Wapato Heritage, L.L.C. v. United States

MEMORANDUM

Plaintiff-Appellant Wapato Heritage, L.L.C. (Wapato), appeals the district court’s orders denying its motion for summary judgment and motion for reconsideration, and granting Defendants-Appellees’ motion for summary judgment and motion to dismiss. We have jurisdiction pursuant to 28 U.S.C. § 1291 .

Because the parties are familiar with the factual and procedural history of this case, we do not recount additional facts, except as necessary to explain our decision. In a separate opinion, we address, among other matters, Wapato’s claim that the Lease is ambiguous as to whether the Bureau of Indian Affairs (BIA) was the Lessor under the Lease. Having considered Wapato’s other assignments of error here, we affirm.

The district court did not abuse its discretion when it denied Wapato’s motion for reconsideration of the court’s summary-judgment rulings. MacDonald v. Grace Church Seattle, 457 F.3d 1079, 1081 (9th Cir.2006). Wapato did not present “newly discovered evidence,” but instead merely raised a new argument that the United States failed to locate and submit at summary judgment a copy of Exhibit A to the Lease. See Nw. Acceptance Corp. v. Lynnwood Equip., Inc., 841…