Drevaleva
Drevaleva v. Ng
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 TATYANA EVGENIEVNA DREVALEVA, Case No. 22-cv-01984-EMC
Plaintiff,
ORDER DENYING PLAINTIFF’S
v. PRE-FILING APPLICATION TO FILE
THE SECOND MOTION TO VACATE
DORIS NG, et al., JUDGMENT Defendants. Docket No.
12 13 The plaintiff asks the Court for permission to file a second motion to vacate the judgment in this case primarily for two reasons. First, the California Attorney General was not served and did not appear on behalf of the defendants Department of Industrial relations (“DIR”) and Division of Labor Standards Enforcement (“DLSE”). Second, the Court did not specify which causes of action against DIR and DLSE were barred by the Eleventh Amendment. (Docket No. 56 at 2.) “Amendment or alteration is appropriate under Rule 59(e) if (1) the district court is presented with newly discovered evidence, (2) the district court committed clear error or made an initial decision that was manifestly unjust, or…