Bates v. City of San Jose et al

Filing 59

Order by Hon. Ronald M. Whyte granting 57 Motion to Reopen Time to File an Appeal.(rmwlc2, COURT STAFF) (Filed on 7/1/2013)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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United States District Court
For the Northern District of California

SAN JOSE DIVISION
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FEDERICK BATES,
Plaintiff,

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Case No. C-06-05302-RMW
ORDER GRANTING MOTION TO
REOPEN TIME TO FILE AN APPEAL

v.
CITY OF SAN JOSE et al.,

[Re Docket No. 57]

Defendants.

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Frederick Bates moves the court to reopen time for him to file an appeal pursuant to Federal

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Rule of Appellate Procedure 4 because he did not receive notice of the court's previous order

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denying his motion for relief from judgment until after the deadline for filing an appeal. Although

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Bates would have known about the court's decision had he appeared at the hearing, the court finds

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that Bates did not receive notice of the order within 21 days of its entry. The court also finds that

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Bates' motion was timely and no party will be prejudiced. Therefore, pursuant to Appellate Rule 4,

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the court grants Bates' motion to reopen the time to file an appeal for 14 days, until July 15, 2013.

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Dated: July 1, 2013

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RONALD M. WHYTE
United States District Judge

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ORDER
Case No. C-06-05302-RMW
SW

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