Transcript (Dra)

Stephen Solomon, Pro Se Legal Self-Help Center, in San Jose, CaliforniaDecember 20th, 2011 2:42 a.m.

James Alan BushSo, let me...let me rephrase...let me make sure I’m posing my question correctly. So, here’s my...here’s my question (before I type my notes here): Um, we are now past the initial—you know, within the...within the purview of “before trial”—we’re outside...we’re 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, I’m 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...StephenFor the people who have been dismissed?Jamesat’s 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 error—the judge made an error previously on that...StephenBut, but, but, it’s not...it’s not for another district court judge to determine.JamesYeah, yeah.StephenOr the Ninth Circuit.JamesOkay, so it is an appeal issue?StephenAnything...anything from a judge—whether it’s from a judgment of dismissal based on summary judgment or from a trial—if it’s a judgment, you have to appeal the judgment and take it up with...JamesRight, and you can also !le a...StephenYou can’t make another motion here [in the district court].JamesA Motion for Relief from Judgment under Rule 60 is an option.Stephen

Well, yeah, I mean...JamesIn fact, it would be wise to do both, wouldn’t 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, you’ve preserved your right to appeal—you have to !le that notice within a certain time frame—so, wouldn’t 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...?Stephenat’s outside of my area.JamesYeah, is that outside of the focus of your...? Is it outside of the focus of the Legal Self-Help [Center]?StephenUh, well, anything dealing with an appeal.JamesYeah.StephenAgain, if it’s anything outside of the district court or a case that’s venued here...JamesRight, I don’t think it is at this point. A motion for relief from judgment?StephenYou could...you could, um...JamesA motion for relief from judgment under Rule 60 is still within the jurisdiction of this court. Alright.Stephenat may be. You know, if you’re looking at that [points to legal reference books on table], I’ll bet you it’s in there.JamesYeah, okay. Alright. Well, let’s see: that’s, uh...Stephenat’s all you need.James...the California Practice Guide (Federal): Civil Procedure Before Trial. So, it might have a template for…or a boilerplate for a motion for relief from judgment under Rule 60?StephenIt…it might. (Here, Stephen couldn't be bothered to pick up his own book and check.)JamesIt might. Now, what, uh, you know, case law research to support…you know, for the

memoranda? What…? at…that has memoranda for that speci!c thing, you think?StephenIt'll…it'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.)JamesOkay.Stephen…case law—I just need you to… [hands me a clipboard with a document for me to sign]JamesSure. [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 mine—uh, for that, uh, my speci!c situation?StephenWell, if it's a motion for relief from judgment…Jamesat's one of them; but, for that speci!c reason. What do you use?StephenI use the, uh, Google Scholar.JamesGoogle Scholar. Where's that at?Stephenat's part of Google.JamesAlright. I just have to type in, "google-slash-scholar?"StephenWell, you…you…you go in to the, you know, like, Google has all the…all the choices…the…the…it'll say, like, "News," "Shopping…" It has one that says, "More."JamesRight.StephenClick onto that and...JamesRight.Stephen…and go down to…to Google Scholar…JamesOkay.Stephen…and, then, get into that, and it has…it gives you options for…for…for…it gives you legal

opinions and periodicals.JamesAlright.Stephenat's…I don't even use anything else but that.JamesWow, 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 to…the case has been dismissed against certain defendants for failure to !le proof of service. I claim that I would like to !le…that 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 !le—or leave to !le—proof of service for those defendants, and then begin from there.StephenOkay.JamesAnd, the excusable neglect would be the jail stay.StephenOkay.JamesIt'd…and, 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?StephenWell, well, I mean, again, it's nothing I could tell you off-hand.JamesOkay. Do you need more time?StephenNo.JamesOkay.StephenAnything dealing with an appeal of a judgment, is beyond…JamesRight.Stephen…my ability to…JamesLet 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]JamesOkay. I'm seeking relief under motion…under Rule 60, which is a district court… Okay, alright. Cool!StephenHey, listen: I would start…I would !nd Rule 60.JamesFind Rule 60. Okay.StephenRule 60 has annotations, if you look in the U.S. Code.JamesAlright.StephenAnd, it's the annotations that lead you to other distinctive cases. Whether there's…JamesUnder scholar-dot…or, under scholar…or Google Scholar or what-not. I should look under, I mean...StephenWell, I mean…JamesYeah.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.JamesMm-hm. Um, U.S. Code or Federal Rules of Civil Procedure? ere's a difference. Stephene U.S….Jamese U.S. Code! Okay, alright.Stephenat book also has the rules.Jamesat's right! at's right! It does.StephenIf you go in there and look at the rules…JamesI know what you're talking about.

Stephen[inaudible]JamesYeah, okay, yeah. Okay.StephenIn the U.S. Code, you'll also have the rules…JamesIt might. It might.Stephen…but, then it has the annotations.JamesIt might.StephenOh, it does!JamesAlright. I will do that. I will see if I can !nd something in that.StephenI would look in there, just to see.JamesOkay.StephenI'm not sure, though.JamesI 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? StephenUh…James[Just to] proof it before it goes out?Stephen[chuckles] You know… [laughs]JamesIs that part of the service provided by you?Stephen[shakes head]JamesOr, no?StephenI would have to give it a quali!ed, "no."

JamesOkay.StephenOnly because if the !ve hundred and—I've lost track…JamesOkay, so you're really busy.StephenAnd, I'd be doing it 24 hours a day.JamesOh, if they [customers] did that, you'd be doing it [reading legal documents] 24 hours [a day]? Are they…are they doing that, though? It's not part of the service, in other words?StephenPeople have.JamesPeople have? Okay. Alright. Alright, well, that's it for me today.Stephen[unintelligible]JamesAlright. Alright. at's it for now; and, uh, wish me luck! [chuckles]Stephen[chuckles]