Gonzalez v. Tagged, Inc.
Filing
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ORDER RE SUPPLEMENTAL BRIEFING ON DEFENDANT'S MOTION FOR RELIEF PURSUANT TO FEERAL RULE OF CIVIL PROCEDURE 62(d) AND/OR FEDERAL RULE OF APPELLATE PROCEDURE 8(a) AND VACATING HEARING re 55 MOTION FOR RELIEF PURSUANT TO FEDERAL RULE OF CI VIL PROCEDURE 62(d) AND/OR FEDERAL RULE OF APPELLATE PROCEDURE 8(a) filed by Emmanuel C. Gonzalez, ***Deadlines terminated. 55 MOTION FOR RELIEF PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 62(d) AND/OR FEDERAL RULE OF APPELLATE PROCEDURE 8(a) filed by Emmanuel C. Gonzalez. The Court VACATES the hearing set for November 15, 2016. Supplemental briefing by 11/11/2016.. Signed by Judge Yvonne Gonzalez Rogers on 11/7/16. (fs, COURT STAFF) (Filed on 11/7/2016)
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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EMMANUEL C. GONZALEZ,
Case No. 16-CV-00574-YGR
Plaintiff,
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v.
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TAGGED, INC.,
Defendant.
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ORDER RE SUPPLEMENTAL BRIEFING ON
DEFENDANT’S MOTION FOR RELIEF
PURSUANT TO FEDERAL RULE OF CIVIL
PROCEDURE 62(D) AND/OR FEDERAL RULE
OF APPELLATE PROCEDURE 8(A) AND
VACATING HEARING
Re: Dkt. No. 55
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United States District Court
Northern District of California
On October 7, 2016, Plaintiff Emmanuel C. Gonzalez filed a motion for relief pursuant to
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Federal Rule of Civil Procedure 62(d) and/or Federal Rule of Appellate Procedure 8(a) to stay his
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burden to pay costs to Tagged. (Dkt. No. 55.)
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The Court has determined that the motion is appropriate for decision without oral
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argument, as permitted by Civil Local Rule 7-1(b) and Federal Rule of Civil Procedure 78. See
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also Lake at Las Vegas Investors Group, Inc. v. Pacific Malibu Dev. Corp., 933 F.2d 724, 729 (9th
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Cir. 1991). Accordingly, the Court VACATES the hearing set for November 15, 2016.
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The parties shall file and serve by November 11, 2016, supplemental briefing on the
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following question: If (a) the Court denies plaintiff’s motion at Docket No. 55 and plaintiff pays
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costs to Tagged, (b) plaintiff succeeds in his appeal in the Eastern District of Texas, and (c)
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plaintiff is later granted relief from the Court’s judgment under Federal Rule of Civil Procedure
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60(b)(5), then what is the effect on the costs plaintiff has paid to Tagged?
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The supplemental briefing shall not exceed three (3) pages.
IT IS SO ORDERED.
Dated: November 7, 2016
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YVONNE GONZALEZ ROGERS
UNITED STATES DISTRICT COURT JUDGE
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