Opinion
23-cv-04545-SI
05-03-2024
RICHARD CROSBY WHITE, et al., Plaintiffs, v. DENIS MCDONOUGH, et al., Defendants.
ORDER: -GRANTING MOTION AT DKT. NO. 20 -SETTING ASIDE JUDGMENT -REOPENING CASE -STAYING CASE UNTIL JULY 15, 2024 - ORDERING SERVICE ON DEFENDANTS BY AUGUST 15, 2024
RE: DKT. NO. 20
SUSAN ILLSTON, UNITED STATES DISTRICT JUDGE
Self-represented plaintiff Richard Crosby White has filed a document titled, “Motion to Suspend This Action Due to Medical and Legal Reasons.” Dkt. No. 20. The motion explains that plaintiff contracted a severe case of pneumonia in March 2024 that lasted into the end of April. The Court construes this motion as a motion to set aside the judgment the Court entered against plaintiff (Dkt. No. 19) and to reopen the case. So construed, the Court GRANTS the motion to set aside the judgment and reopen the case. See Fed.R.Civ.P. 60(b)(1) (allowing the court to relieve a party from a final judgment due to excusable neglect).
Plaintiff's motion also asks to stay the proceedings in this case until July 15, 2024, because a VA appeals hearing is set for June 26. The Court GRANTS this request. The proceedings in this case are hereby STAYED until July 15, 2024.
The Court ORDERS plaintiff to serve the defendants no later than August 15, 2024.
The Court reminds plaintiff that information on how to represent yourself, including information on serving defendants, is available in the district court's handbook Representing Yourself in Federal Court, available on the court's website at: https://cand.uscourts.gov/pro-se-litigants/
The Court also advises plaintiff to contact the Legal Help Center (a free service of the Volunteer Legal Services Program) by calling 415-782-8982 or emailing fedpro@sfbar.org to get information about how to request a summons from the Clerk and how to serve the summons and complaint. There are special rules that apply to serving a federal agency and employees under Federal Rule of Civil Procedure 4(i).
IT IS SO ORDERED.