Wilson v. Leigh Law Group, P.C, (LLG) et al

Filing 41

ORDER EXTENDING DEADLINE TO FILE OPPOSITION TO MOTION REQUESTING PLAINTIFF BE DEEMED A VEXATIOUS LITIGANT. The Court grants plaintiff a further extension, to October 9, 2020, to file opposition to Mt. Diablo's Motion Requesting Plaintiff Be Deemed a Vexatious Litigant. Signed by Judge Maxine M. Chesney on September 10, 2020. (mmcalc, COURT STAFF) (Filed on 9/10/2020)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)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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MICHAEL GEARY WILSON,
Plaintiff,

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v.

ORDER EXTENDING DEADLINE TO
FILE OPPOSITION TO MOTION
REQUESTING PLAINTIFF BE
DEEMED A VEXATIOUS LITIGANT

LEIGH LAW GROUP, P.C, (LLG), et al.,

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United States District Court
Northern District of California

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Case No. 20-cv-03045-MMC

Defendants.

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On June 23, 2020, defendant Mount Diablo Unified School District (“Mt. Diablo”)

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filed a “Motion Requesting Plaintiff Be Deemed a Vexatious Litigant.” On July 23, 2020,

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no opposition having been filed, the Court deemed the matter submitted on the moving

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papers. Later that same date, plaintiff Michael Geary Wilson (“Wilson”) filed a request for

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an extension of the deadline to submit opposition to Mt. Diablo’s motion, and the Court,

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by order filed July 29, 2020, extended said deadline to August 10, 2020. On August 17,

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2020, no opposition having been filed, Mt. Diablo filed a Reply, in which it noted Wilson’s

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failure to respond and asked the Court to consider as evidence of vexatiousness various

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other cases in which Wilson is a party.

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Now before the Court is Wilson’s “Second Notice of Opposition to [Mt.] Diablo’s

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Motion Requesting Plaintiff be Deemed a Vexatious Litigant and Ordered to Post Security

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and Request for Extension of Time to Respond” (“Second Notice”), filed August 17, 2020,

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whereby Wilson asserts the Court, in light of its dismissal of the above-titled action on

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July 14, 2020, “lost jurisdiction” to hear Mt. Diablo’s motion; in addition, Wilson seeks, if

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the Court “regains jurisdiction in the future,” an extension of twenty-eight days thereafter

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to respond to said motion. (See Second Notice at 2:20-21.) Having considered Wilson’s

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Second Notice, the Court hereby rules as follows.

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At the outset, the Court notes it has not lost jurisdiction to hear Mt. Diablo’s

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motion. See Ringgold-Lockhart v. Cty. of Los Angeles, 761 F.3d 1057, 1062 n.2 (9th Cir.

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2014) (rejecting plaintiffs’ contention that “filing a notice of appeal divested the district

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court of jurisdiction to issue the vexatious litigant order”); see also Kallok v. Boardman

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Local Sch. District Bd. of Educ., 24 F. App'x 496, 498 (6th Cir. 2001) (holding “district

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court retains jurisdiction to resolve collateral matters . . . even after the underlying action

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has been appealed”). Further, to the extent Wilson is relying on his “hav[ing] been

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extremely busy with other tasks, including seven other appeals/petitions” (see Second

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Notice at 2:12-13), the Court finds such additional legal matters do not relieve him of the

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obligation to comply with the deadlines set on the instant motion.

United States District Court
Northern District of California

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Nevertheless, the Court will afford Wilson one further opportunity to oppose said

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motion and hereby EXTENDS to October 9, 2020 the deadline to file his opposition. In

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that regard, Wilson is advised that, in addition to the recent rulings and other events

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called to the Court’s attention by Mt. Diablo in its Reply, the Court will be considering the

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recent dismissals entered in Wilson v. Cty. of Contra Costa, et al., No. 20-cv-4160-WHA

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(see Order, filed August 20, 2020), and Wilson v. Mt. Diablo, et al., No. 20-cv-3368-MMC

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(see Order, filed August 25, 2020).

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IT IS SO ORDERED.

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Dated: September 10, 2020
MAXINE M. CHESNEY
United States District Judge

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