Gonzalez v. Tagged, Inc.

Filing 58

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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1 2 3 UNITED STATES DISTRICT COURT 4 NORTHERN DISTRICT OF CALIFORNIA 5 6 EMMANUEL C. GONZALEZ, Case No. 16-CV-00574-YGR Plaintiff, 7 v. 8 9 TAGGED, INC., Defendant. 10 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 11 United States District Court Northern District of California On October 7, 2016, Plaintiff Emmanuel C. Gonzalez filed a motion for relief pursuant to 12 Federal Rule of Civil Procedure 62(d) and/or Federal Rule of Appellate Procedure 8(a) to stay his 13 burden to pay costs to Tagged. (Dkt. No. 55.) 14 The Court has determined that the motion is appropriate for decision without oral 15 argument, as permitted by Civil Local Rule 7-1(b) and Federal Rule of Civil Procedure 78. See 16 also Lake at Las Vegas Investors Group, Inc. v. Pacific Malibu Dev. Corp., 933 F.2d 724, 729 (9th 17 Cir. 1991). Accordingly, the Court VACATES the hearing set for November 15, 2016. 18 The parties shall file and serve by November 11, 2016, supplemental briefing on the 19 following question: If (a) the Court denies plaintiff’s motion at Docket No. 55 and plaintiff pays 20 costs to Tagged, (b) plaintiff succeeds in his appeal in the Eastern District of Texas, and (c) 21 plaintiff is later granted relief from the Court’s judgment under Federal Rule of Civil Procedure 22 60(b)(5), then what is the effect on the costs plaintiff has paid to Tagged? 23 24 25 26 27 28 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

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