Sussman

Sussman v. San Diego Police Dept.

Good Law
United States District Court, Southern District of CaliforniaNovember 22, 20193:19-cv-01063California640 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 NANCY SUSSMAN and MICHAEL Case No.: 19-CV-1063-DMS-JLB

SUSSMAN,

12 ORDER DENYING RULE 60(b) Plaintiffs, MOTION v.

SAN DIEGO POLICE DEPARTMENT,

15 et al., 16 Defendants.

18 This case comes before the Court on Plaintiff’s motion for relief from final judgment 19 under Federal Rule of Civil Procedure 60(b). For the reasons discussed below, the Court 20 denies Plaintiff’s motion. 21 I.

DISCUSSION1

23 On November 14, 2019, Plaintiff, proceeding pro se, filed a timely Notice of Appeal 24 of the Court’s order granting Defendants’ motion to dismiss. Five days later, Plaintiff

26 1 The factual and procedural background of this case is set out in detail in the Court’s order granting Defendants’ motion to dismiss Plaintiff’s Second Amended Complaint 28 moved for relief from judgment under Rule 60(b), arguing the Court’s order is “based upon fraud or mistake.” ECF No. 118 at 1. It is well settled that the “filing of a notice of appeal divests the district court of 4 …

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