Lenk v. Semiconductor Component Industries LLC

Filing 10

Order re Plaintiff's Request for Reconsideration. Plaintiff shall pay $50 in filing fees and consent or decline to magistrate jurisdiction by 2/5/2021. Signed by Judge Virginia K. DeMarchi on 1/6/2021. (vkdlc1S, COURT STAFF) (Filed on 1/6/2021)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF)

Case 5:20-cv-08099-VKD Document 10 Filed 01/06/21 Page 1 of 3

1
2
3
4

UNITED STATES DISTRICT COURT

5

NORTHERN DISTRICT OF CALIFORNIA

6

SAN JOSE DIVISION

7
8

KENNETH LENK,
Plaintiff,

9
10

United States District Court
Northern District of California

11
12

Case No. 20-cv-08099-VKD
ORDER RE PLAINTIFF’S REQUEST
FOR RECONSIDERATION

v.
SEMICONDUCTOR COMPPONENT
INDUSTRIES, LLC,

Re: Dkt. No. 9-3

Defendant.

13
14

On November 16, 2020, pro se plaintiff Kenneth Lenk filed a complaint and application to

15

proceed in forma pauperis (“IFP”). Dkt. Nos. 1, 2. On November 18, 2020, the Court denied Mr.

16

Lenk’s IFP application and ordered him to pay the full filing fee by December 2, 2020. Dkt. No.

17
18
19
20
21

5. On December 22, 2020, the Clerk of the Court issued a notice of non-payment and extended
the deadline to pay the filing fee to January 5, 2021. Dkt. No. 8. Instead of paying of the filing
fee, Mr. Lenk moved for reconsideration of the Court’s order denying IFP status on January 4,
2021. Dkt. No. 9-3.
Under Civil Local Rule 7-9, a party may seek leave to file a motion for reconsideration any

22

time before judgment. Civ. L.R. 7-9(a). “No party may notice a motion for reconsideration

23

without first obtaining leave of Court to file the motion.” Civ. L.R. 7-9(a). Mr. Lenk did not seek

24

leave of the Court to file his motion. Nevertheless, in view of Mr. Lenk’s pro se status, the Court

25
26
27
28

will consider his motion on the merits.
“A district court may properly reconsider its decision if it (1) is presented with newly
discovered evidence, (2) committed clear error or the initial decision was manifestly unjust, or (3)

Case 5:20-cv-08099-VKD Document 10 Filed 01/06/21 Page 2 of 3

1

if there is an intervening change in controlling law. . . . Clear error occurs when the reviewing

2

court on the entire record is left with the definite and firm conviction that a mistake has been

3

committed.” Smith v. Clark Cnty. School Dist., 727 F.3d 950, 955 (9th Cir. 2013) (quoting School

4

Dist. No. 1J v. ACandS, Inc., 5 F.3d 1255, 1263 (9th Cir. 1993); United States v. U.S. Gypsum Co.,

5

333 U.S. 364, 395 (1948)) (internal quotations and citations omitted).
Mr. Lenk says that since the Court denied his IFP application, his $100 monthly state

6
7

unemployment benefits due to COVID-19 have ceased. Dkt. No. 9-3 ¶ 12. He identifies no other

8

changes in the financial circumstances upon which the Court relied in its original decision,

9

including ownership of significant assets. Based on Mr. Lenk’s representation that he no longer

10

receives any income, the Court will only require him to pay $50 instead of the full $402 filing fee.
Mr. Lenk also advises the Court that he did not receive timely notice of the Court’s order

United States District Court
Northern District of California

11
12

denying his application or the Clerk’s Notice asking him to file a consent or declination to

13

magistrate judge jurisdiction. The Court will extend the deadline for Mr. Lenk to file a consent or

14

declination.
Accordingly, the Court orders as follows:

15
16

1. Mr. Lenk must pay a one-half filing fee of $50 by February 5, 2021.

17

2. Mr. Lenk must file a consent or declination to magistrate judge jurisdiction by
February 5, 2021.

18
19

The Court encourages Mr. Lenk to seek out the assistance of the Federal Pro Se Program,

20

which offers free legal information for pro se litigants. While the Program does not provide legal

21

representation, a licensed attorney may assist Mr. Lenk. The Program’s phone number is (408)

22

297-1480. More information on the Program is available on the Court’s website at

23

https://cand.uscourts.gov/helpcentersj.

24

Mr. Lenk may also wish to consult a manual the Court has adopted to assist pro se litigants

25

in presenting their case. An online version of the manual, as well as other free information for pro

26

se litigants, is available on the Court’s website at https://www.cand.uscourts.gov/pro-se-litigants/.

27

///

28

///
2

Case 5:20-cv-08099-VKD Document 10 Filed 01/06/21 Page 3 of 3

1
2

IT IS SO ORDERED.
Dated: January 6, 2021

3
4
VIRGINIA K. DEMARCHI
United States Magistrate Judge

5
6
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
3