Jose Gonsalez v. Employment Development Departm, et al
| EMPLOYMENT DEVELOPMENT DEPARTMENT, MYRA IBARRA, REX ABIVA, GUSTAVO BEDOYA and DOES, 1 through 50, inclusive |
| JOSE J. GONSALEZ |
| 20-55255 |
| March 9, 2020 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
Opinions
We have the following opinions for this case:
| Description |
|---|
| JOSE GONSALEZ V. EMPLOYMENT DEVELOPMENT DEPT. |
Docket Report
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This docket was last retrieved on April 23, 2020. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 3 Filed original and 6 copies of Appellant Jose J. Gonsalez opening brief of 29 pages (Informal: Yes). Served on 04/20/2020. [11669742] (LA) [Entered: 04/23/2020 12:34 PM] |
| Filing 2 Filed order (Appellate Commissioner): On September 11, 2019, the district court entered judgment in this case. On September 23, 2019, appellant filed a timely motion listed in Federal Rule of Appellate Procedure 4(a)(4), which tolled the time to file a notice of appeal from the judgment. On November 27, 2019, the district court entered an order denying appellants September 23, 2019 timely tolling motion. Appellant did not file a notice of appeal within 30 days after entry of the district courts November 27, 2019 order. On December 16, 2019, appellant filed a motion for leave to file a motion for reconsideration of the order entered on November 27, 2019, which did not toll the time to appeal from the judgment. See Swimmer v. Internal Revenue Service, 811 F.2d 1343 (9th Cir. 1987) (second motion for reconsideration does not toll time to appeal underlying judgment). On February 19, 2020, the district court entered an order denying appellants December 16, 2019 motion for leave to file a motion for reconsideration. On March 6, 2020, appellant filed a notice of appeal, which seeks to challenge the judgment entered on September 11, 2019, and the district courts post-judgment orders. However, a review of the record reflects that the notice of appeal is timely only as to the district courts post-judgment orders. The scope of this appeal is therefore limited to review of the November 27, 2019 and February 19, 2020 orders. See Fed. R. App. P. 4(a); Swimmer, 811 F.2d 1343. The briefing schedule established on March 9, 2020 shall continue to govern this appeal. (Pro Se) [11650466] (OC) [Entered: 04/02/2020 04:26 PM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL AND PRO SE APPELLANT. SEND MQ: No. The schedule is set as follows: Appellant Jose J. Gonsalez opening brief due 05/05/2020. Appellees Rex Abiva, Gustavo Bedoya, Does, Employment Development Department and Myra Ibarra answering brief due 06/04/2020. Appellant's optional reply brief is due 21 days after service of the answering brief. [11622217] (JPD) [Entered: 03/09/2020 09:52 AM] |
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