Finn v. Sullivan et al
ORDER TO SHOW CAUSE - Plaintiff may re-file the motion for leave as a Rule 59(e) motion. Defendants shall jointly file a single response to this order by February 15, 2017. Plaintiff shall file his response by February 24, 2017. The motion is set for hearing on March 8, 2017, at 2 p.m. Signed by Judge William H. Orrick on 01/27/2017. (jmdS, COURT STAFF) (Filed on 1/27/2017)
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
United States District Court
Northern District of California
STEPHEN A. FINN,
Case No. 16-cv-05285-WHO
ORDER TO SHOW CAUSE
KELLEEN F. SULLIVAN, et al.,
Re: Dkt. No. 59
On January 13, 2017, I dismissed plaintiff’s claims with prejudice (Dkt. No. 55) and a
clerk’s judgment was entered (Dkt. No. 57). On January 19, 2017, plaintiff moved under Local
Rule 7-9 for leave to file a motion to alter or amend the judgment pursuant to Federal Rule of
Civil Procedure 59(e). Dkt. No. 59. Plaintiff may re-file this motion for leave re-styled as a Rule
59(e) motion (but not otherwise substantively altered) so that plaintiff can preserve his appellate
rights under Federal Rule of Appellate Procedure 4(a)(4)(iv).
Defendants are ORDERED TO SHOW CAUSE why the second paragraph of the January
13, 2017 Order (Dkt. No. 55) should not be stricken as plaintiff requests. Defendants shall jointly
file a single response to this order by February 15, 2017. Plaintiff shall file his response by
February 24, 2017. When filing their briefs on ECF, the parties should link to the docket number
for this Order to Show Cause. The motion is set for hearing on March 8, 2017, at 2 p.m.
IT IS SO ORDERED.
Dated: January 27, 2017
WILLIAM H. ORRICK
United States District Judge
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