Moulton v. Eugene Burger Management Corporation et al

Filing 148

ORDER. IT IS ORDERED that Moulton's request for an extension oftime to file a notice of appeal 141 is DENIED. IT IS FURTHER ORDERED that Motion for Leave to File Opposition to Plaintiff's Motion for Extension to File Untimely Notice of Appeal 147 is DENIED as moot. IT IS FURTHER ORDERED that a copy of this order be served to the Ninth Circuit (SENT). (See USCA Order 146 11-15554) Signed by Chief Judge Robert C. Jones on 7/5/2011. (Copies have been distributed pursuant to the NEF - MLC)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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SHERYL MOULTON,

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Plaintiff,
v.

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EUGENE BURGER MANAGEMENT
CORPORATION, et al.,
Defendants.

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3:08-cv-176-RCJ-RAM
ORDER

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On April 20, 2011, the Ninth Circuit remanded this case for the limited purpose of

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allowing this Court to rule on Plaintiff Sheryl Moulton’s timely request for an extension of time

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to appeal. (Order (#146)). The Ninth Circuit noted that “although the March 7, 2011 notice of

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appeal was not filed within 30 days after the district court’s judgment entered on January 18,

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2011, appellant’s notice of appeal contains a timely request for an extension of time pursuant

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to Federal Rule of Appellate Procedure 4(a)(5). The district court has not ruled on that

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request.” (Id. at 1).

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The Court now denies Moulton’s request for an extension of time to file a notice of

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appeal (#141). The Court denies as moot Defendants Gayle A. Kern and Gayle A. Kern, Ltd.’s

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Motion for Leave to File Opposition to Plaintiff’s Motion for Extension to File Untimely Notice

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of Appeal (#147).

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CONCLUSION
For the foregoing reasons, IT IS ORDERED that Moulton’s request for an extension of
time to file a notice of appeal (#141) is DENIED.
IT IS FURTHER ORDERED that Motion for Leave to File Opposition to Plaintiff’s Motion
for Extension to File Untimely Notice of Appeal (#147) is DENIED as moot.
IT IS FURTHER ORDERED that a copy of this order be served to the Ninth Circuit.

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DATED: This _____ day July, 2011.
5th day of of June, 2011.

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_________________________________
United States District Judge

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