Diviacchi v. Stallings

Summary

The United States District Court for the Northern District of California denies without prejudice Plaintiff Valeriano Diviacchi’s motion under Federal Rule of Civil Procedure 60(b)(5) and (6) to vacate the judgment and related orders. The court finds the motion premature because an amendment to California State Bar Rule 4.41 had not yet become effective, although it directs the parties to file a joint stipulation and proposed order after the amendment’s effective date. The court also grants Plaintiff an extension of time to appeal based on the case’s unusual circumstances.

Holdings

1. Plaintiff's motion to vacate was premature because the amendment that would moot the dispute had not yet become effective; the motion was therefore denied without prejudice.
2. The court granted Plaintiff's request for a 30-day extension of time to appeal despite Defendants' opposition.

Questions Presented

1. Whether Plaintiff was entitled to relief from the final judgment under Federal Rule of Civil Procedure 60(b)(5) or (6) before the amendment to State Bar Rule 4.41 became effective.
2. Whether Plaintiff should receive an extension of time to appeal under Federal Rule of Appellate Procedure 4(a)(5).

Disposition

other