Park v. Social Security Administration ( 2020 )

1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 NORTHERN DISTRICT OF CALIFORNIA 8 9 10 WARING PARK, 11 Plaintiff, No. C 18-06603 WHA 12 v. 13 ANDREW SAUL, Commissioner of the ORDER ON MOTION TO VACATE Social Security Administration, et al., AND REQUEST FOR DOCUMENTS 14 Defendants. 15 16 The Court liberally construes plaintiff’s letter dated January 2 (Dkt. No. 33) as a Rule 60 17 motion to vacate judgment and a request for documents. A Rule 60(a) motion is for correction 18 of clerical mistakes in an order. Plaintiff alleges no such errors. A Rule 60(b) motion permits 19 relief from judgment where “appropriate to accomplish justice,” in cases such as a party’s 20 excusable neglect, opposing party’s misconduct, discovery of new evidence, lack of subject- 21 matter jurisdiction, or other “extraordinary circumstances.” See Henson v. Fidelity Nat’l Fin., 22 943 F.3d 434, 443 (9th Cir. 2019). Plaintiff’s motion is an extensive disagreement with the 23 order of dismissal (Dkt. No. 25). The undersigned appreciates plaintiff’s candor, but notes 24 plaintiff does not point to specific errors of law, new material facts, misconduct, or 25 extraordinary circumstances warranting relief. The motion is DENIED. 26 Regarding plaintiff’s request for documents. The Court notes that prior attempts to send 27 plaintiff documents failed as undelivered (Dkt. Nos. 28, 29). But the Court emphasizes the 1 documents were sent to plaintiff's address of record. As noted previously (Dkt. No. 31), it 2 appears plaintiff now corresponds with the Court from a new address. Plaintiff is ORDERED to 3 please update his address of record with the Court and serve defendant a copy of the address 4 change. Two forms to accomplish these tasks are attached. Once plaintiff updates his 5 address, the clerk will send a second set of documents to the updated address. 6 7 IT IS SO ORDERED. 8 9 Dated: January 13, 2020. 10 LLIAM ALSUP 12 UNITED STATES DISTRICT JUDGE © 15 16 = 17 Z 18 19 20 21 22 23 24 25 26 27 28 1 Your name: 2 Address: 3 4 Phone Number: 5 E-mail Address: 6 Pro se 7 8 UNITED STATES DISTRICT COURT 9 NORTHERN DISTRICT OF CALIFORNIA 10 Division [check one]:  San Francisco  Oakland  San Jose  Eureka 11 ) 12 ) Case Number: ) 13 ) [Name] ) 14 Plaintiff, ) NOTICE OF CHANGE OF [check box]: ) 15 vs. )  ADDRESS )  PHONE NUMBER 16 )  EMAIL ) 17 ) 18 ) Judge: Hon. _ ) Defendant. 19 ) 20 As of [date of change] _______________________________________________________, 21 my contact information has changed [check box and fill in]: 22  Address: _______________________________________________________________ 23 _______________________________________________________________________ 24  Phone number: __________________________________________________________ 25  Email: _________________________________________________________________ 26 Date: Signature: 27 Printed name: 28 Pro Se iin enee nae eemeeneaieaats CENTER 1 CERTIFICATE OF SERVICE You must serve each document you file by sending or delivering to the opposing side. Complete 2 this form, and include it with the Motion to Change Date of Hearing that you file and serve. 3 Case name: v. 4 ||2. Case number: 5 Documents served: Notice of Change of Contact Information 6 How was the Motion served? [check one] 7 [| Placed in U.S. Mail 8 [ | Hand-delivered 9 [| Sent for delivery (e.g., FedEx, UPS) 10 [| Sent by fax (if the other party has agreed to accept service by fax) 11 On whom was the Motion served? {For each person who was sent the document, write their full name and contact information used. ] 12 13 |) ——— 14 pp ——— 15 |) 16 17 When was the Motion served? 18 7. Who served the Motion? {Whoever puts it into the mail, faxes, delivers or sends for 19 delivery should sign, and print their name and address. You can do this yourself. ] 20 I declare under penalty of perjury under the laws of the United States that the foregoing is true and correct. Signature: 22 . Name: 23 Address: 24 25 26 27 28 CERTIFICATE OF SERVICE /J0¢ remp.arte Rev. 05/2017]