Finn v. Sullivan et al

Filing 64

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)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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United States District Court
Northern District of California

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STEPHEN A. FINN,
Plaintiff,
v.

Case No. 16-cv-05285-WHO
ORDER TO SHOW CAUSE

KELLEEN F. SULLIVAN, et al.,

Re: Dkt. No. 59

Defendants.
On January 13, 2017, I dismissed plaintiff’s claims with prejudice (Dkt. No. 55) and a

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clerk’s judgment was entered (Dkt. No. 57). On January 19, 2017, plaintiff moved under Local

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Rule 7-9 for leave to file a motion to alter or amend the judgment pursuant to Federal Rule of

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Civil Procedure 59(e). Dkt. No. 59. Plaintiff may re-file this motion for leave re-styled as a Rule

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59(e) motion (but not otherwise substantively altered) so that plaintiff can preserve his appellate

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rights under Federal Rule of Appellate Procedure 4(a)(4)(iv).

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Defendants are ORDERED TO SHOW CAUSE why the second paragraph of the January

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13, 2017 Order (Dkt. No. 55) should not be stricken as plaintiff requests. Defendants shall jointly

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file a single response to this order by February 15, 2017. Plaintiff shall file his response by

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February 24, 2017. When filing their briefs on ECF, the parties should link to the docket number

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for this Order to Show Cause. The motion is set for hearing on March 8, 2017, at 2 p.m.

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IT IS SO ORDERED.
Dated: January 27, 2017

________________________
WILLIAM H. ORRICK
United States District Judge