Sheryl Neill v. City of Concord, California Timothy Runyon

967 F.2d 589 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Sheryl NEILL, Plaintiff-Appellant, v. CITY OF CONCORD, CALIFORNIA; Timothy Runyon, Defendants-Appellees. No. 90-15556. United States Court of Appeals, Ninth Circuit. Argued and Submitted June 12, 1992. Decided June 26, 1992. Before GOODWIN, SCHROEDER and BEEZER, Circuit Judges. 1 MEMORANDUM * 2 This court sua sponte raised a question as to appellate jurisdiction in this case because the appellant filed her notice of appeal prior to the district court's written order denying her Rule 59 motion. The district court denied the motion for a new trial orally from the bench on March 27, 1990, and the notice of appeal was filed on April 18, 1990. The written order denying the motion for new trial and imposing sanctions on plaintiff's counsel was filed on May 7, 1990. 3 Had the denial of the motion for new trial been entered on the docket sheet, it would have triggered the time for filing a notice of appeal. The premature…