Sanai v. Kozinski et al

Filing 108

ORDER RE MOTION FOR LEAVE AND MOTION FOR RELIEF. Signed by Judge James Donato on 9/7/2021. (jdlc2S, COURT STAFF) (Filed on 9/7/2021)

Case 4:19-cv-08162-YGR Document 108 Filed 09/07/21 Page 1 of 3

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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CYRUS SANAI,
Plaintiff,

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United States District Court
Northern District of California

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Case No. 19-cv-08162-YGR (JD)
ORDER RE MOTION FOR LEAVE
AND MOTION FOR RELIEF

v.
ALEX KOZINSKI, et al.,

Re: Dkt. Nos. 101, 98

Defendants.

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Plaintiff Sanai’s request for leave to file a motion for relief is granted. Dkt. No. 101. For

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the sake of efficiency, the motion for relief, Dkt. No. 98, is deemed filed. The parties’ familiarity

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with the record is assumed, and relief from the orders on recusal, Dkt. Nos. 89, 96, is denied.

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The Northern District of California’s Civil Local Rule 7-9 governs motions for

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reconsideration proposed for filing “[b]efore the entry of a judgment adjudicating all of the claims

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and the rights and liabilities of all the parties in a case.” Civil L.R. 7-9(a). The rule provides

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guidance because Sanai is challenging the Court’s conclusions on recusal, and there will be no

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final “judgment” on that issue.

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In any event, irrespective of any technical niceties, the same factors that foreclosed Sanai’s

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prior motion, Dkt. No. 95, warrant denial of this one. Sanai’s belief that the Court “lied about

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what Cheney, [541 U.S. 913], actually holds,” Dkt. No. 98 at 19, speaks more to his personal

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reaction to the denial of recusal than anything else. A simple dissatisfaction with the Court’s

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conclusions is no basis for reconsideration or similar relief. See Dkt. No. 89 at 7 (quoting Liteky v.

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United States, 510 U.S. 540, 555 (1994)).

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Sanai’s complaint that the Court “purported to decide a motion to disqualify him that had

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not been filed (and still has not),” Dkt. No. 98 at 19, reflects a misunderstanding of the recusal

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order. The Court expressly stated that “Sanai hints, without clearly stating, that I should recuse

Case 4:19-cv-08162-YGR Document 108 Filed 09/07/21 Page 2 of 3

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myself under 28 U.S.C. § 455 from deciding the motion against Judge Gonzalez Rogers.

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Assuming that he has made this request, it is denied.” Dkt. No. 89 at 2. Sanai’s misreading of the

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order is not a basis for relief under Federal Rule of Civil Procedure 60(b)(1) or any other standard.

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The requirement that Sanai seek approval before making further filings about recusal, Dkt.

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No. 96, was warranted by his record of filing repetitive motions that rehash claims and arguments,

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including those that have been put to rest by the Court’s rulings. The order embodies “Rule 1’s

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paramount command: the just, speedy, and inexpensive resolution of disputes.” Dietz v. Bouldin,

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136 S.Ct. 1885, 1891 (2016). The Court “possesses inherent powers that are ‘governed not by rule

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or statute but by the control necessarily vested in courts to manage their own affairs so as to
achieve the orderly and expeditious disposition of cases,’” and a district court may exercise that

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United States District Court
Northern District of California

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power so long as it is “a reasonable response to a specific problem” and the exercise does not

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“contradict any express rule or statute.” Id. at 1891-92 (citations omitted).

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These requirements have been amply satisfied here. The prior approval order was

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narrowly tailored to the recusal claim and Sanai’s refusal to accept the Court’s determinations.

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Sanai continues to enjoy the privileges of being an ECF filer. His access to the courts has not

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been restricted in any way. No rule or statute has been trammeled.

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Sanai’s suggestion that he was robbed of the “right” to file a reply brief because the Court

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decided “the motion the day before Plaintiff was required to file his reply in support of his motion

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for discovery,” Dkt. No. 101 at 5, is of no moment. There is no absolute right to file a reply. See

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NLRB v. Eclipse Lumber Co., 199 F.2d 684, 686 (9th Cir. 1952) (“The Company claims that it is a

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denial of due process not to give a mandatory right to file a reply brief. We know of no such

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requirement.”); City of Los Angeles, Harbor Div. v. Santa Monica Baykeeper, 254 F.3d 882, 888

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(9th Cir. 2001) (“even if Kaiser had been prevented from filing an additional brief in response to

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BayKeeper’s [opposition] memorandum, Kaiser cites no authority suggesting that this would

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constitute reversible error. In fact, the only case law from this circuit addressing this issue

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supports a contrary conclusion.”) (citing NLRB, supra). In addition, Sanai has not demonstrated

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that he was denied a fair opportunity to present his claims or concerns, which is all the more true

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in that a reply brief may not raise new matters, and a “district court need not consider arguments
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raised for the first time in a reply brief.” Zamani v. Carnes, 491 F.3d 990, 997 (9th Cir. 2007)

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(citation omitted).

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IT IS SO ORDERED.
Dated: September 7, 2021

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JAMES DONATO
United States District Judge

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United States District Court
Northern District of California

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