Watt v. Roth

Filing 37

ORDER by Judge ARMSTRONG denying 34 Motion to Set Aside Judgment; denying 25 Motion to Reopen Case; denying 25 Motion to Set Aside (lrc, COURT STAFF) (Filed on 9/24/2008)

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA OAKLAND DIVISION TANIS JOCELYN WATT, Plaintiff, v. DAVID LEE ROTH, et al., Defendants. No. C 05-05234 SBA ORDER [Docket Nos. 21, 25, 34] Before the Court are plaintiff's Motion to Reopen Case [Docket No. 21]; Motion to Reopen Case, Motion to Set Aside Order [Docket No. 25]; and Motion to Set Aside Judgment [Docket No. 34]. On September 5, 2008, the Court issued an Order which stated: Accordingly, the Court ORDERS that plaintiff has until 14 days from the date of the entry of this Order to file with the Court a declaration under 28 U.S.C. § 1746 explaining: (1) why she delayed for over a year in filing her motions to reopen, due to circumstances beyond her control; and (2) why despite her due diligence in prosecuting her matter, she did not know about the Court's dismissal of her matter. If plaintiff fails to file this declaration in the time provided, or if the declaration fails to establish that plaintiff is entitled to relief under Rule 60(b)(6), then the Court will deny her Motion to Reopen Case [Docket No. 21]; Motion to Reopen Case, Motion to Set Aside Order [Docket No. 25]; and Motion to Set Aside Judgment [Docket No. 34]. Docket No. 36 at 6. The Order was entered in the docket on September 5, 2008. Plaintiff's declaration was thus due or before September 19, 2008. Plaintiff did not file a declaration or any other type of response by this deadline or after it. /// /// 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ACCORDINGLY, the Court DENIES plaintiff's Motion to Reopen Case [Docket No. 21]; Motion to Reopen Case, Motion to Set Aside Order [Docket No. 25]; and Motion to Set Aside Judgment [Docket No. 34]. IT IS SO ORDERED. September 22, 2008 _________________________________ Saundra Brown Armstrong United States District Judge 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA WATT et al, Plaintiff, v. ROTH et al, Defendant. / Case Number: CV05-05234 SBA CERTIFICATE OF SERVICE I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S. District Court, Northern District of California. That on September 24, 2008, I SERVED a true and correct copy(ies) of the attached, by placing said copy(ies) in a postage paid envelope addressed to the person(s) hereinafter listed, by depositing said envelope in the U.S. Mail, or by placing said copy(ies) into an inter-office delivery receptacle located in the Clerk's office. Tanis Jocelyn Watt c/o UMPA P.O. Box 213 Palo Alto, CA 94302-213 Dated: September 24, 2008 Richard W. Wieking, Clerk By: LISA R CLARK, Deputy Clerk 3

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