Shapiro v. Lundhal et al

Filing 42

ORDER by Judge Maria-Elena James denying 39 Motion Leave to File a Motion for Reconsideration. (mejlc3, COURT STAFF) (Filed on 8/9/2017)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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LAWRENCE SHAPIRO,

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Plaintiff,

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v.

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ERIC LUNDAHL, et al.,

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Defendants.

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United States District Court
Northern District of California

Case No. 16-cv-06444-MEJ
ORDER DENYING REQUEST FOR
LEAVE TO FILE MOTION FOR
RECONSIDERATION
Re: Dkt. No. 39

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On July 7, 2017, the Court granted Defendants’ Motion to Dismiss without leave to amend.

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See Order, Dkt. No. 38. Pursuant to Civil Local Rule 7-9, Plaintiff requests leave to file a motion

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for reconsideration of that Order. See Mot., Dkt. No. 39.1
In his Motion, Plaintiff argues it is “apparent that the Court did not consider the [Extension

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of Admiralty Act (‘EAA’)].” Mot. at 3. The Court did not specifically discuss the EAA, which

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was enacted in 1948. Instead, the Court analyzed authorities that interpreted and applied the EAA,

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including cases Plaintiff cited in his Opposition, such as Lu Junhong v. Boeing Co., 792 F.3d 805,

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816 (7th Cir. 2015) and Jerome B. Grubart, Inc. v. Great Lakes Dredge & Dock Co., 513 U.S.

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527, 532-34 (1995). See Order at 6-7 (specifically noting the Grubart Court relied on the

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Extension of Admiralty Act to find admiralty jurisdiction existed). The Court found Plaintiff did

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not allege facts sufficient to show admiralty jurisdiction applied under the standards set forth in

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Plaintiff noticed his Motion to be heard on August 17, 2017; however, unless otherwise ordered,
no hearings are held concerning motions for leave to file a motion to reconsider. See Civil L.R. 79(d).

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those cases, standards explicitly based on the EAA. See id. Plaintiff’s request for leave thus is

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DENIED.

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IT IS SO ORDERED.

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Dated: August 9, 2017
______________________________________
MARIA-ELENA JAMES
United States Magistrate Judge

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United States District Court
Northern District of California

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