Transcript (Dra)

Stephen Solomon, Pro Se Legal Self-Help Center, in San Jose, California

December 20th, 2011 2:42 a.m.

James Alan Bush So, let me...let me rephrase...let me make sure Im posing my question correctly. So, heres my...heres my question (before I type my notes here): Um, we are now past the initialyou know, within the...within the purview of before trialwere outside...were outside that (right?), procedurally, because the case has been dismissed against certain defendants for failure to le proof of service, even though proof of service...oh, Im sorry...even though service is valid. at much has been deemed true. I would like to le a motion for leave to le a late proof of service, which I know is a motion... Stephen For the people who have been dismissed? James ats the issue I wanted to take to you. So, it [the case] has been dismissed against certain defendants for failure to le proof. She [the judge] made an errorthe judge made an error previously on that... Stephen But, but, but, its not...its not for another district court judge to determine. James Yeah, yeah. Stephen Or the Ninth Circuit. James Okay, so it is an appeal issue? Stephen Anything...anything from a judgewhether its from a judgment of dismissal based on summary judgment or from a trialif its a judgment, you have to appeal the judgment and take it up with... James Right, and you can also le a... Stephen You cant make another motion here [in the district court]. James A Motion for Relief from Judgment under Rule 60 is an option. Stephen

Well, yeah, I mean... James In fact, it would be wise to do both, wouldnt it? Because that way, if you le a notice of appeal now, [and] pursue the motion for relief from judgment under Rule 60 approach at the same time, youve preserved your right to appealyou have to le that notice within a certain time frame so, wouldnt it be prudent to do both? I think it would. And, then if you... And, the motion for relief from judgment: what...where would I...? Stephen ats outside of my area. James Yeah, is that outside of the focus of your...? Is it outside of the focus of the Legal Self-Help [Center]? Stephen Uh, well, anything dealing with an appeal. James Yeah. Stephen Again, if its anything outside of the district court or a case thats venued here... James Right, I dont think it is at this point. A motion for relief from judgment? Stephen You could...you could, um... James A motion for relief from judgment under Rule 60 is still within the jurisdiction of this court. Alright. Stephen at may be. You know, if youre looking at that [points to legal reference books on table], Ill bet you its in there. James Yeah, okay. Alright. Well, lets see: thats, uh... Stephen ats all you need. James ...the California Practice Guide (Federal): Civil Procedure Before Trial. So, it might have a template foror a boilerplate for a motion for relief from judgment under Rule 60? Stephen Itit might. (Here, Stephen couldn't be bothered to pick up his own book and check.) James It might. Now, what, uh, you know, case law research to supportyou know, for the

memoranda? What? atthat has memoranda for that speci c thing, you think? Stephen It'llit'll have, um, statutes, uh, rules, (Stephen does not bother to nd out if the reference book actually deals with the issue I am raising in the motion.) James Okay. Stephen case lawI just need you to [hands me a clipboard with a document for me to sign] James Sure. [reaches for clipboard to sign document] Can you help me gure out exactly what search parameters under WestLaw I might use [reaches for pen belonging to me that Stephen just took] Oh, this is mineuh, for that, uh, my speci c situation? Stephen Well, if it's a motion for relief from judgment James at's one of them; but, for that speci c reason. What do you use? Stephen I use the, uh, Google Scholar. James Google Scholar. Where's that at? Stephen at's part of Google. James Alright. I just have to type in, "google-slash-scholar?" Stephen Well, youyouyou go in to the, you know, like, Google has all theall the choicesthe theit'll say, like, "News," "Shopping" It has one that says, "More." James Right. Stephen Click onto that and... James Right. Stephen and go down toto Google Scholar James Okay. Stephen and, then, get into that, and it hasit gives you options forforforit gives you legal

opinions and periodicals. James Alright. Stephen at'sI don't even use anything else but that. James Wow, I'll give that a shot. And, the nice thing is, is I can use that anywhere. It's free, and it's anywhere. Okay, so, just to reiterate my concerns one more time: I'm trying tothe case has been dismissed against certain defendants for failure to le proof of service. I claim that I would like to lethat I couldn't le proof of service on time because I was in jail. Now, that I'm out, I would like to do that; and, I would like the dismissal against those dismissal reversed; and, then permission to leor leave to leproof of service for those defendants, and then begin from there. Stephen Okay. James And, the excusable neglect would be the jail stay. Stephen Okay. James It'dand, that would all be, you think, possibly in California Practice Guide (Federal - Civil) Before Trial? If not, what would I do? Would I come back? Or, would I just look somewhere else? Stephen Well, well, I mean, again, it's nothing I could tell you o-hand. James Okay. Do you need more time? Stephen No. James Okay. Stephen Anything dealing with an appeal of a judgment, is beyond James Right. Stephen my ability to James Let me reiterate: this is not an appeal of a judgment in the appellate court[it's] not in the Ninth Circuit. at's not what I'm talking about. I'm seeking relief

Stephen [unintelligible] James Okay. I'm seeking relief under motionunder Rule 60, which is a district court Okay, alright. Cool! Stephen Hey, listen: I would startI would nd Rule 60. James Find Rule 60. Okay. Stephen Rule 60 has annotations, if you look in the U.S. Code. James Alright. Stephen And, it's the annotations that lead you to other distinctive cases. Whether there's James Under scholar-dotor, under scholaror Google Scholar or what-not. I should look under, I mean... Stephen Well, I mean James Yeah. Stephen I would start; but, I would go to the law library and actually get the U.S. Code, look up Rule 60 I would do that. James Mm-hm. Um, U.S. Code or Federal Rules of Civil Procedure? ere's a dierence. Stephen e U.S. James e U.S. Code! Okay, alright. Stephen at book also has the rules. James at's right! at's right! It does. Stephen If you go in there and look at the rules James I know what you're talking about.

Stephen [inaudible] James Yeah, okay, yeah. Okay. Stephen In the U.S. Code, you'll also have the rules James It might. It might. Stephen but, then it has the annotations. James It might. Stephen Oh, it does! James Alright. I will do that. I will see if I can nd something in that. Stephen I would look in there, just to see. James Okay. Stephen I'm not sure, though. James I will start there. And, then, when I'm done writing it, would you like to take a look at it? Maybe I can send you an e-mail or stop by? Stephen Uh James [Just to] proof it before it goes out? Stephen [chuckles] You know [laughs] James Is that part of the service provided by you? Stephen [shakes head] James Or, no? Stephen I would have to give it a quali ed, "no."

James Okay. Stephen Only because if the ve hundred andI've lost track James Okay, so you're really busy. Stephen And, I'd be doing it 24 hours a day. James Oh, if they [customers] did that, you'd be doing it [reading legal documents] 24 hours [a day]? Are theyare they doing that, though? It's not part of the service, in other words? Stephen People have. James People have? Okay. Alright. Alright, well, that's it for me today. Stephen [unintelligible] James Alright. Alright. at's it for now; and, uh, wish me luck! [chuckles] Stephen [chuckles]