Kalincheva v. Neubarth

Filing 35

ORDER DENYING PLAINTIFF'S EMERGENCY MOTION TO REOPEN CASE denying 31 Motion to Vacate. (Illston, Susan) (Filed on 3/23/2021)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF)

Case 3:13-cv-03212-SI Document 35 Filed 03/23/21 Page 1 of 1

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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MAGDALINA G KALINCHEVA,
Plaintiff,

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United States District Court
Northern District of California

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Case No. 13-cv-03212-SI

v.
JESSE NEUBARTH,
Defendant.

ORDER DENYING PLAINTIFF'S
EMERGENCY MOTION TO REOPEN
CASE
Re: Dkt. No. 31

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On July 11, 2013, plaintiff Magdalina Kalincheva filed this action in the Northern District

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of California against Jesse Neubarth. Dkt. No. 1. On July 30, 2013, this Court transferred the action

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to the Eastern District of California, because venue in the Northern District was improper. Dkt. No.

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14. On February 21, 2014, the district court in the Eastern District of California dismissed the action

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and entered judgment against plaintiff. Kalincheva v. Neubarth, No. 2:13-cv-1601, Dkt. Nos. 17,

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18 (E.D. Cal. Feb. 21, 2014).

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Plaintiff has now filed, in the Northern District, a second emergency motion to reopen this

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case. Dkt. No. 31. As the Court explained in dismissing plaintiff’s first emergency motion to reopen

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this case, this Court does lacks jurisdiction over plaintiff’s case, which was transferred to, litigated

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in and dismissed by the Eastern District. Dkt. No. 28. The Court hereby DENIES plaintiff’s motion.

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IT IS SO ORDERED.
Dated: March 23, 2021
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SUSAN ILLSTON
United States District Judge