depositing said envelope in the U.S. Mail, or by placing said copy(ies) into an inter-office
delivery receptacle located in the Clerk's office.

15
16
17
18

Isaac Kavalan
5622 Buchanan Place
Fremont, CA 94538

19
20
21
22
23
24
25
26
27
28

Dated: May 8, 2013
Richard W. Wieking, Clerk
By: Jennifer Ottolini, Deputy Clerk