Monroe v. Steinfeld
ORDER by Judge ARMSTRONG denying 13 Motion for Default Judgment; adopting Report and Recommendations as to 17 Report and Recommendations.; denying 19 Motion for Reconsideration ; granting 20 Motion to Continue (lrc, COURT STAFF) (Filed on 1/12/2012)
UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF CALIFORNIA
Case No: C 11-2726 SBA
ORDER DENYING PLAINTIFF’S
RECONSIDERATION; and ORDER
REID LAYNE STEINFELD,
Dkt. 13, 17, 19 and 20
The Court previously referred Plaintiff’s motion for default judgment to the Chief
Magistrate Judge or her designee for preparation of a report and recommendation. Dkt. 14.
On November 28, 2011, Magistrate Judge Ryu recommended denying the motion for
default judgment. Dkt. 17. Plaintiff did not object to the report and recommendation, and
the time for doing so has now passed. See 28 U.S.C. § 636(b)(1); Fed. R. Civ. P. 72(a);
N.D. Civ. L.R. 72-2.
On December 16, 2011, Plaintiff filed an Amended Complaint, Dkt. 18, and shortly
thereafter, filed a motion for reconsideration of Magistrate Judge Ryu’s report and
recommendation, Dkt. 19. In addition, Plaintiff has requested that the Court continue the
Case Management Conference scheduled for January 12, 2012 pending resolution of his
motion for default judgment and motion for reconsideration.
Plaintiff’s motion for reconsideration is improper. Before filing such a motion, a
party must first seek leave to file a motion for reconsideration in accordance with Civil
Local Rule 7-9. Since leave to file a motion for reconsideration was neither sought nor
granted, Plaintiff’s motion for reconsideration is subject to denial. Grove v. Wells Fargo
Fin. Cal., Inc., 606 F.3d 577, 582 (9th Cir. 2010) (upholding district court’s denial of
motion to tax costs which was not in compliance with the court’s local rules). In any event,
given Plaintiff’s decision to file an Amended Complaint, the appropriate course of action
was for him to have filed a renewed motion for default judgment, not a motion for
IT IS HEREBY ORDERED THAT:
Plaintiff’s motion for reconsideration is DENIED.
Magistrate Judge Ryu’s report and recommendation issued on November 28,
2011 shall become the Order of this Court. Plaintiff’s motion for default judgment is
Plaintiff is granted leave to file a renewed motion for default judgment, which
is REFERRED to Magistrate Judge Ryu for preparation of a report and recommendation.
Plaintiff shall file his renewed motion within seven (7) days of the date this Order is filed.
Plaintiff’s request to continue the Case Management Conference scheduled
for January 12, 2012 is GRANTED. The telephonic Case Management Conference
scheduled for January 12, 2012 is CONTINUED to March 29, 2012 at 3:15 p.m. Prior to
the date scheduled for the conference, the parties shall meet and confer and prepare a joint
Case Management Conference Statement. Plaintiff is responsible for filing joint statement
no less than seven (7) days prior to the conference date. The joint statement shall comply
with the Standing Order for All Judges of the Northern District of California and the
Standing Orders of this Court. Plaintiff is responsible for setting up the conference call,
and on the specified date and time, shall call (510) 637-3559 with all parties on the line.
IT IS SO ORDERED.
This Order terminates Docket 13, 17, 19 and 20.
Dated: January 10, 2012
SAUNDRA BROWN ARMSTRONG
United States District Judge
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?