Gonzalez v. Tagged, Inc.
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)
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
EMMANUEL C. GONZALEZ,
Case No. 16-CV-00574-YGR
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
Re: Dkt. No. 55
United States District Court
Northern District of California
On October 7, 2016, Plaintiff Emmanuel C. Gonzalez filed a motion for relief pursuant to
Federal Rule of Civil Procedure 62(d) and/or Federal Rule of Appellate Procedure 8(a) to stay his
burden to pay costs to Tagged. (Dkt. No. 55.)
The Court has determined that the motion is appropriate for decision without oral
argument, as permitted by Civil Local Rule 7-1(b) and Federal Rule of Civil Procedure 78. See
also Lake at Las Vegas Investors Group, Inc. v. Pacific Malibu Dev. Corp., 933 F.2d 724, 729 (9th
Cir. 1991). Accordingly, the Court VACATES the hearing set for November 15, 2016.
The parties shall file and serve by November 11, 2016, supplemental briefing on the
following question: If (a) the Court denies plaintiff’s motion at Docket No. 55 and plaintiff pays
costs to Tagged, (b) plaintiff succeeds in his appeal in the Eastern District of Texas, and (c)
plaintiff is later granted relief from the Court’s judgment under Federal Rule of Civil Procedure
60(b)(5), then what is the effect on the costs plaintiff has paid to Tagged?
The supplemental briefing shall not exceed three (3) pages.
IT IS SO ORDERED.
Dated: November 7, 2016
YVONNE GONZALEZ ROGERS
UNITED STATES DISTRICT COURT 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?