Shahrivar
Shahrivar v. City of San Jose
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA
FARID SHAHRIVAR,
Case No. 10-cv-01029-RS Plaintiff, 11 v. ORDER DENYING POST-JUDGMENT MOTIONS DAVID SYKES, et al., 13 Defendants.
15 The parties are familiar with the lengthy history of this action, both prior to appeal and following remand. For reasons set out in an order entered June 21, 2023, (Dkt. No. 279), judgment was entered in favor of the remaining defendants on the claims within the scope of the Ninth Circuit’s partial reversal and remand. See Dkt Nos. 151, 157, 280. Plaintiff Farid Shahrivar has filed two motions seeking relief from the judgment. Shahrivar’s first motion (Dkt. No. 291) invokes Rule 59 of the Federal Rules of Civil Procedure. The second motion (Dkt. No. 304) is brought under Rule 60. Defendants, in turn, move pursuant 42 U.S.C. § 1988 to recover attorney fees they incurred following remand, arguing Shahrivar’s continued pursuit of the litigation was “frivolous, unreasonable,…