Talley v. Clerk of the Court

Filing 9

ORDER STRIKING MOTION TO ADD PARTY 8 (Illston, Susan) (Filed on 1/14/2016)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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JEROME TALLEY,

Case No. 15-cv-06116-SI

Plaintiff,
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v.

ORDER STRIKING MOTION TO ADD
PARTY

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CLERK OF THE COURT,

Re: Dkt. No. 8

Defendant.

United States District Court
Northern District of California

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On January 7, 2016, this Court dismissed the above-captioned case with prejudice and

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judgment was entered accordingly. See Dkt. 6, 7. On January 11, 2016, plaintiff filed a motion to

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add a defendant to the case. Dkt. 8.

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Once final judgment has been entered in a case, a motion to amend the complaint can only

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be entertained if the judgment is first reopened pursuant to a successful motion for new trial, a

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motion to alter or amend judgment, or a motion for relief from judgment or order. See Lindauer v.

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Rogers, 91 F.3d 1355, 1357 (9th Cir. 1996); Fed. Rules Civ. Proc. 59, 60.

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This judgment has not been set aside, and Court will therefore not entertain the present
motion, which shall be STRICKEN from the record.

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IT IS SO ORDERED.
Dated: January 14, 2016
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SUSAN ILLSTON
United States District Judge