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Broncel v. H & R Transport

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA


January 13, 2010

PRZEMYSLAW BRONCEL, PLAINTIFF,
v.
H & R TRANSPORT, LTD, ET AL., DEFENDANTS.

The opinion of the court was delivered by: Anthony W. Ishii Chief United States District Judge

ORDER DENYING MOTION FOR SUMMARY JUDGMENT

(Document #27)

On March 13, 2008, plaintiff Przemyslaw Broncel ("Plaintiff") filed his personal injury action in the California Superior Court, County of Merced. On April 9, 2008, Defendant H & R Transport filed a notice of removal to the U.S. District Court for the Eastern District of California. On July 31, 2009, defendant H&R Transport, LTD ("Defendant") filed a Motion for Summary Judgment. In essence, the Defendant is asking this Court to set aside the Merced State Court's March 24, 2008 Nunc Pro Tunc order ("State Court Order"). The Defendant argues that the State Court Order, which allowed Plaintiff to backdate his complaint to January 28, 2008, is erroneous under California state law.*fn1

Even assuming that this Court accepts all of Defendant's facts as true, Defendant has not cited authority for this Court to grant them the relief they seek under a motion for summary judgment standard. The remedy appears to be a motion for reconsideration of the State Court Order. See 28 U.S.C. § 1450.

Accordingly, Defendant's Motion for Summary Judgment is denied.

ORDER

For the reasons stated above, the court ORDERS that Defendant's Motion for Summary Judgment is denied.

IT IS SO ORDERED.


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