Hughes

1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6

UNITED STATES OF AMERICA,

7 Case No. 18-cv-05931-JCS Plaintiff, 8 ORDER DENYING RULE 62.1 v. MOTION FOR RELIEF THAT IS 9 BARRED BY A PENDING APPEAL

TIMBERLY HUGHES, FOR NEWLY DISCOVERED

10 EVIDENCE Defendant. 11 Re: Dkt. No. 194

12 13 I. INTRODUCTION 14 Following a bench trial and entry of judgment against her, Defendant Timberly Hughes 15 filed an appeal with the Ninth Circuit and that appeal is currently pending. Where an appeal has 16 been docketed and remains pending, a district court cannot grant relief from a final judgment 17 under Rule 60(b) of the Federal Rules of Civil Procedure without a remand. See Rule 62.1 18 advisory committee’s note; see also Balan v. Tesla Motors, Inc., 2020 WL 1248670, at *1 (W.D. 19 Wash. Mar. 16, 2020) (citing Williams v. Woodford, 384 F.3d 567, 586 (9th Cir. 2002)). 20 However, under…