Wu et al v. Prudential Financial, Inc. et al
Filing
97
MEMORANDUM Order. Signed by the Honorable Milton I. Shadur on 12/18/2014. Mailed notice(tlp, )
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ILLINOIS
EASTERN DIVISION
MICHAEL H. WU and CHRISTINE T. WU,
Plaintiffs,
v.
PRUDENTIAL FINANCIAL, INC., et al.,
Defendants.
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Case No. 14 C 5392
MEMORANDUM ORDER
Plaintiffs Michael and Christine Wu, continuing to act pro se rather than through
knowledgeable counsel, have tendered a Motion To Reconsider Order of November 14, 2014,
having noticed it for presentment on this Court's December 18, 2014 motion call. Their motion
was accompanied by a Certificate of Service specifying that defendants had been served by
e-mail transmitted December 11, such service thus having complied with the provisions of this
District Court's LR 5.3(b) and 78.1 as to presentment of motions.
At the December 18 hearing this Court stated that the motion would be deemed to
constitute a Fed. R. Civ. P. ("Rule") 59(e) motion to alter or amend the November 14 order of
dismissal, so that the nonextendable 28-day time limit established by that Rule required the
motion to have been filed by December 12. If then the December 18 presentment date were to
be treated as the motion's filing date, that would cause it to fall outside of Rule 59(e)'s permitted
28-day time frame and this Court would have been without jurisdiction to entertain the motion.
Fortunately, however, Rule 5(d)(2)(A) specifies:
A paper is filed by delivering it:
(A)
to the clerk . . . .
-- and that delivery had taken place on December 11, just 27 days after the November 14
judgment entry date.
Accordingly this Court has entered and continued the motion to 8:45 a.m. March 20,
2015 to enable plaintiffs to retain knowledgeable counsel who can then submit a revised filing
that will enable defense counsel and this Court to conduct an informed analysis of the matter. It
is anticipated that copies of that retained counsel's work product will be delivered to defense
counsel and to this Court at least one week in advance of the March 20 status hearing date.
__________________________________________
Milton I. Shadur
Senior United States District Judge
Date: December 18, 2014
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