Fox v. Good Samaritan Hospital et al

Filing 277

ORDER re 276 MOTION for Leave to File Motion for Reconsideration of the Court's Order Denying Leave to Amend Complaint to Add Causes of Action Under the RICO Statute filed by Richard B. Fox. Signed by Judge Richard Seeborg on 2/11/09. (rssec, COURT STAFF) (Filed on 2/11/2009)

1 2 3 4 5 6 7 8 9 10 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION RICHARD B. FOX, M.D., Plaintiff, v. GOOD SAMARITAN HOSPITAL, et al., Defendants. ____________________________________/ On February 2, 2009, plaintiff filed a motion for leave to file a motion for reconsideration of an order entered by the prior presiding judge, Judge Ronald Whyte, on September 12, 2007. The decision at issue denied plaintiff's request for leave to amend his complaint to add a RICO claim. Since the entry of Judge Whyte's September 13th order, the parties have consented to the undersigned acting as presiding judge for all purposes in this action. Accordingly, Judge Whyte has referred plaintiff's pending motion for leave to file a reconsideration motion to this Court. /// /// /// /// /// No. C 04-00874 RS ORDER REGARDING MOTION FOR LEAVE TO FILE MOTION FOR RECONSIDERATION *E-FILED 2/11/09*

United States District Court

11
For the Northern District of California

12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

ORDER REGARDING MOTION FOR LEAVE TO FILE MOTION FOR RECONSIDERATION

1 2 3 4 5 6 7 8 9 10

In order to clarify the position of all parties on the issue of this court's jurisdiction to consider the motion for leave to file a motion to reconsider Judge Whyte's prior ruling, each party is ordered to file either a consent or declination directed to that specific question by February 27, 2009. IT IS SO ORDERED. DATED: 2/11/09 RICHARD SEEBORG United States Magistrate Judge

United States District Court

11
For the Northern District of California

12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

ORDER REGARDING MOTION FOR LEAVE TO FILE MOTION FOR RECONSIDERATION

2

1 2 3 4 5 6 7 8 9 10

THIS IS TO CERTIFY THAT A COPY OF THIS ORDER WAS DELIVERED TO: Beth Ann Rains McGowen [e-mail] David Lee Perrault [e-mail], [e-mail],

[e-mail], [e-mail] [e-mail] [e-mail]

Eric Peter Schoonveld

George Albert Shannon , Jr James A. Hennefer Jane Allison Stevens Joseph H. C. Wood

[e-mail] [e-mail] [e-mail] [e-mail]

Megan Dean Richardson Samantha L Reardon

United States District Court

11
For the Northern District of California

[e-mail]

12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

Counsel are responsible for distributing copies of this document to co-counsel who have not registered for e-filing under the court's CM/ECF program. Dated: 2/11/09

/s/ bk Chambers of Magistrate Judge Richard Seeborg

ORDER REGARDING MOTION FOR LEAVE TO FILE MOTION FOR RECONSIDERATION

3