Brown

Brown v. Arias

Good Law
United States District Court, Southern District of CaliforniaJuly 1, 20243:23-cv-00778California515 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 JONAS BROWN, Case No. 23-cv-0778-BAS-DDL

Plaintiff,

ORDER VACATING AND

v. REENTERING JUDGMENT PURSUANT TO RULE 60(b)(1) ROBERTO ARIAS, (ECF No. 14) Defendant. 16 On April 4, 2024, Plaintiff Jonas Brown (“Plaintiff” or “Brown”) moved this Court to vacate and reenter its January 16, 2024, judgment so Plaintiff’s Notice of Appeal could be timely. (ECF No. 14.) Plaintiff moved for such relief under Federal Rule of Civil Procedure (“Rule”) 60(b)(1) on the grounds of mistake, inadvertence, surprise, or excusable neglect; and (6) on the grounds of “any other reason that justifies relief.” (Id.) The defendant did not oppose. Broadly, Rule 60(b) allows a district court to vacate and reenter judgment to restore the right to appeal in “limited circumstances.” Washington v. Ryan, 833 F.3d 1087, 1091 (9th Cir. 2016). Rule 60(b)(1) specifically permits it in cases of “mistake, inadvertence,…

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