tBear

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 CALEB AVERY TBEAR, Case No. 17-cv-00796-JSC

Plaintiff,

ORDER RE: PLAINTIFF’S MOTION

v. FOR RELIEF FROM A JUDGMENT

OR ORDER

BARRY FORMAN, Re: Dkt. No. 288 Defendant.

Before the Court is Plaintiff’s motion for relief from a judgment or order pursuant to Federal Rule of Civil Procedure 60. (Dkt. No. 288.) The motion is fully briefed. (Dkt. Nos. 292, 293.) After carefully considering the parties’ briefing, the Court concludes that oral argument is unnecessary, see N.D. Cal. Civ. L.R. 7-1(b), VACATES the September 30, 2021 hearing, and DENIES the motion. BACKGROUND On February 24, 2020, the Court entered judgment in favor of Defendant and against Plaintiff on Plaintiff’s claims and Defendant’s counterclaims. (Dkt. No. 240.) Plaintiff filed a notice of appeal of the judgment, which the Ninth Circuit dismissed for lack of jurisdiction as untimely filed. (Dkt. No. 259); t’Bear v. Forman, No.…