Silbersher

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 ZACHARY SILBERSHER, et al., Case No. 18-cv-03018-JCS Plaintiffs, 8 v. ORDER DENYING MOTION FOR INDICATIVE RULING FOR POST ALLERGAN INC., et al., JUDGMENT RELIEF PURSUANT TO FRCP 60 AND 62.1 Defendants. Re: Dkt. No. 201

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