Goldstein v. Colvin

Filing 100

ORDER DISMISSING MOTION FOR NEW TRIAL AS MOOT by Judge Yvonne Gonzalez Rogers; denying 99 Motion for New Trial. (fs, COURT STAFF) (Filed on 6/8/2018)

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1 2 3 UNITED STATES DISTRICT COURT 4 NORTHERN DISTRICT OF CALIFORNIA 5 6 STEVEN M. GOLDSTEIN Plaintiff, 7 8 9 10 United States District Court Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 CASE NO.: 13-CV-03504-HRL vs. ORDER DISMISSING MOTION FOR NEW TRIAL AS MOOT NANCY A. BERRYHILL, COMMISSIONER OF THE SOCIAL SECURITY ADMINISTRATION, AND THE SOCIAL SECURITY ADMINISTRATION Re: Dkt. No. 99 Defendants. Following an order by Magistrate Judge Lloyd granting defendants’ motion for summary judgment, plaintiff filed a motion for a new trial. (Dkt. No. 99.) As no trial has occurred, the Court hereby DENIES plaintiff’s motion for a new trial. In the event that plaintiff wishes to appeal Judge Lloyd’s decision, he should file a Notice of Appeal with the District Court. A sample Notice of Appeal can be found attached to this order and online at https://cdn.ca9.uscourts.gov/datastore/uploads/forms/form1.pdf. Pursuant to Federal Rule of Appellate Procedure 3(c), the Notice of Appeal must contain the following information: 1. The party or parties taking the appeal 2. The judgment, order, or part thereof being appealed; and 3. The name of the court to which the appeal is taken (i.e., the “United States Court of Appeals for the Ninth Circuit”). Additionally, the Notice of Appeal must be signed by the appealing party or the party’s attorney. See McKinney v. De Bord, 507 F.2d 501, 503 (9th Cir. 1974). IT IS SO ORDERED. Dated: June 8, 2018 YVONNE GONZALEZ ROGERS UNITED STATES DISTRICT COURT JUDGE EXHIBIT 1 Form 1. Notice of Appeal to a Court of Appeals From a Judgment or Order of a District Court United States District Court for the _____________________ District of _________________________ File Number _______________________ A.B., Plaintiff v. C.D., Defendant ) ) ) ) ) Notice of Appeal Notice is hereby given that (here name all parties taking the appeal), (plaintiffs) (defendants) in the above named case*, hereby appeal to the United States Court of Appeals for the _______ Circuit (from the final judgment) (from an order (describing it)) entered in this action on the ________ day of _______________, 20___. (s)___________________________________ Attorney for __________________________ Address: _____________________________ * See Rule 3(c) for permissible ways of identifying appellants.

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