Austin v. Kemper Corporation
- Susan Illston
- 3:21-cv-03208
- U.S. District Court · Northern District of California
- 2
In Austin v. Kemper, Judge Illston denied Austin’s motions for a new trial, to correct a clerk’s notice, and to appeal without paying fees.
George Jarvis Austin, whose three pending motions were denied; the opinion states that judgment for Kemper Corporation (Insurance) had already been entered.
What happened
Austin v. Kemper Corporation (Insurance) had already ended with judgment for Kemper on December 15, 2021. Three motions filed by George Jarvis Austin remained pending.
Austin asked for a new trial, sought to correct a clerk’s notice canceling an improperly scheduled hearing, and asked to appeal without paying filing fees. The court found the new-trial motion repeated arguments from an earlier reconsideration motion, the hearing was scheduled seven days after filing instead of the required 35 days, and Austin had not shown that his appeal would raise a non-frivolous argument.
Judge Susan Illston denied all three motions: the motion for a new trial, the motion to amend or correct the clerk’s notice, and the motion for leave to appeal without paying filing fees.
The detailed version
- Austin v. Kemper Corporation · No. 3:21-cv-03208
- Susan Illston
- June 23, 2022
Background The case had concluded with judgment for Kemper Corporation (Insurance) on December 15, 2021. The court addressed three motions filed by George Jarvis Austin: a motion for a new trial, a motion to amend or correct a clerk’s notice, and a motion for leave to appeal without paying filing fees.
Motion for a New Trial Austin’s motion for a new trial relied on the same grounds as an earlier motion for reconsideration. The court had previously denied reconsideration because Austin had not requested the required permission under the local rules and because the motion lacked merit. For the same reasons, the court found the new-trial motion meritless and denied it.
Motion to Amend or Correct the Clerk’s Notice The clerk’s notice canceled a hearing that Austin had scheduled for his new-trial motion. The court stated that Austin had scheduled the hearing seven days after filing the motion, while Civil Local Rule 7-2(a) requires a hearing to be set at least 35 days after filing. The court denied the motion to amend or correct the clerk’s notice.
Motion to Appeal Without Paying Filing Fees Austin asked for permission to appeal without paying filing fees. The court could not determine whether he had already paid fees to the Ninth Circuit because the materials he submitted were not actual Ninth Circuit receipts. The court also held that the motion failed under Federal Rule of Appellate Procedure 24(a)(1)(C) because Austin had not shown that he had presented, or intended to present, a non-frivolous argument on appeal. The court denied the motion for leave to appeal without paying filing fees.
Disposition Judge Susan Illston denied all three pending motions.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.