Currier v. JP Morgan Chase Bank, NA

Opinion

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 RICHARD SCOTT CURRIER Case No.: 20cv227-LAB (JLB)

12 Plaintiff, ORDER DIRECTING PARTIES 13 v. TO CONTINUE LITIGATING; AND 14 JP MORGAN CHASE BANK, NA,

et al. 15 ORDER EXTENDING TIME TO Defendants. AMEND 16

17 18 Plaintiff Richard Currier filed a notice of appeal (Docket no. 25), which does 19 not provide the issues appealed or explain the basis for appeal. Currier did not pay 20 the filing fee and has not moved to proceed in forma pauperis on appeal. Because 21 he used the case number of his existing appeal, it appears he is attempting to file 22 this as part of the same case on appeal, rather than as a new appeal. Based on 23 the date provided in the notice of appeal, Currier is seeking review of the Court’s 24 March 5 order denying his motion for reconsideration. 25 Ordinarily a notice of appeal deprives the Court of jurisdiction over the matter 26 appealed. But a notice of appeal from a non-final, non-appealable order does not 27 deprive the Court of jurisdiction, and the Court may disregard it and proceed to 28 adjudicate the case. Ruby v. Secretary of U.S. Navy, 365 F.2d 385, 389 (9th Cir. 1 1966). The Court concludes that Currier’s notice of appeal from its non-final, non- 2 ||appealable order does not deprive it of jurisdiction. The parties should treat this 3 || Case as active and ongoing. The Court’s orders regarding the filing of an amended 4 ||complaint and response (see Docket numbers 7, 23 and 24) remain in place, 5 || unless amended or suspended by this Court or the Ninth Circuit. 6 Because of the COVID-19 emergency, certain restrictions are in place and 7 ||certain requirements have been temporarily suspended. The parties should check 8 Court’s website frequently for information on current requirements. To permit 9 || Currier to file his amended complaint by mail, the Court sua sponte EXTENDS the 10 deadline for Currier to file his amended complaint to April 20, 2020. This extension 11 |/is not intended to give Currier more time than he has already been given to prepare 12 amended complaint, but rather to give him enough time to mail in his amended 13 || complaint with enough time for it to be received and docketed by the filing deadline. 14 ||After Currier files his amended complaint, or if the deadline passes without his 15 |/having filed it, Defendants should file an answer, file a dispositive motion, or 16 otherwise defend. 17 18 19 IT IS SO ORDERED. 20 ||Dated: March 23, 2020 21 (A / AB WY 22 Honorable Larry Alan Burns 23 Chief United States District Judge 24 25 26 27 28